{"id":"litter-act-1972","name":"Litter Act 1972","slug":"litter-act-1972","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30294,"registerId":"nt-litter-act-1972-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Litter Act 1972","content":"NORTHERN TERRITORY OF AUSTRALIA\nLITTER ACT 1972\nAs in force at 1 February 2022\nTable of provisions\n1 Short Title ........................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Application ....................................................................................... 2\n5 Officers ............................................................................................ 3\n6 Litter ................................................................................................ 3\n7 Dead animals on street, &c. ............................................................ 4\n8 Owner-onus ..................................................................................... 4\n9 Copy of statutory declaration to be served with summons .............. 7\n9A Notices ............................................................................................ 7\n10 Cost of clean up ............................................................................ 10\n11 Powers of officers .......................................................................... 10\n11A Prosecution ................................................................................... 10\n12 Proof of proclamation, &c., of public place not necessary ............. 11\n13 Delegation ..................................................................................... 11\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 February 2022\n____________________\nLITTER ACT 1972\nAn Act relating to litter\n1 Short Title\nThis Act may be cited as the Litter Act 1972.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Definitions\nIn this Act:\nauthorized receptacle means a rubbish receptacle that the\nMinister causes to be provided for the disposal of rubbish or a bin\nor container provided by a person for the purpose of a rubbish\ncollection authorized by the Minister.\nboat includes a launch, yacht, canoe, raft, pontoon and any thing\ncapable of carrying persons or goods through or on water.\nCEO, of a local government council, see section 7 of the Local\nGovernment Act 2019.\nlitter means litter, garbage, rubbish, refuse or waste matter, and\nincludes the body of a dead animal.\nofficer means a person who is:\n(a) a member of the Police Force; or\n(b) employed by one of the following entities for the purpose of\nenforcing by-laws made by the entity:\n(i) Parks and Wildlife Commission of the Northern Territory;\n(iii) a local government council; or\n\nLitter Act 1972 2\n(c) an authorised officer under the Public and Environmental\nHealth Act 2011; or\n(d) a person appointed under section 5.\npublic place means:\n(a) a street, road or lane, whether a thoroughfare or not, being a\nstreet, road or lane that is open to or used by the public, and\nincludes a footpath, bridge, court, entrance, drive-way, verge,\nnature strip, traffic island and gutter of such a street, road or\nlane;\n(b) a park, reserve, recreational or sporting ground, beach or\nother open place, being a park, reserve, ground, beach or\nplace that is open to or used by the public, but does not\ninclude a place approved by the Chief Health Officer for the\ndisposal of rubbish; or\n(c) water in, and off the coast of, the Northern Territory that is\nopen to or used by the public.\nregistered owner, in relation to a motor vehicle or boat, means the\nperson in whose name the motor vehicle or boat is registered under\na law of the Northern Territory relating to motor vehicles or boats.\nvacant Crown land means Crown land, as defined in the Crown\nLands Act 1992:\n(a) in which no person (other than the Crown in right of the\nTerritory) has an estate or interest; or\n(b) if a person (other than the Crown in right of the Territory) has\nan estate or interest in the land it is only an interest under a\nlicence or an estate or interest under a law in force in the\nTerritory relating to the exploration for, or mining or extraction\nof, minerals, petroleum or gas,\nbeing land of which there is apparently no person having the\nimmediate care and control and which is not:\n(c) a public place; or\n(d) a place approved by the Chief Health Officer for the disposal\nof rubbish.\n4 Application\n(1) Except as provided by this section, this Act does not apply in a local\ngovernment area or to freehold land or to land held under a lease.\n\nLitter Act 1972 3\n(2) The Minister may, by Gazette notice, on consideration of a request\nin writing so to do made:\n(a) by a local government council in respect of the council's local\ngovernment area; or\n(b) by the owner of freehold land, or lessee of land held under a\nlease, in respect of that land,\nextend the application of this Act to all, or such part as is specified\nin the notices, of that local government area or land.