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©State of Queensland
QUEENSLAND
ACT 1971-197
[Reprinted as at 1 October, 19851
Litter Act 1971, No. 28
As amended by er Act Arnen~rnen~ Act 1978, No. 44
Commenced 27 July 1978 (Proc. pubd. Gaz. 29 July 1978, p. 1518).
An Act to Make Provision for the Abatement of Litter and for Other Purposes
[ASSENTED TO 22 APRIL, 1971.1 BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. Short title and CQrn~encern~nt. (1) This Act may be cited as the Litter Act 1971.
(2) The provisions of this Act, other than of this section, shall commence on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.
Collective title conferred by Act of 1978, No. 44, s. 1 (3).
Act (except s. 1) commenced I September 1971 (Proc. pubd. Gaz. 29 May 1971, p.
2. Inter~ret~tion. (l)*In this Act, save where the contrary appears- (a) in relation to any public place, a member of the Police
Force;
(b) in relation to a public place under control of a Local Authority, a person appointed by that Local Authority to be an authorized person for the purposes of this Act;
(c) in relation to a public place other than one referred to in the preceding paragraph (b), a person appointed by the person or authority having control of that place to be an
673).
“authorized person” means-
*Sic
2 s. 3 LITTER ACT 1971-1978 s. 4
authorized person in relation to that place for the p u ~ o s e s of this Act;
“litter” means any kind of rubbish, refuse or garbage, and any matter that, when on a public place, causes, c o n ~ b u t e s to or tends to the defacement or defilement of that place;
“Local Authority” means a Local Authority constituted under Council constituted under the City of
1969;
“public place” means a road de~icated to public use or open to use by the public whether upon payment of a toll or as of right and a place of public resort open to use
as of right;
the ~ o
~
Co
~~
~AGt~
1 9 3 ~ - ~ 9 7 ~~ n ~ ~ ~ t
“put” includes to throw and to deposit;
“vehicle” includes a carriage? cart, dray, wagon, truck, hand-cart, barrow, bicycle, t~cycle, motor cycle, motor car, motor omnibus, motor truck, motor utility truck, and a trailer attached to or drawn by a vehicle.
3. Pawers of a ~ t ~ o r i z e ~ persons. An autho person may- (a) req~ire a per so^ whom he finds c itting or whom he
reasonably suspects to be committi to have committe~
ed by section 9~ ( ve committed an this Act to state his full name and usual (b) by virtue of the authority o f this Act arrest a person who being r e ~ ~ ~ e d so to do, fails to state his full name and usual place of residence or who states a name or place of residence that the authorized person reasonably suspects to be false, and take him to a police station or watch-home there to be detained until his full name and usual place o f residence are ascertained.
As a ~ ~ n d ~ d by Act of 1978, No, 44, s. 4, As amended by Act of 1978, No. 44, s. 3.
3 ~ . Police may stop ides. Where a contravention of section 6 of this Act is committed that contravention consists of the putting or the dropping and le of litter on a public place from a vehicle a member of the Police Force may require the driver of the vehicle to stop the vehicle for the purpose of enforcing the provisions of this Act.
4. ~ ~ e n ~ f i ~ t ~ o ~ of ~ ~ t ~ o r i z ~ d p e ~ § o ~ ~ * Every authorized person other than a member of the Police Force shall be issued with an identity card by the person or authority that appointed him wherein shall be specified the name of the authorized person to whom it is issued and the fact that he is an authorized person for the purposes of this Act and, where he is appointed in relation to a p ~ i c u l ~ place, a refer en^^
to that place.
Inserted by Act of 1978, No. 44, s. 5.
6 . 5 LITTER ACT 1971-1978 s. 6 3
In the exercise of his powers a authorized person shall carry his circumstances r e ~ u i r e it, exhibit it fo An authorized person shall, appointment? s u ~ e n d e r his identity (a) in the case of an authe, A u ~ o ~ t y ? to that Auth (b) in the case of an autho
the person or a u t h o ~ t y to that person or authority.
or use insulting or abusive exercising any of his powers
Penalty: $200 or im pecuniary penal
(2) A person shall not fail to comply with a requisition directed to him under this Act by
re~uisition, give any i n f o ~ a t i o n th enalty: $100.
(3) A person shall not hinder or st an ~ u t h o ~ z e ~ person who s Act or is atte
is exercising any of his powers under do.
Penalty: $100.
.
