Australian Capital Territory
Litter Act 1977     No 27
Republication No 5
Republication date: 13 December 2001
Last amendment made by Act 2001 No 44
Amendments incorporated to 12 September 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Litter Act 1977 as in force on 13 December 2001.  It includes any amendment, repeal or expiry affecting the republished law to 12 September 2001 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Litter Act 1977

Contents
	Page

	1	Short title	2
	2	Definitions for Act	2
	3	Littering generally	3
	3A	Depositing commercial waste or garden waste	4
	4	Transport of refuse etc	4
	5	Litter from commercial etc premises	4
	7	Application	4
	7A	Depositing or abandoning dangerous containers	5
	7B	Placing advertising leaflets etc on motor vehicles	5
	8	Appointment of inspectors and authorised officers	6
	9	Powers of inspectors	6
	10	First litter notices	6
	10A	Final litter notices	7
	10B	Withdrawal of litter notices	8
	10C	Service of litter notices	9
	10D	Liability	9
	10E	Option to prosecute	10
	11	Court may order payment of costs of removal of litter	10
	11A	Evidence	11
	12	Determination of fees	11
	13	Approved forms	12
	14	Regulation-making power	12
Endnotes
	1	About the endnotes	13
	2	Abbreviation key	13
	3	Legislation history	14
	4	Amendment history	16
	5	Earlier republications	18

Amendments incorporated to
12 September 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	Definitions for Act
In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
administrative charge means—
	(a)	the amount determined as the administrative charge by the Minister under section 12 (Determination of fees); or
	(b)	if the Minister has not determined such an amount—$25.
authorised officer means a person appointed under section 8 (2) 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 40L; and 
	(b)	has an opening of not less than 120mm 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 section 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 against 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 a road within the meaning of the Road Transport (Safety and Traffic Management) Act 1999, section 42 (Regulations about parking).
road related area means a road related area within the meaning of the Road Transport (Safety and Traffic Management) Act 1999 section 42.
3	Littering generally
A person shall not deposit litter in or on a public place.
Maximum penalty:
	(a)	if the litter is likely to cause injury to persons or damage to property—50 penalty units;
	(b)	in any other case—10 penalty units.
3A	Depositing commercial waste or garden waste
A person shall not deposit commercial waste or garden waste in or on a public place. 
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
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.
Maximum penalty:  50 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.
Maximum penalty:  50 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).
Maximum penalty:  50 penalty units.
	(2)		A person does not commit an offence against 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.
Maximum 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 this Act.
	(2)		The Minister may, by instrument in writing, appoint such persons as he or she considers necessary to be authorised officers for this Act.
	(3)		The Minister shall issue to each person appointed under subsection (1) a certificate certifying that the person is an inspector for 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.
Maximum 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.
	(2)		A litter notice must—
	(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.
Note	If a form is approved under s 13 (Approved forms) for a notice, the form must be used.
	(3)		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) must 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.
Note	If a form is approved under s 13 (Approved forms) for a notice, the form must be used.
	(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; or
	(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 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.
12	Determination of fees
	(1)	The Minister may, in writing, determine fees for this Act, including an administrative charge.
Note	The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
13	Approved forms
	(1)	The chief executive may, in writing, approve forms for this Act.
	(2)	If the chief executive approves a form for a particular purpose, the approved form must be used for that purpose.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
14	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may prescribe offences for contraventions of the regulations and prescribe maximum penalties for offences against this Act or the regulations of not more than 10 penalty units.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[10] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
o = order	SL  = Subordinate Law	
om = omitted/repealed	underlining = whole or part not commenced	