\n(3) This Act applies to and in relation to all vacant Crown land whether\nor not it is in a local government area.\n5 Officers\n(1) The Minister may appoint a person to be an officer for the purposes\nof this Act.\n(2) The Minister shall issue to an officer appointed under this Act a\ncertificate stating that he is such an officer.\n(3) No officer appointed under this section shall be empowered to\nissue notices under section 9A unless, on appointment by the\nMinister, he is specifically authorized so to do.\n6 Litter\n(1) Subject to this section, a person shall not leave, throw, deposit or\nabandon litter in, onto or from a public place or vacant Crown land\nelsewhere than into an authorized receptacle.\nMaximum penalty: 15 penalty units.\n(2) It is not an offence against subsection (1) if:\n(a) the litter was left in the public place or vacant Crown land,\nelsewhere than in an authorized receptacle, to be collected in\npursuance of a service for the collection of garbage\nauthorized by the Minister; or\n(b) a public entertainment or spectacle was, at the time, being\nheld in the public place.\n\nLitter Act 1972 4\n(3) It is a defence to a prosecution for an offence against this section if\nthe defendant satisfies the court that:\n(a) the litter was in the public place or vacant Crown land as the\nresult of an accident and that, by reason of injury to himself or\nother reasonable cause, he was prevented from cleaning up\nthe litter; or\n(b) it was not practicable to dispose of the litter in an authorized\nreceptacle or in a place approved by the Chief Health Officer\nfor the disposal of rubbish and the litter was disposed of by\nthe defendant in such a manner as to be unlikely to cause\nannoyance or a nuisance to other persons.\n(4) The maximum penalty for an offence against this section is\n15 penalty units but, where a person is found guilty of an offence\nagainst this section and the litter left, thrown, deposited or\nabandoned was, in the opinion of the court, liable to cause injury to,\nor danger to the health of, a person using the public place or vacant\nCrown land or damage to property, the court may impose a\nmaximum penalty of 25 penalty units for the offence.\n7 Dead animals on street, &c.\n(1) A person who, in a public place or vacant Crown land, causes the\ndeath of or injury to an animal so that it cannot remove itself shall\nforthwith remove the body of the animal or the animal, as the case\nmay be, from any part of the public place or vacant Crown land that\nis used by vehicular or pedestrian traffic.\nMaximum penalty: 4 penalty units.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant satisfies the court that it was not\npracticable for him to remove the body of the animal or the animal,\nas the case may be, from where it was and he gave notice of the\noccurrence to a member of the Police Force as soon as practicable\nafter the occurrence.\n8 Owner-onus\n(1) Subject to this section, where a person in or on a motor vehicle or\nboat registered under a law of the Territory relating to motor\nvehicles or boats commits an offence against this Act, the\nregistered owner of the motor vehicle or boat at the time of the\nalleged offence or, if the registered owner was not, at that time, the\ndriver of the motor vehicle or boat, the person who was the driver\nshall be deemed to have committed the offence.\n\nLitter Act 1972 5\n(2) In a prosecution for an offence against this Act:\n(a) a document purporting to be issued by the Registrar of Motor\nVehicles bearing his written, stamped or printed signature and\nstating that during a specified period, or on a specified date, a\nperson named in the document was the registered owner of a\nspecified motor vehicle is evidence of the matters stated in\nthe document without proof of the signature; and\n(b) a document purporting to be issued by a boat registration\nauthority stating that during a specified period, or on a\nspecified date, a person named in the document was the\nregistered owner of a specified boat is evidence of the matters\nstated in the document without proof of the signature.\n(3) Nothing in this section affects the liability of an actual offender\nother than the registered owner or driver of a motor vehicle or boat,\nbut the owner and driver shall not be liable for the same offence\nagainst this Act if the actual offender is found guilty for that offence.\n(4) The owner of a motor vehicle or boat shall not be deemed to have\ncommitted an offence against this Act if the motor vehicle or boat\nwas, at the time of the alleged offence, stolen or illegally taken or\nused.\n(5) An officer may serve, by post or otherwise, on the registered owner\nof a motor vehicle or boat a notice in writing in accordance with this\nsection.