(1) A person shall mot- (a) put litter, or cause litter to be (b) drop and leave litter, OF causeto be left on a public place, save under the authority of and in accor of the person or authority having control of th
(2) A person who con~raven~s any provis this section commits on offence against this
(a) the litter material to the charge consists of or in s or any other substanc~ likely to cause i
using the public place; or
(b) the court before which he is comvic~ed is of the quantity of litter ate^^ to the charge is and in any other case to a enalty of $266.
be put on (3) lit is a public place other than a defence to a cha e of a putting litter, or causing litter road to prove- to
(a) that the litter was put there as an incident in. the e m ~ o y ~ e n ~ of the public place as a place of public resort; and
4 5.9 LITTER ACT 1971 - 1978 s. 8
(b) that the litter was not left on the public place ( o t h e ~ s e than in a receptacle available for the purpose) longer than was reasonable for the purpose of that enjoyment.
(4) A person shall not break glass or cause glass to be broken in a ic place save under the authority of and in accordance with the re~uirements of the person or a u t ~ o ~ t y having control of that public place.
7.
~ e n ~ t y : $300.
er may be o r ~ e ~ e d to clean up. (1) A court before which a person is convicted of an o ~ e n c e against any provision of section 6 of this Act may, in addition to imposing a penalty as prescribed by that section order the offender-
) to clean up the litter material to the charge and to remove it from the public place concerned within the time appointed in the order to the satisfaction of the person specified in the order; and
fault of his complying with the order of the court or a dir~ction of the person so specified within the time nted, to pay a further penalty in such amount, not (2) In every order made pursuant to subsection (1) of this section e to whish the litter is to be removed to a place n~minated by the person o be cleaned up and removed,
~ u ~ s ~ a n t to subsection (1) of this section ction of the person specified that person pursuant to s ~ ~ s e c t i o n (1) of this section lied with to the salisfaction of the person specified a justice the c o ~ p l a i n t of that person, issue a summons requiring r in d e f a ~ ~ t to show cause before a ~ a ~ s t r a t e s Court constituted under The Justices Acts 1886 to 1968 or, where the offender has not attained the age of seventeen years, before a Childrens Court why the-furth~r pepally imposed by that order should not be enforced,
exceeding $200, as the Court thinks fit.
the court shall either specify a or direct that it is to be rem0 to whose satisfaction the litte
(3) When the order is complied with to the
shall give or send to the offender a written statement to that effect.
Upon the hearing of such summons the court-
(a) may extend the time for compliance with the order m pursuant to subsection (1) of this section whereupon precedin~ provisions of this section shall apply as if such extended time were the time appointed by the order;
nder may be or
(b) may make such order as it thinks fit.
1 of litter, A court before which a person is convicted of an offence against any provision of section 6 of this Act, or which upon a hearing of a summons to show cause issued pursuant to section 7 of this Act does not extend the time appointed as therein prescribed, may, in addition to imposing
s. 9 LITTER ACT 1971-1978 s. 9 5
a penalty, order the offender to pay (within a time appointed in the order) to the person or authority having control of the public place concerned such sum as it considers reasonable for the cleanin
removal of the litter material to the charge from that public place.
A certificate of the clerk of the court that includes the terms of an order made pursuant to this section may be filed in the registry of a court that has jurisdiction in an action for debt to the extent of the amount so ordered to be paid, or, as the case may be, of the amount remaining unpaid, and thereupon the order may be enforced as an order made by that court for payment to the person or authority name the order of a debt due and owing to him.
9. Penalties exacted y way of notice to o er, (1) When an authorized person finds person committing or who is deemed section 9~ (1) to have committed a contravention of any provision of section 6 of this Act and, having regard to the type and quantity of litter concerned, the place where the offence occurs, and the circumstances in which the offence occurs the authorized person believes that proceedings under this section are adequate he may, upon ascertaining the offender’s full name and usual place of residence give him the notice specified in this section.
