A conviction under the Local Nuisance and Litter Control Act 2016

LG Leader June 2018

On 8 May 2018 the Environment, Resources and Development Court determined to convict a man under the Local Nuisance and Litter Control Act 2016. This was the first conviction recorded by the Court under the Act since the Act commenced.

The man was charged under sections 22 and 26 of the Act. The provisions of section 22 provide that a person must not dispose of litter onto any land or into any waters. Section 26 of the Act provides for the liability of vehicle owners and states that if an activity carried on from a vehicle results in an offence under section 22 the owner of the vehicle is guilty of an offence and is liable.

In the matter before the Court the man disposed of a cigarette onto the road from a vehicle.

A witness observed the event and submitted a Citizen’s Notification to the EPA through the “Dob in a Litterer” campaign. The EPA issued the man with an expiation notice and the man requested the matter be heard in Court. The man ultimately plead guilty and was fined $300 by the Court plus a victims of crime levy of $160.

In this instance, the evidence relied upon was a Citizen’s Notification, provided to the EPA through the “Dob in a litterer” campaign which is accessible through a smartphone app and website. However, the Act also provides that a Citizen’s Notification can be provided to the relevant council. Where a council receives a Citizen’s Notification containing the details of an offence the council can use this as evidence in Court proceedings should the council prosecute the offender for an offence under the Act.