\n(6) A notice under subsection (5) shall:\n(a) identify the motor vehicle or boat by the number-plate affixed\nto it or by its registration markings;\n(b) state in general terms the nature, time, date and place of the\nalleged offence; and\n(c) contain a notification that the registered owner may make a\nstatutory declaration as provided by subsection (7).\n(7) The registered owner or driver of a motor vehicle or boat shall not,\nunless the contrary is proved, be deemed to have committed an\noffence against this Act if, within 14 days after service of the notice\nreferred to in subsection (6) or of the summons in respect of the\nalleged offence, he furnishes to a person, if any, specified in the\nnotice, or, in any other case, to the Commissioner of Police, a\nstatutory declaration made by him stating:\n(a) that it is made for the purposes of this section; and\n\nLitter Act 1972 6\n(b) that he was not the person who actually committed the\noffence, and the name and address of the person who\nactually committed the offence or was the driver of the motor\nvehicle or boat at the time of the alleged offence.\n(8) Where the registered owner of a motor vehicle or boat is a body\ncorporate, the body corporate shall not, unless the contrary is\nproved, be deemed to have committed an offence against this Act\nif, within 14 days after service of the notice referred to in\nsubsection (6) or of the summons in respect of the alleged offence,\na director, manager or secretary of the body corporate furnishes to\na person, if any, specified in the notice, or, in any other case, to the\nCommissioner of Police, a statutory declaration made by him\nstating:\n(a) that it is made for the purposes of this section;\n(b) that the motor vehicle or boat was not being used for the\npurposes of the body corporate at the time of the alleged\noffence; and\n(c) the name and address of the person who was the driver of the\nmotor vehicle or boat at that time or actually committed the\noffence.\n(9) At the hearing of a prosecution for an offence against this Act\nagainst the registered owner of a motor vehicle or boat, the court\nshall dismiss the charge if it is satisfied (whether on a statutory\ndeclaration or otherwise) that the registered owner was not the\nperson who actually committed the offence.\n(10) At the hearing of a prosecution for an offence against this Act\nagainst the driver of a motor vehicle or boat, the court shall dismiss\nthe charge if it is satisfied that the driver was not the person who\nactually committed the offence.\n(11) In this section:\nboat registration authority means:\n(a) the Registrar, or a Deputy Registrar, as defined in section 3(1)\nof the Shipping Registration Act 1981 (Cth); or\n(b) the Director as defined in section 4(1) of the Fisheries\nAct 1988; or\n(c) a prescribed person.\n\nLitter Act 1972 7\n9 Copy of statutory declaration to be served with summons\n(1) Where a person named in a statutory declaration made and given\nunder section 8 in respect of an alleged offence against this Act is\ncharged with the offence, the person shall not be found guilty of the\noffence unless a copy of the statutory declaration is affixed to the\nsummons for the alleged offence at the time it was served on him.\n(2) A statutory declaration duly made and given under section 8 in\nrespect of an alleged offence against this Act and so served on a\nperson named in the statutory declaration as the driver of a motor\nvehicle or as the actual offender is admissible in evidence in a\nprosecution in respect of that alleged offence against that person\nand is evidence that he was the driver of the motor vehicle or the\nactual offender, as the case may be.\n9A Notices\n(1) Where an officer has reason to believe that an offence has been\ncommitted against section 6, he may serve or cause to be served a\nnotice in accordance with this section.\n(2) A notice under subsection (1) may be served:\n(a) by handing the notice personally to the person who appears to\nhave committed the offence; or\n(b) in a case where section 8(1) applies:\n(i) by handing it personally to the driver of the motor vehicle\nor boat;\n(ii) by securely placing or affixing the notice upon the motor\nvehicle or boat in a conspicuous position;\n(iii) by handing the notice personally to the owner of the\nmotor vehicle or boat or by leaving it at his last-known\nplace of residence or business with a person apparently\nover the age of 16 years and apparently an occupant of\nor employed at that place;\n(iv) by sending it by prepaid post to the owner of the motor\nvehicle or boat addressed to him:\n(A) at his last-known place of residence or business; or\n(B) in the case of the owner of a motor vehicle or boat\nregistered under a law of a State or of the\nAustralian Capital Territory – at the latest address\nof the owner in the record of registration of the\n\nLitter Act 1972 8\nmotor vehicle or boat; or\n(v) where the owner of a motor vehicle or boat has\nfurnished a statutory declaration in accordance with\nsection 8(7) – by handing the notice personally to, or by\nsending it by prepaid post addressed to, the person\nwhose name is specified in the statutory declaration as\nbeing in charge of the motor vehicle or boat at the time\nof the alleged offence or by leaving it at the last-known\nplace of residence or business with a person apparently\nover the age of 16 years and apparently an occupant of\nor employed at that place.