Litter Act 2004

This Act is the Litter Act 2004.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘road related area—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘road related area’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Objects and key concepts

The objects of this Act are—

to protect and enhance the natural and built environment and amenity of the ACT, including the wellbeing of its people; and

to reduce the economic and health impact of littering and illegal dumping.

This Act aims to achieve its objects by—

reducing and preventing littering and illegal dumping; and

regulating the depositing of litter, or other material that may become litter; and

facilitating the removal of litter.

In this Act:

litter includes any solid or liquid waste, whether domestic or commercial, and also includes—

any glass, metal, cigarette butt, plastic, paper, fabric, wood, food, abandoned vehicle and vehicle part, construction or demolition material, garden remnants and clippings, soil, sand or rocks; and

Example—abandoned vehicle dockless bicycle

any material, substance or thing deposited at a place if its size, shape, nature or volume makes the place untidy or adversely affects the proper use of the place.

Example—untidy or adversely affects proper use of place large pile of soil or rocks left on side of road or in school playground for no purpose

For this Act, a reference to litter at a level mentioned in an item in table 7A, column 2, is a reference to the volume of litter mentioned in the item, column 3.

Table 7A

column 1 item column 2 level column 3 volume of litter (L)

1 level 1

1L or more but less than 10L

2 level 2

10L or more but less than 200L

3 level 3

200L or more

Part 3 Offences

A person must not deposit litter at a public place or an open private place.

Maximum penalty: 10 penalty units.

Examples

1 dropping a lolly wrapper onto a footpath

2 leaving food packaging in a private car park

A person commits an offence if—

the person deposits litter at a public place or an open private place; and

the litter escapes, or is likely to escape—

from the public place into or onto another public place or an open private place; or

from the open private place into or onto a public place or another open private place.

Maximum penalty: 10 penalty units.

Examples

1 unsolicited advertising material, brochures or newspapers left falling out of a letterbox or in a front yard that are likely to be windblown onto a public park

2 building waste kept unsecured on a building site that is likely to be windblown offsite

Note Escape is defined in the dictionary.

A person commits an offence if—

the person deposits litter in a public place in a receptacle provided for litter; and

the litter is not of the size, shape, nature or volume for which the receptacle is provided.

Maximum penalty: 10 penalty units.

Example placing commercial or household waste in a bin provided for general public waste

Subsection (1) does not apply to the depositing of litter at a place with the consent of the occupier of the place.

Subsection (2) does not apply to the depositing of litter at a place with the consent of the occupier of the place only if the litter is unlikely to escape.

Subsections (1) and (2) do not apply to—

the placing of a receptacle containing litter at a public place for the litter to be removed by a waste collection service; or

the depositing of litter at a public place or an open private place in a receptacle that is—

provided or designed to be used for litter; and

appropriate for litter of that size, shape, nature and volume; or

the depositing of litter in accordance with an invitation from a public servant in the exercise of the public servant’s functions; or

the depositing of litter at a public landfill or waste facility in accordance with the requirements for depositing litter at the landfill or facility.

Subsections (1) to (3) do not apply if the depositing of the litter is accidental and the person takes all reasonable steps to retrieve the litter.

Note The defendant has an evidential burden in relation to the matters mentioned in s (4) to s (7) (see Criminal Code, s 58).

An offence against this section is a strict liability offence.

A person commits an offence if—

the person deposits litter at a public place; and

the nature of the litter or the way the litter is deposited is likely to injure a person or animal, or to damage property.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

A person commits an offence if—

the person deposits litter at a public place; and

the litter is any of the following:

a cigarette or cigarette butt whether lit or unlit;

a match or similar item whether lit or unlit;

a syringe.

Maximum penalty: 50 penalty units.

Subsections (1) and (2) do not apply if the depositing of the litter is accidental and the person takes all reasonable steps to retrieve the litter.

Subsection (2) does not apply to—

the depositing of the litter in a public place in a receptacle that is—

provided or designed to be used for litter; and

appropriate for litter of that size, shape, nature and volume; or

Example depositing a syringe in a sharps container

the depositing of litter in accordance with an invitation from a public servant in the exercise of the public servant’s functions; or

for litter mentioned in subsection (2) (b) (i) or (ii)—

the placing of a receptacle containing litter at a public place for the litter to be removed by a waste collection service; or

the depositing of litter at a public landfill or waste facility in accordance with the requirements for depositing litter at the landfill or facility.

Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58).

An offence against subsection (2) is a strict liability offence.

In this section:

syringe means a hypodermic syringe and includes—

anything designed for use, or intended to be used, as part of a hypodermic syringe; and

a needle designed for use, or intended to be used, in relation to a hypodermic syringe.

A person commits an offence if—

the person dumps litter at a public place or an open private place; and

the volume of litter is 200L or more but less than 1 000L.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

A person commits an offence if—

the person dumps litter at a public place or an open private place; and

the volume of litter is 1 000L or more.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

A person commits an offence if—

the person dumps litter at a public place or an open private place; and

the volume of litter is 200L or more but less than 1 000L; and

the person is reckless about whether the litter, or part of the litter, escapes, or is likely to escape—

from the public place into or onto another public place or an open private place; or

from the open private place into or onto a public place or another open private place.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

A person commits an offence if—

the person dumps litter at a public place or an open private place; and

the volume of litter is 1 000L or more; and

the person is reckless about whether the litter, or part of the litter, escapes, or is likely to escape—

from the public place into or onto another public place or an open private place; or

from the open private place into or onto a public place or another open private place.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Subsections (1) and (2) do not apply to the dumping of litter at a place with the consent of the occupier of the place.

Subsections (3) and (4) do not apply to the dumping of litter at a place with the consent of the occupier of the place only if the litter is unlikely to escape.

Subsections (1) to (4) do not apply to—

the placing of a receptacle containing litter at a public place for the litter to be removed by a waste collection service; or

the dumping of litter at a public place or an open private place in a receptacle that is—

provided or designed to be used for litter; and

appropriate for litter of that size, shape, nature and volume; or

the dumping of litter in accordance with an invitation from a public servant in the exercise of the public servant’s functions; or

the dumping of litter at a public landfill or waste facility in accordance with the requirements for dumping litter at the landfill or facility.

Subsections (1) to (4) do not apply if the dumping of the litter is accidental and the person takes all reasonable steps to retrieve the litter.

Note The defendant has an evidential burden in relation to the matters mentioned in s (4) to s (7) (see Criminal Code, s 58).

Strict liability applies to subsections (1) (b), (2) (b), (3) (b) and (4) (b).

A person commits an offence if—

the person dumps litter at a public place or an open private place; and

the volume of litter is at a level mentioned in an item in table 7A, column 2.

A person commits an offence if—

the person dumps litter at a public place or an open private place; and

the volume of litter is at a level mentioned in an item in table 7A, column 2; and

the litter, or part of the litter, escapes, or is likely to escape—

from the public place into or onto another public place or an open private place; or

from the open private place into or onto a public place or another open private place.

For an offence against subsections (1) and (2), a penalty in accordance with section 9BA applies.

Subsection (1) does not apply to the dumping of litter at a place with the consent of the occupier of the place.

Subsection (2) does not apply to the dumping of litter at a place with the consent of the occupier of the place only if the litter is unlikely to escape.

Subsections (1) and (2) do not apply to—

the placing of a receptacle containing litter at a public place for the litter to be removed by a waste collection service; or

the dumping of litter at a public place or an open private place in a receptacle that is—

provided or designed to be used for litter; and

appropriate for litter of that size, shape, nature and volume; or

the dumping of litter in accordance with an invitation from a public servant in the exercise of the public servant’s functions; or

the dumping of litter at a public landfill or waste facility in accordance with the requirements for dumping litter at the landfill or facility.

Subsections (1) and (2) do not apply if the dumping of the litter is accidental and the person takes all reasonable steps to retrieve the litter.

Note The defendant has an evidential burden in relation to the matters mentioned in s (4) to s (7) (see Criminal Code, s 58).

An offence against this section is a strict liability offence.

If a person commits an offence against section 9B (1) or (2) and the volume of litter was at a level stated in column 2 of an item of table 9BA, the offence is punishable by the maximum penalty stated in column 3 of that item.

Table 9BA

column 1 item column 2 level column 3 maximum penalty (penalty units)

1 level 1

20

2 level 2

35

3 level 3

50