Littering

It is an offence to drop litter. The Council is authorised to prosecute offenders and encourages residents to report offenders.

This page contains information about Council's local laws regarding littering. See our Illegal Dumping and Littering page for additional information, including how to report offenders, and legal rubbish disposal methods.


The Environment Protection Act 1970 states:

45E Deposit of litter generally

  1. A person must not deposit any litter unless
    1. The person deposits the litter in a place
      1. that is provided for the deposit of litter; and
      2. that is appropriate for litter of that size, shape, nature or volume; or
    2. The person deposits the litter in or on a place in such a way that it cannot leave the place without human assistance and the person
      1. owns, controls or is in possession of the place; or
      2. is acting with the express consent of the person who owns, controls or is in possession of the place; or
    3. The person is authorised to deposit the litter by or under an Act or a Commonwealth Act; or
    4. The deposit of the litter is an unavoidable consequence of a lawful activity; or
    5. The deposit is accidental and the person does everything that is reasonably possible to retrieve the litter.
  2. For the purposes of sub-section (1)(d), a consequence is unavoidable if there is no reasonably practicable way of avoiding it.

Penalty

First offence - 2 penalty units ($303.00)

Community Living Local Law No 1 states:

3.3 Public Place – Works and/or Usage

  1. A person must not, except with a permit:
    1. erect or construct any building, undertake any building work, or deposit any rubbish, refuse or obstacle on or in any public place;
    2. allow mud, clay, debris or material to be deposited on any part of a road or in any public place;

Penalty

First offence - 2 penalty units ($200.00)
Subsequent offence - 4 penalty units ($400.00)

The dumping of animal excrement, garden refuse, tree branches and lawn clippings is classed as littering.

If you have received a Caution Notice-Notice to Comply please ensure that you follow the compliance details and complete the required work by the specified date.  If you are unable to complete the works within the time specified please call the Issuing Officer as soon as possible before the date to discuss an extension.  Failure to comply may result in an infringement being issued.

If you have waste that needs to be disposed of you can take it to one of Council's Resource Recovery Centres.

For more information please contact the Local Laws Branch on (03) 5832 9741.