\n(3) A notice under this section shall:\n(a) clearly specify the date, time and place of the alleged offence;\n(b) if it is served:\n(i) by being placed upon or affixed to a motor vehicle or\nboat – be addressed to \"the owner\" of the motor vehicle\nor boat without further description of the owner; and\n(ii) in any other manner clearly show on its face the full\nname, or surname and initials, and the address of the\nperson on whom it is served;\n(c) clearly indicate the nature of the offence;\n(d) contain an indication to the person on whom it is served that,\nif he does not wish the matter to be dealt with by the Court, he\nmay make a signed statement to that effect in the manner\nspecified in the notice and pay the amount of the prescribed\npenalty within the period of 14 days after the date of the\nnotice;\n(e) clearly specify the place at which, and the manner in which,\nthe amount of the prescribed penalty may be so paid; and\n(f) contain such other particulars, if any, as the Minister\nconsiders necessary.\n(4) Where a notice under this section has been served and, before the\nexpiration of the specified period of 14 days or, where the person in\nauthority so allows, at any time before the service of a summons in\nrespect of the alleged offence, the amount of the prescribed\npenalty is paid in accordance with the notice and a statement,\nsigned by the person on whom the notice was served or by the\nowner of the motor vehicle, to the effect that he does not wish the\nmatter to be dealt with by a court is received by the person in\n\nLitter Act 1972 9\nauthority:\n(a) the liability of a person in respect of the alleged offence shall\nbe deemed to be discharged;\n(b) no further proceedings shall be taken in respect of the alleged\noffence; and\n(c) no person shall be regarded as having been found guilty for\nthe alleged offence.\n(5) Nothing in this section:\n(a) prevents the service of more than one notice in respect of the\nsame offence, but it is sufficient for the application of\nsubsection (4) to a person on whom more than one such\nnotice has been served for that person to pay the amount of\nthe prescribed penalty and to make the statement referred to\nin that subsection in accordance with any notice so served on\nhim;\n(b) prevents or affects (except as provided by subsection (4)) the\ninstitution of prosecution or proceedings in respect of an\nalleged offence or limits the amount of the fine that may be\nimposed by a court in respect of an offence under this Act; or\n(c) shall be construed:\n(i) as requiring the serving of a notice before a person is\nprosecuted under this Act; or\n(ii) as affecting the liability of a person to be prosecuted in a\ncourt in respect of an alleged offence in relation to which\na notice has not been served.\n(6) Where the amount of the prescribed penalty in respect of an\noffence is paid by cheque, payment is to be deemed not to be\nmade unless and until the cheque is cleared upon presentation.\n(7) For the purposes of this section, the prescribed penalty for an\noffence is $50.\n(8) All moneys paid pursuant to the issue and service of a notice under\nthis section shall:\n(a) if the notice is issued by an officer employed by the Parks and\nWildlife Commission of the Northern Territory in respect of an\noffence which occurs in or on an area under the control of that\nCommission – belong to that Commission; and\n\nLitter Act 1972 10\n(c) if the notice is issued by an officer employed by a local\ngovernment council in respect of an offence which occurs in\nor on the council's local government area – belong to that\ncouncil.\n(9) For the purpose of subsection (4), the person in authority is the\nperson named in the notice as being the person in authority.\n10 Cost of clean up\nWhere a person is found guilty of an offence against this Act, the\ncourt, in addition to any other penalty, may order the person found\nguilty to pay the reasonable costs of cleaning up the litter with\nwhich the offence was committed.\n11 Powers of officers\n(1) An officer, on production of a certificate under section 5 or other\nevidence that he is an officer within the meaning of this Act, may\nrequire a person who, he reasonably believes, has committed an\noffence against this Act to give his full name and address to the\nofficer.