Australian Capital Territory

Litter Act 1977     No 27
Republication No 4C
As in force on 29 March 2001
Includes all amendments up to Act 2001 No 11

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on
29 March 2001

Australian Capital Territory

Litter Act 1977
CONTENTS
	Page
	1	Short title	1
	2	Interpretation	1
	3	Littering generally	3
	3A	Depositing of commercial waste or garden waste	3
	4	Transport of refuse etc	3
	5	Litter from commercial etc premises	4
	7	Application	4
	7A	Depositing or abandoning dangerous containers	4
	7B	       Placing advertising leaflets etc on motor vehicles	4
	8	Appointment of inspectors and authorised officers	6
	9	Powers of inspectors	6
	10	First litter notices	6
	10A	Final litter notices	8
	10B	Withdrawal of litter notices	9
	10C	Service of litter notices	9
	10D	Liability	9
	10E	Option to prosecute	11
	11	Court may order payment of costs of removal of litter	11
	11A	Evidence	12
	11C	Determined amount	12
	12	Regulations	12
ENDNOTES
	1	About this republication	14
	2	About the republished Act	14
	3	Abbreviation key	14
	4	Table of legislation	15
	5	Table of amendments	17
	6	Table of earlier republications	17

As in force on
29 March 2001

Australian Capital Territory

Litter Act 1977
An Act relating to litter
1 	Short title
	This Act may be cited as the Litter Act 1977.
2 	Interpretation
	In this Act, unless the contrary intention appears—
administrative charge means—
	(a)	the amount determined by the Minister under section 11C; or
	(b)	if the Minister has not determined such an amount—$25.
authorised officer means a person appointed under subsection 8 (1A) to be an authorised officer.
commercial waste means—
	(a)	waste resulting from institutional, commercial or industrial activities; or
	(b)	waste collected and transported in the course of business.
court means the Magistrates Court.

dangerous container means a vessel, container or receptacle (other than a vehicle or a part of a vehicle or a bin or other receptacle ordinarily used to hold garbage or refuse) comprising or containing a compartment that—
	(a)	has a capacity of not less than 40 litres; and
	(b)	has an opening of not less than 120 millimetres in both width and height; and
	(c)	is fitted with a door or lid capable of being fastened and capable of closing that opening.
garden waste means waste or soil or landscaping material, that contains plant material capable of propagating.
inspector means an inspector appointed under subsection 8 (1).
litter includes—
	(a)	refuse, garbage, rubble and waste of any description; and
	(b)	any other matter or thing of a like nature that, whilst in or on a public place, causes or contributes to the defacement or defilement of that place.
littering offence means an offence under this Act (other than section 9).
occupier includes the person having the charge, management or control of premises.
police force means police force of the Territory.
public place means a road, road related area or any other unleased Territory land.
public tip means a tip conducted by the Territory for use by members of the public.
road means road within the meaning of section 42 (Regulations about parking) of the Road Transport (Safety and Traffic Management) Act 1999.
road related area means a road related area within the meaning of section 42 of the Road Transport (Safety and Traffic Management) Act 1999.
3 	Littering generally
	A person shall not deposit litter in or on a public place.
Penalty:
	(a)	if the litter is likely to cause injury to persons or damage to property—
	(i)	if the offender is a natural person—50 penalty units; or
	(ii)	if the offender is a body corporate—250 penalty units;
	(b)	in any other case—
	(i)	if the offender is a natural person—10 penalty units; or
	(ii)	if the offender is a body corporate—50 penalty units.
3A 	Depositing of commercial waste or garden waste
	A person shall not deposit commercial waste or garden waste in or on a public place. 
Penalty:  
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
4 	Transport of refuse etc
	A person who—
	(a)	transports household or garden refuse, commercial waste or garden waste; or
	(b)	transports rubble or other waste material from a construction site;
shall not fail, without reasonable excuse, to so arrange, contain, fasten or cover it as to prevent any part of the refuse, waste, rubble or material falling or being blown from the vehicle in or upon which it is being transported into or onto a public place.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
5 	Litter from commercial etc premises
	The occupier of commercial, industrial or business premises shall take reasonable steps to prevent litter from the premises being deposited in or on a public place.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
7 	Application
	Nothing in this Act, other than section 7A, applies to or in relation to a person who—
	(a)	in a public place, deposits litter in a receptacle provided for the purpose; or
	(b)	places a receptacle containing litter in or on a public place in order that the litter may be removed by a garbage collection service; or
	(c)	deposits litter in or on a public place in response to an invitation from a public servant, where the public servant issues the invitation in the performance of his or her duties; or
	(d)	deposits litter at a public tip.
7A 	Depositing or abandoning dangerous containers
(1)		A person shall not deposit or abandon a dangerous container in a public place (including a public tip).
Penalty:  
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
(2)		A person is not guilty of an offence under subsection (1) if he or she adduces evidence that he or she took reasonable steps to prevent children gaining access to the relevant compartment and that evidence is not rebutted by the prosecution.
7B 								Placing advertising leaflets etc on motor vehicles
(1)		A person shall not place in or on a motor vehicle in a public place an unsolicited leaflet, handbill or other document publicising or promoting a product, service, event, cause or belief, or otherwise conveying a message or information.
Penalty:  10 penalty units.
(2)		Subsection (1) does not apply in relation to a document—
	(a)	placed in or on a motor vehicle in accordance with a law of the Territory; or
	(b)	containing a message—
	(i)	of a personal nature; and
	(ii)	directed only to the owner, or the driver or rider, of a particular motor vehicle.
(3)		A leaflet, handbill or other document placed in or on a motor vehicle in a public place shall be presumed to be unsolicited unless the contrary is proved.

