Litter Act 2007

Litter Act 2007

This Act may be cited as the Litter Act 2007.

The provisions of this Act commence on a day or days to be proclaimed.

In this Act, unless the contrary intention appears –

approved means approved by the Director;

authorised officer means – a person who, under section 7 or 8, is appointed as an authorised officer; or a person who, under section 8A, is an authorised officer by virtue of his or her office;

corresponding law means a law of another State or a Territory of Australia dealing with either or both of the following subjects:the driving of motor vehicles on roads; the use of motor vehicles and trailers on roads;

deposit, in respect of litter, includes – drop or throw litter in, on or into a place; and leave litter in or on a place; and put litter in such a location that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend, blow, be washed, percolate or otherwise escape into or from a place; and cause, permit or allow litter to fall, descend, blow, be washed, percolate or otherwise escape into or from a place;

Director means the Director, Environment Protection Authority appointed under section 18 of the Environmental Management and Pollution Control Act 1994;

document means any record of information and includes – anything on which there is writing; and anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and anything from which sounds, images or writing can be reproduced with or without the aid of anything else; and a map, plan, drawing or photograph;

escape includes fall, descend and percolate, and be blown or washed, into, on or from any place;

Fund means the Litter Management Fund continued under section 48;

general manager means the general manager of a council appointed under the Local Government Act 1993;

infringement notice means an infringement notice served in accordance with Division 3 of Part 3;

land means any land, whether publicly or privately owned, and includes any buildings or other structures permanently affixed to the land;

litter includes – any solid or liquid domestic or commercial refuse, debris or rubbish and, without limitation, includes any glass, metal, plastic, cigarette butts, paper, fabric, wood, food, abandoned vehicles, abandoned vehicle parts, abandoned vessel parts and equipment, construction or demolition material, garden remnants and clippings, soil, sand and rocks; and any other material, substance or thing deposited in or on a place if its size, shape, nature or volume makes the place where it is deposited disorderly or detrimentally affects the proper use of that place – whether or not the litter has any value when or after being deposited in or on the place;

litter abatement notice means a litter abatement notice served under section 35;

motor vehicle has the meaning given by the Vehicle and Traffic Act 1999;

open private place means a private place that is situated – in or on land and that is not within a building on the land; or in or on waters;

place includes – a receptacle; and any State waters;

registered operator of a motor vehicle or trailer has the meaning assigned to that expression under the Vehicle and Traffic Act 1999 and includes – the registered operator of the motor vehicle or trailer within the meaning of a corresponding law; and in the case of a motor vehicle or trailer to which a trade plate or similar device is affixed under the Vehicle and Traffic Act 1999 or under a corresponding law, the person to whom the trade plate or device has been issued; and in the case of a motor vehicle or trailer for which a short term unregistered vehicle permit or similar permit has been issued under the Vehicle and Traffic Act 1999 or under a corresponding law, the person to whom the permit has been issued;

registered owner, of a vessel, means – in the case of a vessel registered in Tasmania, the person who, under the Marine and Safety Authority Act 1997, is registered or recorded as its owner under the by-laws governing the registration of vessels of its particular kind; or in the case of a vessel registered, licensed or surveyed in another jurisdiction, the person who is registered or recorded as its owner under the law of that jurisdiction;

reserved land has the same meaning as in the Nature Conservation Act 2002;

small passenger vehicle means a motor vehicle with a seating capacity of less than 13 adults, including the driver, that is designed and constructed primarily for the carriage of passengers;

State waters means – any waters of the territorial sea of Australia that are – within 3 nautical miles of the baseline by reference to which the territorial limits of Australia are defined for the purposes of international law; and adjacent to the State; and any marine or tidal waters that are on the landward side of that baseline and are adjacent to the State; and any inland waters of the State, inclusive of those in artificial water storages and artificial water courses;

statutory defence means a defence provided by section 24(2) or section 24A(2);

trailer has the meaning given by the Vehicle and Traffic Act 1999;

use includes – in relation to a motor vehicle, the driving, idling, leaving, loading, parking, standing and unloading of the motor vehicle; and in relation to a trailer, the leaving, loading, parking, standing, towing and unloading of the trailer; and in relation to a vessel, the use of the vessel even when – riding at anchor; or tied to a mooring; or tied up to a jetty, wharf or breakwater; or berthed in a marina; or secured to another vessel to which subparagraph (i), (ii), (iii) or (iv) applies; or connected up to something such as a crane, slipway cradle or trailer winch in order to be put into or taken out of the water;

vehicle means anything capable of transporting people, objects or materials by road, rail or air, regardless of how the thing is moved or propelled;

vessel means any kind of vessel other than – a vessel under the control of the Australian Defence Force; or a warship, naval auxiliary or other vessel operating exclusively in the non-commercial government service of a foreign country;

warrant means a warrant under the Search Warrants Act 1997.

