AustLII Tasmanian Consolidated Acts

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LITTER ACT 2007 - SECT 9

PART 3 - Prohibition of Littering Division 1 - Littering 9. Littering offences

(1) 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.

Penalty:

Fine not exceeding –

(a) if the litter consists only of a single item of personal litter, 2 penalty units; or

(b) if paragraph (a) of this penalty does not apply but the litter does not exceed 55 litres in volume, 20 penalty units; or

(c) if the litter exceeds 55 litres in volume, 50 penalty units.

(2) 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 –

(a) from markings on the receptacle or elsewhere at the public place, the receptacle is not a suitable receptacle for litter of that nature; or

(b) from the nature of the litter or receptacle, the receptacle is not a suitable receptacle for the litter; or

(c) the receptacle is already full; or

(d) the receptacle has insufficient space, or remaining space, to hold the litter; or

(e) the receptacle is undergoing repairs or maintenance, is sealed or is otherwise temporarily unavailable for use as a receptacle for litter.

Penalty:

Fine not exceeding –

(a) if the litter consists only of a single item of personal litter, 2 penalty units; or

(b) if paragraph (a) of this penalty does not apply but the litter does not exceed 55 litres in volume, 20 penalty units; or

(c) if the litter exceeds 55 litres in volume, 50 penalty units.

(3) A person must not, in a public place, deposit litter in any receptacle provided for litter if –

(a) 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

(b) there are no markings on the receptacle to indicate that it is for litter of household or commercial origin.

Penalty:

Fine not exceeding –

(a) if the litter does not exceed 55 litres in volume, 20 penalty units; or

(b) if the litter exceeds 55 litres in volume, 50 penalty units.

(4) A person must not deposit litter in any open private place if the person –

(a) is not the owner or occupier of the open private place; and

(b) does not have the consent of the owner or occupier of the open private place to deposit the litter in the open private place.

Penalty:

Fine not exceeding –

(a) if the litter consists only of a single item of personal litter, 2 penalty units; or

(b) if paragraph (a) of this penalty does not apply but the litter does not exceed 55 litres in volume, 20 penalty units; or

(c) if the litter exceeds 55 litres in volume, 50 penalty units.

(5) A person must not deposit litter in any open private place in such a way that –

(a) the litter or any part of the litter escapes into a public place or another private place; or

(b) the litter or any part of the litter is likely to escape into a public place or another private place.

Penalty:

Fine not exceeding –

(a) if the litter consists only of a single item of personal litter, 5 penalty units; or

(b) if paragraph (a) of this penalty does not apply but the litter does not exceed 55 litres in volume, 20 penalty units; or

(c) if the litter exceeds 55 litres in volume, 50 penalty units.

(6) Subject to subsections (7) and (8), every offence under this section is an offence of strict liability.
(7) 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.
(8) It is a defence in proceedings for an offence under this section, other than a minor offence, if the defendant establishes that –

(a) the deposition of the relevant litter was accidental and the defendant took reasonable steps to retrieve it; or

(b) 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

(c) the deposition of the relevant litter was an unavoidable consequence of a lawful activity.

(9) 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.
(10) Nothing in this section applies to, or prevents –

(a) the deposition of litter in accordance with any authority lawfully given by or on behalf of the State Crown; or

(b) the deposition of litter in a municipal area in accordance with any authority lawfully given by or on behalf of its council; or

(c) the deposition of litter in any place if there is lawful authority to do so; or

(d) 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

(e) 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

(f) 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.

(11) 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 –

(a) its composition; and

(b) its size, shape and volume; and

(c) its odour, viscosity, combustibility and perishability; and

(d) 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) a bus, movie or parking ticket;

(b) an automatic bank teller docket or sales receipt;

(c) a cigarette butt or piece of chewing gum;

(d) a lolly wrapper, crisp packet, sandwich container or food sachet;

(e) a drinking straw or soft drink bottle;

(f) the core or skin of a piece of fruit;

(g) a fried potato chip;

suitable includes safe.



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