AustLII Tasmanian Consolidated Acts

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LITTER ACT 2007 - SECT 35

Litter abatement notices

(1)  If an authorised officer suspects on reasonable grounds that –
(a) a person is carrying on any activity that has caused, or is likely to cause, the deposit of litter contrary to section 9 ; or
(b) litter has been deposited in any place contrary to that section or that litter has escaped, or is likely to escape, from any place –
the authorised officer may serve a litter abatement notice on –
(c) the person carrying out the activity; or
(d) the person who deposited the litter; or
(e) the owner, occupier or person responsible for the management of the place.
(2)  If an authorised officer suspects on reasonable grounds that litter has escaped, or is likely to escape, from a motor vehicle or trailer, the authorised officer may serve a litter abatement notice on the registered operator of, or person in charge of, the motor vehicle or trailer.
(3)  A litter abatement notice may require the person to do one or more of the following in accordance with any directions given by an authorised officer:
(a) to refrain from depositing litter contrary to section 9 ;
(b) to ensure that no litter escapes from any place owned or occupied by the person or from the motor vehicle or trailer referred to in subsection (2) ;
(c) to remove the litter;
(d) to clean any place that has been affected by the deposit of litter and to restore the place as far as practicable to its former state and condition;
(e) to carry out any activity in such a manner as to prevent or minimise the deposit of litter;
(f) to do, or refrain from doing, any other act, matter or thing so as to ensure that the person does not commit an offence against this Act.
(4)  A person who has been served with a litter abatement notice must comply with any directions specified in the notice.

Penalty:  Fine not exceeding 50 penalty units.

(5)  A person who has been served with a litter abatement notice may appeal to the Magistrates Court (Administrative Appeals Division) for a review of the notice under the Magistrates Court (Administrative Appeals Division) Act 2001 .



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