8 	Appointment of inspectors and authorised officers
(1)		The Minister may appoint such inspectors as he or she considers necessary for the purposes of this Act.
(1A)		The Minister may, by instrument in writing, appoint such persons as he or she considers necessary to be authorised officers for the purposes of this Act.
(2)		The Minister shall issue to each person appointed under subsection (1) a certificate certifying that the person is an inspector for the purposes of this Act.
9 	Powers of inspectors
(1)		Where a member of the police force or an inspector has reason to believe that a person has committed an offence against this Act, upon the production of the certificate issued to him or her if he or she is an inspector he or she may require the person to furnish his or her name and usual address and to produce evidence of his or her identity.
(2)		A person shall not, without reasonable excuse—
	(a)	refuse or fail to furnish his or her name or address; or
	(c)	refuse to produce evidence of his or her identity.
(3)		A person shall not furnish a false name or address.
Penalty:  5 penalty units.
10 	First litter notices
(1)		Where a member of the police force or an inspector has reason to believe that a littering offence has been committed, he or she may serve a litter notice in accordance with section 10C.
(3)		A litter notice shall be in a form approved by the chief executive and shall—
	(a)	clearly show on its face the full name, or surname and initials, and address of the person on whom it is served; and
	(b)	clearly specify the nature of the alleged littering offence; and
	(c)	clearly specify the day, time and place of the alleged littering offence; and
	(d)	contain a notification to the person on whom it is served that—
	(i)	if the person pays the prescribed penalty for the alleged littering offence within 28 days after the date of the notice, 

no further action will be taken in respect of the alleged littering offence; and
	(ii)	if the person fails to pay the prescribed penalty for the alleged littering offence within 28 days after the date of the notice, he or she will incur a liability for the administrative charge in addition to the prescribed penalty; and
	(e)	clearly specify the place at which, and the manner in which, the prescribed penalty may be paid;
and may contain such other particulars (if any) as the chief executive considers necessary.
(4)		Nothing in this section shall be construed as requiring the serving of a notice under subsection (1).
10A 	Final litter notices
(1)		Where—
	(a)	a notice has been served on a person under section 10; and
	(b)	the person fails to pay the prescribed penalty for the alleged littering offence in accordance with the notice;
the chief executive or an authorised officer may serve on the person a notice in accordance with section 10C.
(2)		A notice under subsection (1) shall be in a form approved by the chief executive and shall contain a notification to the person on whom it is served that—
	(a)	the person has not paid the prescribed penalty for the alleged littering offence to which the notice relates; and
	(b)	if the person pays the sum of the prescribed penalty for the alleged littering offence and the administrative charge within 14 days after the date of the notice, no further action will be taken against the person in respect of the alleged littering offence; and
	(c)	if the person fails to pay the sum of the prescribed penalty for the alleged littering offence and the administrative charge within 14 days after the date of the notice, he or she may be prosecuted for the alleged littering offence;
and may contain such other particulars (if any) as the chief executive considers necessary.

