Litter Act 2004

The director-general may apply to the Magistrates Court for any of the following orders in relation to a person given an abatement notice:

that the person—

comply with the notice; and

undertake, or stop taking, stated action to prevent the amenity impact from happening again;

if the amenity impact has been removed but is likely to happen again—that the person undertake, or stop taking, stated action to prevent the amenity impact from happening again;

that if the person fails to comply with an order made by the court under subsection (3) (a) or (b), an authorised person may, after the expiration of the compliance period stated in the order, enter a place to which the order relates and do whatever is necessary to implement the order;

that the person pay the reasonable costs and expenses, as determined by the court—

of the application; and

incurred by the Territory in implementing, or attempting to implement, any order made under subsection (3) (c).

In considering an application, the court—

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

must have regard to the physical, mental or financial capacity of the person causing the impact to reasonably comply with an order proposed to be made by the court under subsection (3); and

may consider any relevant report from anyone about the amenity impact.

The court may make any of the following orders in relation to the person given an abatement notice:

that the person comply with the notice within a period stated in the order;

that to prevent the amenity impact from happening again, the person undertake, or stop taking, stated action within a period stated in the order;

that if the person fails to comply with an order under paragraph (a) or (b), an authorised person may, after the expiration of the compliance period stated in the order, enter a place to which the order relates and do whatever is necessary to implement the order.

that the person pay the reasonable costs and expenses, as determined by the court—

of the application; and

incurred by the Territory in implementing, or attempting to implement, an order under paragraph (c).

If the court makes an order under subsection (3) (c), an authorised person must not enter the place to which the order relates unless—

the authorised person has given the person a written notice stating the date and time of the proposed entry at least 7 days before the date; and

the time of entry stated is on a working day between 8 am and 6 pm.

Also, for an order under subsection (3) (c), an authorised person must—

enter only the part of the place necessary to implement the order using any reasonable and necessary force and assistance; and

not remain at the place longer than necessary to implement the order.

A person must comply with an order under subsection (3) (a), (b) or (d).

The court may revoke an order under subsection (3) (a) or (b) on application by the person in relation to whom the order was made, or the director-general, if satisfied—

that the order has been complied with; and

that there is no reasonable likelihood of the circumstances giving rise to the making of the order happening again.