The application of this Act extends to – all Crown land; and all State waters.

Subsection (1)(a) has effect notwithstanding section 35 of the National Parks and Reserves Management Act 2002.

Subject to subsection (2), this Act does not derogate from the provisions of any other Act.

The objects of this Act are –

to prohibit the deposit of litter in the environment; and to regulate the distribution of materials that may become litter; and to facilitate the removal of litter; and generally to protect and enhance the quality of the Tasmanian environment.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

The Director may appoint – State Service officers and State Service employees appointed or employed in the Department; or with the consent of the Head of another Agency, State Service officers and State Service employees appointed or employed in that Agency – as authorised officers for the purposes of this Act, and those persons may exercise the powers and perform the functions of an authorised officer in conjunction with State Service employment.

The Director may, with the consent of any person, appoint that person or an employee of that person as an authorised officer.

An appointment as an authorised officer may be made on such terms and conditions as the Director determines and, in particular, the instrument of appointment may provide that all or any of the powers conferred on an authorised officer by this Act may be exercised exclusively in respect of reserved lands or exclusively in respect of lands other than reserved lands.

The general manager of a council may appoint an employee of the council to be an authorised officer for the purposes of this Act.

Each of the following persons is an authorised officer by virtue of his or her office:

the Director;

a general manager;

a police officer.

A person must not deposit litter in any public place except in a receptacle that the owner or controller of the public place has provided for litter. Fine not exceeding – if the litter consists only of a single item of personal litter, 2 penalty units; or if paragraph (a) of this penalty does not apply but the litter does not exceed 55 litres in volume, 20 penalty units; or if the litter exceeds 55 litres, but does not exceed 2 cubic metres, in volume, 50 penalty units; or if the litter exceeds 2 cubic metres, but does not exceed 10 cubic metres, in volume – 100 penalty units in the case of an individual; or 200 penalty units in the case of a body corporate; or if the litter exceeds 10 cubic metres in volume – 200 penalty units in the case of an individual; or 500 penalty units in the case of a body corporate.

A person must not, in a public place, deposit litter in any receptacle provided for litter if it is, or reasonably ought to be, evident to the person that – from markings on the receptacle or elsewhere at the public place, the receptacle is not a suitable receptacle for litter of that nature; or from the nature of the litter or receptacle, the receptacle is not a suitable receptacle for the litter; or the receptacle is already full; or the receptacle has insufficient space, or remaining space, to hold the litter; or the receptacle is undergoing repairs or maintenance, is sealed or is otherwise temporarily unavailable for use as a receptacle for litter. Fine not exceeding – if the litter consists only of a single item of personal litter, 2 penalty units; or if paragraph (a) of this penalty does not apply but the litter does not exceed 55 litres in volume, 20 penalty units; or if the litter exceeds 55 litres, but does not exceed 2 cubic metres, in volume, 50 penalty units; or if the litter exceeds 2 cubic metres, but does not exceed 10 cubic metres, in volume – 100 penalty units in the case of an individual; or 200 penalty units in the case of a body corporate; or if the litter exceeds 10 cubic metres in volume – 200 penalty units in the case of an individual; or 500 penalty units in the case of a body corporate.

A person must not, in a public place, deposit litter in any receptacle provided for litter if – it is, or reasonably ought to be, evident to the person from the nature of the litter that the litter is of household or commercial origin; and there are no markings on the receptacle to indicate that it is for litter of household or commercial origin. Fine not exceeding – if the litter does not exceed 55 litres in volume, 20 penalty units; or if the litter exceeds 55 litres, but does not exceed 2 cubic metres, in volume, 50 penalty units; or if the litter exceeds 2 cubic metres, but does not exceed 10 cubic metres, in volume – 100 penalty units in the case of an individual; or 200 penalty units in the case of a body corporate; or if the litter exceeds 10 cubic metres in volume – 200 penalty units in the case of an individual; or 500 penalty units in the case of a body corporate.

