Tasmanian Consolidated Acts

LITTER ACT 2007 - SECT 9

      (1) A person must not deposit litter that is 55 litres or less in volume –

(a) in or on a public place; or

(b) in or on any open private place unless he or she is the owner or occupier of the place or has the express consent of the owner or occupier.

Penalty:

Fine not exceeding 20 penalty units.

      (2) A person must not deposit litter consisting solely of a cigarette butt, confectionery wrapper, bus ticket or other small item, whether of a similar kind or not –

(a) in or on a public place; or

(b) in or on any open private place unless he or she is the owner or occupier of the place or has the consent of the owner or occupier.

Penalty:

Fine not exceeding 2 penalty units.

      (3) Liability for an offence under subsection (2) is in substitution for any other liability under this section.

      (4) A person must not deposit litter that is more than 55 litres in volume –

(a) in or on a public place; or

(b) in or on any open private place unless he or she is the owner or occupier of the place or has the express consent of the owner or occupier.

Penalty:

Fine not exceeding 50 penalty units.

      (5) A person must not deposit litter that is 55 litres or less in volume in or on any open private place so that –

(a) any part of that litter escapes; or

(b) any part of that litter is likely to escape –

Penalty:

Fine not exceeding 20 penalty units.

      (6) A person must not deposit litter that is more than 55 litres in volume in or on any open private place so that –

(a) any part of that litter escapes; or

(b) any part of that litter is likely to escape –

Penalty:

Fine not exceeding 50 penalty units.

      (7) A person must not deposit litter that is 55 litres or less in volume in a public place in a receptacle provided for litter if –

(a) the litter is not of the size, shape, nature or volume for which the receptacle is provided; or

(b) owing to the size, shape, nature or volume of the litter, it is evident that the litter is of household or commercial origin.

Penalty:

Fine not exceeding 20 penalty units.

      (8) A person must not deposit litter that is more than 55 litres in volume in a public place in a receptacle provided for litter if –

(a) the litter is not of the size, shape, nature or volume for which the receptacle is provided; or

(b) owing to the size, shape, nature or volume of the litter, it is evident that the litter is of household or commercial origin.

Penalty:

Fine not exceeding 50 penalty units.

      (9) Subsection (7)(b) and subsection (8)(b) do not prevent the deposit of litter in a receptacle in a public place if the receptacle is clearly marked as being for litter of household or commercial origin.

      (10) Subsections (1), (2), (3) and (4) do not apply to the placing of a receptacle containing litter in or on a public place for the litter to be removed by a garbage collection service.

      (11) Subsections (1), (2), (3), (4), (5) and (6) do not apply to –

(a) the depositing of litter in accordance with any authority lawfully given by a State Service officer or State Service employee or by a council; or

(b) the depositing of litter in any place if there is lawful authority to do so.

      (12) In a prosecution for an offence against this section, it is a defence if the litterer can show –

(a) that the deposit of the litter was accidental and that he or she took all reasonable steps to retrieve the litter; or

(b) that the deposit of the litter was an unavoidable consequence of a lawful activity.

      (13) For the purposes of subsection (12)(b), a consequence is unavoidable if there was at the relevant time no reasonably practicable way of avoiding it.

      (14) Subject to subsections (12) and (13), an offence against this section is an offence of strict liability.

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