3	Legislation history
The Litter Act 1977 was originally the Litter Ordinance 1977.  It became an ACT Act on self-government (11 May 1989).
Before 11 May 1989, ordinances commenced on notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 25).
	Legislation before self-government
Litter Act 1977 No 27
notified 1 July 1977
commenced 1 July 1977
as amended by
Litter (Amendment) Ordinance 1979 No 18
notified 5 July 1979
commenced 5 July 1979
Litter (Amendment) Ordinance 1985 No 45
notified 13 September 1985
commenced 13 September 1985
Magistrates Court Ordinance 1985 No 67 sch pt 1
notified 19 December 1985
sch pt 1 commenced 1 February 1986 (Gaz 1986 No G3)
Magistrates Court (Amendment) Ordinance (No 3) 1986 No 74 s 91
notified 14 November 1986
14 November 1986
Self-Government (Consequential Amendments) Ordinance	1989 No 38	 sch 1
notified 10 May 1989
s 1, s 2 commenced 10 May 1989
sch 1 commenced 11 May 1989 (see s 2 (2) and Gaz 1989 No S164)
	Legislation after self-government
Litter (Amendment) Act 1991 No 121
notified 10 January 1992 (Gaz 1991 No S162)
10 January 1992
Litter (Amendment) Act 1993 No 67
notified 27 September 1993 (Gaz 1993 No S195)
27 September 1993 (s 2)
Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 54
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 54 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Land (Planning and Environment) (Amendment) Act 1997 No 7 s 11
notified 22 April 1997 (Gaz 1997 No S92)
ss 1-3 commenced 22 April 1997 (s 2 (1))
s 11 commenced 24 June 1997 (s 2 (2))
Litter (Amendment) Act 1998 No 49
notified 16 November 1998 (Gaz 1998 No S205)
ss 1-4 commenced 16 November 1998 (s 2 (1))
remainder (s 5) commenced 1 January 1999 (s 2 (2) and Gaz 1998 No S213)
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Road Transport Legislation Amendment Act 1999 No 79 sch 3
notified 23 December 1999 (Gaz 1999 No S65)
s 1, s 2 commenced 23 December 1999 (IA S10B)
sch 3 commenced 1 March 2000 (see s 2 and Gaz 2000 No S5)
Statute Law Amendment Act 2001 No 11 sch 1
notified 29 March 2001 (Gaz 2001 No 13)
commenced 29 March 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 227
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 227 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
4	Amendment history
Definitions for Act
s 2	def administrative charge ins 1993 No 67 s 4
	am 2001 No 44 amdt 1.2672
	def authorised officer ins 1979 No 18 s 3
	sub 1993 No 67 s 4
	def commercial waste ins 1993 No 67 s 4
	def court am 1985 No 67 sch pt 1
	def dangerous container ins 1985 No 45 s 3
	def Department om 1989 No 38 sch 1
	def garden waste ins 1997 No 7 s 11
	def inspector am 1979 No 18 s 3
	def littering offence sub 1993 No 67 s 4
	def public place sub 1998 No 49 s 4; 1999 No 79 sch 3; 2001 No 11 amdt 1.3
	def public street om 1998 No 49 s 4
	def public tip am 1994 No 38 sch 1 pt 54
	def road ins 2001 No 11 amdt 1.4
	def road related area ins 2001 No 11 amdt 1.4
	def Secretary om 1989 No 38 sch 1
Littering generally
s 3	am 1991 No 121 s 3; 1993 No 67 s 5; 1998 No 54 sch
Depositing commercial waste or garden waste
s 3A	ins 1993 No 67 s 6
	sub 1997 No 7 s 11
	am 1998 No 54 sch
Transport of refuse etc
s 4	am 1993 No 67 s 7; 1997 No 7 s 11; 1998 No 54 sch
Litter from commercial etc premises
s 5	am 1993 No 67 s 8; 1998 No 54 sch
Depositing of garbage
s 6	om 1993 No 67 s 9
Application
s 7	am 1985 No 45 s 4; 1989 No 38 sch 1
Depositing or abandoning dangerous containers
s 7A	ins 1985 No 45 s 5
	am 1993 No 67 s 10; 1998 No 54 sch; 2001 No 11 amdt 1.5
Placing advertising leaflets etc on motor vehicles
s 7B	ins 1998 No 49 s 5
Appointment of inspectors and authorised officers
s 8	am 1979 No 18 s 4; 1993 No 67 s 11; R5 LA
Powers of inspectors
s 9	am 1993 No 67 s 12; 1998 No 54 sch
First litter notices
s 10	am 1979 No 18 s 5; 1989 No 38 sch 1; 1993 No 67 s 13; 1994 No 38 sch 1 pt 54; 2001 No 44 amdts 1.2673-1.2675
Final litter notices
s 10A	ins 1993 No 67 s 14
	am 1994 No 38 sch 1 pt 54; 2001 No 44 amdt 1.2676, amdt 1. 2677
Withdrawal of litter notices
s 10B	ins 1993 No 67 s 14
	am 1994 No 38 sch 1 pt 54
Service of litter notices
s 10C	ins 1993 No 67 s 14
Liability
s 10D	ins 1993 No 67 s 14
Option to prosecute
s 10E	ins 1993 No 67 s 14
Court may order payment of costs of removal of litter
s 11	am 1986 No 74 s 91; 1989 No 38 sch 1
Evidence
s 11A	ins 1993 No 67 s 15
	am 1994 No 37 sch 1 pt 54
Corporations—penalties
s 11B	ins 1993 No 67 s 15
	om 1998 No 54 sch
Determined amount
s 11C	ins 1993 No 67 s 15
	om 2001 No 44 amdt 1.2678
Determination of fees
s 12	am 1989 No 38 sch 1; 1993 No 67 s 16; 1998 No 54 sch
	sub 2001 No 44 amdt 1.2678
Approved forms
s 13	ins 2001 No 44 amdt 1.2678
Regulation-making power
s 14	ins 2001 No 44 amdt 1.2678
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.

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 2001 No 11	29 March 2001	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2001