(2) The notice-
(a) shall be identified by a serial number;
(b) shall identi@ the person to whom it is given by his finEl name and usual place of residence;
(6) shall state in general terms the offence which the person has been found committing or which the ~ ~ ~ S Q I I is deemed by section 9~ (1) to have committed;
(d) shall inform the person in genera1 terms that if he does not desire the matter to be determined in a court hearing he may complete the form attached to or appearing upon the notice and may forward or deliver that form together with a prescribed sum by way of penalty to the person named therein within the time appointed in the notice (which shall be not less that ten days from the date of the giving of the notice) whereupon he will not be liable to further penalty or costs in the matter;
(e) shall inform the person in general terms that he has the right to decline to proceed in the manner described in paragraph (d) of this subsection and to allow the matter to be determined in a court hearing-
(i) if he desires to contest the question whether the offence alleged was in fact committed; or
(ii) if he wishes to submit to the court matters in extenuation of penalty; or
6 s.9A ElTTBR ACT 197 1
-
1978 S. 9 A(iii) for any other reason,
in which event he need not reply or take further action in respect of the notice and that in such case court process will issue against him in due course;
a vehicle who ~ u r s ~ a n t to section 9~ ( of committed an oEence, inform him in
,
where the person is the ver or person in c r o v i ~ i o n ~ of s ~ c ~ o ~ 9~ (2).ant to subsectio~
in p a ~ a ~ a p ~ (d) pointed in the notice his section withi
as if the notice had not been given.
st him by way ofprosecut~on for the offence all not be competent but otherwise such a procee
As amended by Act of 1978, No. 44, s. 6.
re an of€ence against dropping and leaving he autho~zed officer unable to estab~sh who harge of the vehicle
ection (I), the driver or irtue of that subsection, be t later than ten days after r that offence he supplies rsuant to section to-
suant to section
e readily located, or, I name and address are not known to fyimg to the $ ~ ~ i s f a c ~ i o n of the inspector or, as the case may that he did not know or could not find ainst a person named in the a copy of the statement shall
s. 10 LITTER ACT 1971-1978 s.11 7
The endorsement of a copy of the shall be evidence of such service and
contrary shall be conclusive evidence of such service.
(4) Subject to su~section (31, the productio~
a statement supplied under subsectio~ (2) shall be stated therein and in the absence of evidence to conclusive evidence of such facts,
( 5 ) The provisions of subsection (1) y the driver or person in charge o f a vehicle may be proceeded for an offence against section 6 of this Act (which by subsecti he is deemed to have ) shall not prejudice or affect the liability of the person by offence was actually committed to be proceeded against and p u ~ s h e d therefor, save that where either of them has been punished for the offence by being convicted therefor or by paying pursuant to section 9 of this Act a prescribed sum of money by way of penalty, then the other of them shall cease to be subject to any liability under this Act in respect of the offence.
ment with an oath of service e absence of evidence to the
Inserted by Act of 1978, No. 44, s. 7.
for ofknces. (1) Prosecutions for oEen this ken by way of summary procee~ngs J ~ s t i c ~ s Acts 1886 to 1968 within the period of one year after is committed OF within six months after the c o ~ ~ i s s i o n of comes to the knowledge of the complainant, w ~ c h e v e r period later to expire.
a u t ~ Q ~ e d in that behalf by that person or authority.
es. A penalty recovered in respect of (a) where the proceedings for recovery of the penalty were instituted upon the resolution o f a Local Authority, into the general fund o f the Local Authority;
(b) where the proceedings for recovery of the penalty were instituted by a person or authority (other than a Local Authority) having control of the public place concerned or by a person authorized in that behalf by that person or authority, into the fund maintained by that person or an o
8 s.12 LITTER ACT 1971-1978 s. 14
authority for the purposes of that public place or for purposes that include those purposes;
for recovery o f the penalty were instituted by a me of the Police Force or where there is no fund to which payment may be made to
paragraph (b) of this section, into the Consolid of the State.
(c) where the proceedi
~ o v ~ ~ i o ~ s . (1) In procee ings for an oKence against (a) oral evidence by any person as to his app~intment
authorized person is sufficient evidence thereof;
purpo~ing to be an authority that person named therein to institute a prose oKence against this Act is
evidence to the c o ~ t r a ~ , c contained therein.
and, in the absence of evidence of the matters inst this Act a s ~ t e m e n t in (a) that a place referred to therein is a road or part o f a road ( 2 ) In proceedings for an o
the complaint---
dedicated to public use or open to use by the a place of public resort open to use by the right, or
(b) that a place referred to therein is un person or a u t h o ~ t y (including a Ix, therein, or
(c) that the complainan! is a member of the
is the Clerk of the Local A u t ~ o r i t ~ specified in the complaint, or
(d) that the ~efendant named ther~in has not p r o ~ e d e d manner described in paragraph (d) of s
section 9 o f this Act within the time appo
the control of
ven to him pursuant to that section,
is evidence and, in the absence of evidence to the contra^, ~ o ~ c ~ u s i v e evidence of the matters contained therein.
