Litter
6 Litter
Subject to this section, a person shall not leave, throw, deposit or abandon litter in, onto or from a public place or vacant
Crown land elsewhere than into an authorized receptacle.
Maximum penalty: 15 penalty units.
It is not an offence against subsection (1) if:
the litter was left in the public place or vacant Crown land, elsewhere than in an authorized receptacle, to be collected in pursuance of a service for the collection of garbage authorized by the Minister; or
a public entertainment or spectacle was, at the time, being held in the public place.
It is a defence to a prosecution for an offence against this section if the defendant satisfies the court that:
the litter was in the public place or vacant Crown land as the result of an accident and that, by reason of injury to himself or other reasonable cause, he was prevented from cleaning up the litter;
or
it was not practicable to dispose of the litter in an authorized receptacle or in a place approved by the Chief Health Officer for the disposal of rubbish and the litter was disposed of by the defendant in such a manner as to be unlikely to cause annoyance or a nuisance to other persons.
The maximum penalty for an offence against this section is
15 penalty units but, where a person is found guilty of an offence against this section and the litter left, thrown, deposited or abandoned was, in the opinion of the court, liable to cause injury to, or danger to the health of, a person using the public place or vacant Crown land or damage to property, the court may impose a maximum penalty of 25 penalty units for the offence.
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