Western Australian Consolidated Acts

LITTER ACT 1979 - SECT 5

5 .         Interpretation

        (1)         In this Act, unless the contrary intention appears —

        appointed area means an area set aside by a public authority on land under its control as an area for the deposit of litter;

        authorised officer means a person to whom section 26(1) applies;

        bill means any poster, placard, handbill, sticker, or other material or object manufactured, printed, drawn or produced for the purpose of advertising or promoting any thing, cause, function, event or occasion of any kind;

        Chairman means the Chairman of the Council;

        Department means a Department of the Public Service of the State;

        land means any land in the open air;

        litter includes —

            (a)         all kinds of rubbish, refuse, junk, garbage or scrap; and

            (b)         any articles or material abandoned or unwanted by the owner or the person in possession thereof,

        but does not include dust, smoke or other like products emitted or produced during the normal operations of any mining, extractive, primary or manufacturing industry;

        member of the Council means a member appointed under section 9;

        post , in relation to a bill, means affix the bill by any means to an object;

        prescribed means prescribed in the regulations;

        private land means land that is used and held in accordance with the requirements of section 32;

        public authority means a Department or State instrumentality, a local government within its district, and any other person or body, whether corporate or not, who or which under the authority of any Act is charged with the carrying out of any duty whilst acting in the discharge of that duty;

        public place means any thoroughfare, as defined in the Local Government Act 1995 , and any other land which the public are allowed to use;

        supporting member means a person, body or organization affiliated with the Council under section 13;

        the Council means the Keep Australia Beautiful Council (W.A.) established by section 6;

        the Fund means the Keep Australia Beautiful Council (W.A.) Fund established under section 18;

        waters includes —

            (a)         any inland waters, whether running or still, permanent or temporary, or natural or artificially created; and

            (b)         any part of the seas within the jurisdiction of the State.

        (2)         For the purposes of this Act litter is deposited on land or on or in waters if —

            (a)         it is placed, put, left, dropped or thrown there; or

            (b)         it is allowed to fall there or be carried there by the action of wind or water, or both.

        [Section 5 amended by No. 18 of 1986 s. 4; No. 6 of 1996 s. 4; No. 14 of 1996 s. 4.]