13. ~~t~~~~~ from l ~ & ~ ~ l ~ ~ . An authorized person shall not incur any liability on account of anything done for the purposes of this Act or done bona fide p ~ ~ o r t e d l y for the purposes of this Act.
.
~ e ~ ~ a ~ Q ~ s . (1) The Governor in Council may make regulations not in~nsistent with this Act prescribing all matters required or p e ~ i t t e d by this Act to be prescribed and all matters that, in the opinion of the Governor in Council, are necessary or convenient for the proper a ~ m i ~ ~ t r a t i o n of this Act or to achieve the objects and purposes o f this Act.A penalty prescribed in respect of any breach of the regulations shall not exceed $50.
s. 14 LITTER ACT 1971-1978 s.14 9
(2) Every regulation shall-
(a> be published in the Gazette;
(b) upon its pub~ication in the G a z e ~ ~ e , be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;
(e) take eEect from the date of its p ~ b l i ~ a t i o n in the Gazette unless a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date;
) be laid before the dative A s s e ~ b l y ~ t h i ~ 14 sittin days after its publi n in the Gazette if the Legislative Assembly is in session and if not then within 14 sitting days after the commencement of the next session.
(3) If the Legislative Assembl~ passes a resolution of which notice has been given at any time within 1 sitting days after any such regulation has been laid before it disallowi the same or any
re~ulation or, as the case may b such. part shall the
have effect but without prejudice to the validity of a ~ ~ h i n ~ done in the meantime or to the making of a further regulation.
By Authority: S . R. ~ A ~ P S O N , G o v e ~ m e n t Printer, Queensland
69852 (rIoc7)-
TO THE
Page
Act-
commencement . . . e v i d e u t i a ~ provisions . . .
proceedings for offences . . . short title . . . Authorized person-
~ d e n t i ~ ~ i i ~ n of . . . meaning of term . . . powers of-
generally . . . . . re offences re vkhicles . . . to exact penalties by way of notice to offender protection from tiability . . .
p om men cement of Act .
Evidentiary provisions
Governor in Council- may make Regulations
Liability-
protection from Litter-
meaning of term . . . offences re . . . . . .
offender may be odered to clean up . .
meaning of term Local Authority-
Meaning of terms-
a u t ~ o ~ ~ prso n . . .
litter . . . Lo@ Authokty . . . pnblrc place . . . put . . . vehicle . . .
c
. . . .
E
. . . .
. . .
L
. . .
. . . . . .
. . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
. . . . s . 1 (2) . . . .
. . . 12 . . It
. . . . 10 . . . .
. . . . I ( [ ) . . . .
. . . 4
. . . . 2 (1) . . . . 3 9 A . . . . . . 9 . . . . . . 13 . .
12
13
. . . .
. . . . . . .
2(1) . . . . 6 . . . . 7 . . . . 2 ( i ) 1
2(1) . . . . Z(1) . . . . 2 ( 1 ) . . . . 2 f l ) . . . . 2(1) . . . . 2 ( 1 ) . . . .
2 1
8
1
8
8
8
2 3 4
2
12 INDEX
Page
Offences-
proceedings for re execution of Act re littenng re vehicles
may be ordered to clean up
may be ordered to pay for removal of litter penalhes exacted by way of notice to Offender-
7 3 3 6 s 10
5 6 9A
I 8 9
4 4 5
Penalty-
appropnation of
exacted by way of notice to offender for offence, re execution of Act
further, for failure to obey order re cleaning up re breach of Regulations
re httenng
power of, to stop vehicles Police-
Proceedings for offences Pubtic place-
meaning of term Put-
meaning of term
1 1 9 . . 5 . .
I . ,
14 (1) . ,
6 (3, (4)
7 5 3 4 8 3, 4
3.4 10
2 ( I ) . . 2 ( 1 ) . ,
14 . . 14 ( 1 )
2 7 2 2
Regulations-
Governor in Council may make
penalties re breach of 8
B
Short title 1
Vehicle-
meaning of term Offences re Police may stop
2 6 2
. . . . . . . . .
By Authority: S. R. ~ A ~Government Printer, Q u e ~ ~ s l a n d ~ ~ N , 69852 (110~7)--8/’86