A person must not deposit litter in any open private place if the person – is not the owner or occupier of the open private place; and does not have the consent of the owner or occupier of the open private place to deposit the litter in the open private place. Fine not exceeding – if the litter consists only of a single item of personal litter, 2 penalty units; or if paragraph (a) of this penalty does not apply but the litter does not exceed 55 litres in volume, 20 penalty units; or if the litter exceeds 55 litres, but does not exceed 2 cubic metres, in volume, 50 penalty units; or if the litter exceeds 2 cubic metres, but does not exceed 10 cubic metres, in volume – 100 penalty units in the case of an individual; or 200 penalty units in the case of a body corporate; or if the litter exceeds 10 cubic metres in volume – 200 penalty units in the case of an individual; or 500 penalty units in the case of a body corporate.

A person must not deposit litter in any open private place in such a way that – the litter or any part of the litter escapes into a public place or another private place; or the litter or any part of the litter is likely to escape into a public place or another private place. Fine not exceeding – if the litter consists only of a single item of personal litter, 5 penalty units; or if paragraph (a) of this penalty does not apply but the litter does not exceed 55 litres in volume, 20 penalty units; or if the litter exceeds 55 litres, but does not exceed 2 cubic metres, in volume, 50 penalty units; or if the litter exceeds 2 cubic metres, but does not exceed 10 cubic metres, in volume – 100 penalty units in the case of an individual; or 200 penalty units in the case of a body corporate; or if the litter exceeds 10 cubic metres in volume – 200 penalty units in the case of an individual; or 500 penalty units in the case of a body corporate.

Subject to subsections (7) and (8), every offence under this section is an offence of strict liability.

It is a defence in proceedings for a minor offence under this section if the defendant establishes that the deposition of the relevant litter was accidental and the defendant took reasonable steps to retrieve it.

It is a defence in proceedings for an offence under this section, other than a minor offence, if the defendant establishes that – the deposition of the relevant litter was accidental and the defendant took reasonable steps to retrieve it; or the deposition of the relevant litter was done in good faith in urgent response to a civil or other emergency in order to prevent or minimise a genuine risk to the safety of persons or property; or the deposition of the relevant litter was an unavoidable consequence of a lawful activity.

For the purposes of subsection (8)(c), a consequence is taken to be unavoidable if at the relevant time there was no reasonably practicable way of avoiding it.

Nothing in this section applies to, or prevents – the deposition of litter in accordance with any authority lawfully given by or on behalf of the State Crown; or the deposition of litter in a municipal area in accordance with any authority lawfully given by or on behalf of its council; or the deposition of litter in any place if there is lawful authority to do so; or the placement in a public place of a council-supplied receptacle, containing litter from a private property adjacent to or near that public place, for the litter to be removed by and in accordance with the publicised protocols of a council's routine garbage collection or recycling service; or the placement in a public place of green waste, from a private property adjacent to or near that public place, for removal by and in accordance with the publicised protocols of a council's green-waste collection service; or the placement of unwanted household items, from a private residence adjacent to or near that public place, for removal by and in accordance with the publicised protocols of a council's periodic clean-up or recycling service.

In this section – markings includes words and signs; minor offence means an offence involving only a single item of personal litter; nature, of litter, means its nature having regard to – its composition; and its size, shape and volume; and its odour, viscosity, combustibility and perishability; and its potentialities to cause, in either its instant or a transformed state, a safety, health or environmental hazard; personal litter means litter consisting of, or like, any of the following:a bus, movie or parking ticket; an automatic bank teller docket or sales receipt; a cigarette butt or piece of chewing gum; a lolly wrapper, crisp packet, sandwich container or food sachet; a drinking straw or soft drink bottle; the core or skin of a piece of fruit; a fried potato chip; suitable includes safe.

A person must not destroy, damage, remove or in any other way interfere with the operation of a relevant recording camera. Fine not exceeding – 50 penalty units in the case of an individual; or 100 penalty units in the case of a body corporate.

Subsection (1) does not apply to an authorised officer acting in his or her capacity as an authorised officer or another person acting under the instruction or direction of such an authorised officer.

In this section – relevant recording camera means a device – that is capable of taking photographs or of making a video recording or audio-video recording; and that is set up by an authorised officer under section 41(1)(d) for a purpose related to the detection and investigation of unauthorised or unlawful depositing of litter.