(3)		Nothing in this section shall be construed as requiring the serving of a notice under subsection (1).
10B 	Withdrawal of litter notices
(1)		Where a notice has been served on a person under section 10 or 10A, the chief executive or an authorised officer may serve on that person a notice withdrawing the firstmentioned notice.
(2)		A notice under subsection (1) shall state—
	(a)	that a specified notice under section 10 or 10A is withdrawn; and
	(b)	that no further proceedings will be taken against the person on whom the specified notice was served, in respect of the alleged littering offence to which the specified notice relates.
10C 	Service of litter notices
(1)		A notice under section 10, 10A or 10B may be served on a person—
	(a)	by delivering the notice to the person personally;
	(b)	by sending the notice to the person by post addressed to the person at his or her last-known place of residence or business; or
	(c)	by leaving the notice at the last-known place of residence or business of the person with a person apparently over the age of 16 years and apparently resident or employed at that place.
(2)		Evidence of service of a notice under section 10, 10A or 10B may be given by affidavit.
10D 	Liability
(1)		This section applies—
	(a)	where a notice under section 10 has been served on a person and the prescribed penalty is paid in accordance with the notice before the expiration of the period of 28 days after the date of the notice; or
	(b)	where a notice under section 10A has been served on a person and the sum of the prescribed penalty and the administrative charge is paid in accordance with the notice before the expiration of the period of 14 days after the date of the notice.
(2)		Where this section applies—
	(a)	any liability of a person in respect of the alleged littering offence to which the notice relates shall be discharged; and

	(b)	no further proceedings shall be taken in respect of the alleged littering offence to which the notice relates; and
	(c)	no person shall be regarded as having been convicted of the alleged littering offence to which the notice relates.
(3)		Where a notice under section 10B has been served on a person, no further proceedings shall be taken against the person in respect of the alleged littering offence to which the withdrawn notice relates.
(4)		It is sufficient for the application of this section to a person on whom more than 1 notice under section 10 in respect of the same alleged littering offence has been served for that person to pay the prescribed penalty in accordance with any 1 of those notices.
(5)		It is sufficient for the application of this section to a person on whom more than 1 notice under section 10A in respect of the same alleged littering offence has been served for that person to pay the sum of the prescribed penalty and the administrative charge in accordance with any 1 of those notices.
(6)		Where the prescribed penalty or the sum of the prescribed penalty and the administrative charge is paid by cheque, payment shall be deemed not to be made unless and until the cheque is honoured upon presentation.
10E 	Option to prosecute
	Nothing in section 10 or 10A shall be construed as—
	(a)	affecting the liability of a person to be prosecuted in the court in respect of an alleged littering offence in relation to which a notice under section 10 or 10A has not been served; or
	(b)	prejudicing or affecting the institution or prosecution of proceedings in respect of an alleged littering offence; or
	(c)	limiting the amount of the fine that may be imposed by the court in respect of a littering offence.
11 	Court may order payment of costs of removal of litter
(1)		In a prosecution for an offence against this Act, the court may, in addition to any penalty it may impose, make an order that the person convicted of the offence pay to the Territory such sum as the court thinks just in respect of the expenses of removing the litter the subject of the offence.

(2)		Where the court makes an order under subsection (1), the order is enforceable in the same manner as if it were an order of the court made after the hearing of proceedings instituted by a claim under the Magistrates Court (Civil Jurisdiction) Act 1982.
11A 	Evidence
(1)		For the purposes of this Act a document that purports to have been signed by the chief executive or an authorised officer shall be taken to have been so signed unless the contrary is proved.
(2)		Where a notice is served under section 10 in respect of an alleged littering offence, a certificate signed by the chief executive or an authorised officer stating that the prescribed penalty was not paid in accordance with the notice within 28 days after the date of the notice is evidence of the matters so stated.
(3)		Where a notice is served under section 10A in respect of an alleged littering offence, a certificate signed by the chief executive or an authorised officer stating that the sum of the prescribed penalty and the administrative charge was not paid in accordance with the notice within 14 days after the date of the notice is evidence of the matters so stated.
11C 	Determined amount
(1)		The Minister may, by notice in writing published in the Gazette, determine an amount as the administrative charge for the purposes of this Act.
(2)		A determination under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
12 	Regulations
(1)		The Executive may make regulations, not inconsistent with this Act, prescribing matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)		Without limiting the generality of subsection (1), the regulations may prescribe penalties, not exceeding a fine of—
	(a)	if the offender is a natural person—10 penalty units; or
	(b)	if the offender is a body corporate—50 penalty units; 
for offences against the Act or the regulations.

