Litter Act 2004

This section applies if an authorised person—

has considered a submission mentioned in section 24BC (2); and

is satisfied on reasonable grounds that it is appropriate in all the circumstances, to give the person a notice to abate the amenity impact (an abatement notice).

If the authorised person has reasonable grounds for believing that an amenity impact exists, the authorised person may give an abatement notice to—

the person who deposited litter and caused the impact; or

if the person cannot be identified—the person who occupies the place from which the impact originates.

For how documents may be given, see the Legislation Act, pt 19.5.

In determining whether to give an abatement notice in relation to an amenity impact, the authorised person—

must have regard to the number of people affected, or potentially affected, by the impact; and

must have regard to any disability that a person causing the impact may have; and

must have regard to the physical, mental or financial capacity of the person causing the impact to reasonably comply with the proposed abatement notice; and

may have regard to any reasonable steps that a person causing the impact has or has not taken to avoid or minimise the impact; and

may have regard to any reasonable steps that a person adversely impacted, or potentially adversely impacted has or has not taken to avoid or minimise the impact, or potential impact on the person.

An abatement notice—

must state the amenity impact which is required to be abated; and

must state the period within which the amenity impact is to be abated; and

may state steps to be taken to prevent the amenity impact from happening again and the period or periods within which they are to be undertaken.

An abatement notice continues in force until revoked in accordance with section 24BG.