ENDNOTES
1	About this republication
This is a republication of the Litter Act 1977 as in force on 29 March 2001.  It includes all amendments made to the Act up to Act 2001 No 11.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on the cover.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	About the republished Act
The Litter Act  1977 was originally the Litter Ordinance 1977.  It became an ACT Act on self-government (11 May 1989).
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4	Table of legislation
Part 1—Legislation before self-government
Ordinance†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Litter Ordinance 1977	1977 No 27	1 July 1977	1 July 1977		
Litter (Amendment) Ordinance 1979	1979 No 18	5 July 1979	5 July 1979	—	
Litter (Amendment) Ordinance 1985	1985 No 45	13 Sept 1985	13 Sept 1985	—	
Magistrates Court Ordinance 1985	1985 No 67	19 Dec 1985	1 Feb 1986 (see Gaz 1986 No  G3 
p 265)	—	
Magistrates Court (Amendment) Ordinance (No 3) 1986	1986 No 74	14 Nov 1986	14 Nov 1986	—	
Self-Government (Consequential Amendments) Ordinance 1989	1989 No 38	10 May 1989	ss 1 and 2:  10 May 1989
remainder:  11 May 1989 (see s 2 (2) and Gaz 1989 
No S164)
	—	
Part 2—Legislation after self-government
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Litter (Amendment) Act 1991	1991 No 121	10 Jan 1992	10 Jan 1992	—	
Litter (Amendment) Act 1993	1993 No 67	27 Sept 1993	27 Sept 1993	s 17	
Public Sector Management (Consequential and Transitional Provisions) Act 1994	1994 No 38	30 June 1994	ss 1 and 2:  30 June 1994
remainder:  1 July 1994 (see Gaz 1994 No S142 p 2)	ss 3, 5-12, 15 and 19	
Land (Planning and Environment) (Amendment) Act 1997	1997 No 7	22 Apr 1997	ss. 1-3:  22 Apr 1997
remainder:  24 June 1997 (see s 2 (2))	—	
Litter (Amendment) Act 1998	1998 No 49	16 Nov 1998	ss 1-4:  16 Nov 1998
remainder:   1 Jan 1999 (see Gaz 1998 No S213  p 2)	—	
Statute Law Revision (Penalties) Act 1998	1998 No 54	27 Nov 1998	ss 1 and 2:  27 Nov 1998
remainder:  9 Dec 1998 (see Gaz 1998 No 49 p 1078)	—	
Road Transport Legislation Amendment Act 1999	1999 No 79	23 Dec 1999	1 Mar 2000 (see s 2 and Gaz 2000 
No S5)	—	
Statute Law Amendment Act 2001
	2001 No 11	29 Mar 2001	29 Mar 2001	—	

5	Table of amendments

Provision	How affected†

s 2	am 1979 No 18; 1985 Nos 45 and 67; 1989 No 38; 1993 No 67; 1994 No 38; 1997 No 7; 1998 No 49; 1999 No 79 s 5 sch 3; 2001 No 11 amdts 1.3, 1.4
s 3	am 1991 No 121; 1993 No 67; 1998 No 54
s 3A	ins 1993 No 67
	sub 1997 No 7
	am 1998 No 54
s 4	am 1993 No 67; 1996 No 7; 1998 No 54
s 5 	am 1993 No 67; 1998 No 54
s 6	om 1993 No 67
s 7	am 1985 No 45; 1989 No 38
s 7A	ins 1985 No 45
	am 1993 No 67; 1998 No 54; 2001 No 11 amdt 1.5
s 7B	ins 1998 No 49
s 8	am 1979 No 18; 1993 No 67
s 9	am 1993 No 67; 1998 No 54
s 10	am 1979 No 18; 1989 No 38; 1993 No 67; 1994 No 38
ss 10A, 10B	ins 1993 No 67
	am 1994 No 38
ss 10C-10E	ins 1993 No 67
s 11	am 1986 No 74; 1989 No 38 
s 11A	ins 1993 No 67
	am 1994 No 38
s 11B	ins 1993 No 67
	om 1998 No 54
s 11C	ins 1993 No 67
s 12	am 1989 No 38; 1993 No 67; 1998 No 54

6	Table of earlier republications
Republication No	Amendments to	Republication date	
(1)	Act 1989 No 38	31 July 1991	
(2)	Act 1993 No 67	30 September 1993	
(3)	Act 1994 No 38	1 July 1996	
4	Act 1998 No 54	31 July 1999	
4A	Act 1998 No 54	31 July 1999	
4B	Act 1999 No 79	1 March 2000	

©  Australian Capital Territory 2001

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