\n(2) A person shall not obstruct, hinder or molest an officer in the\nexercise of his powers under this Act.\nMaximum penalty: 4 penalty units.\n(3) A person who, when required to do so by an officer, without\nreasonable cause, refuses to give his full name and address to the\nofficer or states a false name or address to the officer is guilty of an\noffence punishable upon being found guilty by maximum penalty of\n4 penalty units.\n11A Prosecution\n(1) Proceedings for an offence against this Act committed in a local\ngovernment area shall not be commenced except by the CEO or a\nperson authorized in writing by the CEO for that purpose.\n(2) Subsection (1) does not apply to or in relation to:\n(a) vacant Crown Land; or\n(b) an area vested in, or under the control of, the Parks and\nWildlife Commission of the Northern Territory,\nsituated within a local government area.\n\nLitter Act 1972 11\n(3) A document purporting to be signed by the CEO of a local\ngovernment council and to authorize a person named in it to\ncommence a prosecution under this Act is evidence of the person's\nauthority to commence a prosecution for an offence committed in\nthe council's local government area.\n12 Proof of proclamation, &c., of public place not necessary\n(1) In a prosecution for an offence against this Act instituted by an\nofficer, it is not necessary to prove the proclamation, reservation or\ndedication of the public place, or the alignments or measurements\nof a public place or vacant Crown land, in or on which the offence is\nalleged to have occurred.\n(2) In a prosecution for an offence against this Act in relation to vacant\nCrown land, an allegation in the complaint instituting the proceeding\nthat the land is vacant Crown land is prima facie evidence that\nthere was apparently no person having the immediate care and\ncontrol of the Crown land at the relevant time.\n13 Delegation\n(1) The Minister may delegate to a person, or the holder from time to\ntime of a particular designation, position or office, any of the\nMinister's powers and functions under this Act, other than this\npower of delegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, is taken to have been exercised or\nperformed by the Minister.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Minister.\n\nENDNOTES\nLitter Act 1972 12\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLitter Ordinance 1972 (Act No. 36, 1972)\nAssent date 31 July 1972\nCommenced 30 August 1972 (Gaz No. 35, 30 August 1972)\nLitter Ordinance (No. 2) 1972 (Act No. 70, 1972)\nAssent date 5 December 1972\nCommenced 5 December 1972\nLitter Ordinance 1973 (Act No. 60, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973 (s 12(2))\nAmending Legislation\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 August 1974\nCommenced 11 December 1973 (s 3(2))\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 October 1974\nCommenced 11 December 1973 (s 3)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2));\nss 3 and 4: 11 December 1973; s 5: 24 October 1974\n\nENDNOTES\nLitter Act 1972 13\nLitter Ordinance 1975 (Act No. 29, 1975)\nAssent date 7 November 1975\nCommenced 7 November 1975\nLitter Ordinance 1976 (Act No. 51, 1976)\nAssent date 12 November 1976\nCommenced 17 December 1976 (Gaz No. 51, 17 December 1976, p 1497)\nTransfer of Powers (Further Provisions) Ordinance 1977 (Act No. 51, 1977)\nAssent date 9 December 1977\nCommenced 1 January 1978 (s 6)\nTransfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978)\nAssent date 1 July 1978\nCommenced 1 July 1978 (s 8)\nTransfer of Powers (Health) Act 1978 (Act No. 122, 1978)\nAssent date 21 December 1978\nCommenced 1 January 1979 (s 3)\nLitter Amendment Act 1990 (Act No. 20, 1990)\nAssent date 20 June 1990\nCommenced 22 June 1990 (Gaz S37, 22 June 1990)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; Remainder: 1 July 1996 (s 2, s 2\nSentencing Act 1995 (Act No. 39, 1995) and Gaz S15,\n13 June 1996)\nStatute Law Revision Act 1997 (Act No. 17, 1997)\nAssent date 11 April 1997\nCommenced 1 May 1997 (Gaz G17, 30 April 1997, p 2)\nStatute Law Revision Act (No. 2) 1998 (Act No. 92, 1998)\nAssent date 11 December 1998\nCommenced s 25: 20 September 1999 (s 2(1), s 2 Darwin Port Authority\nAmendment Act 1998 (Act No. 80, 1998) and Gaz S37,\n1 September 1999)\nLocal Government Act (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 3 June 2011)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\n\nENDNOTES\nLitter Act 1972 14\nLocal Government Amendment Act 2013 (Act No. 28, 2013)\nAssent date 8 November 2013\nCommenced 8 November 2013\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nPorts Management (Repeals and Related Consequential Amendments) Act 2015 (Act\nNo. 12, 2015)\nAssent date 22 May 2015\nCommenced pt 4 (other than ss 52 and 54 to 56): 9 June 2015; ss 52 and\n54 to 56: nc (Act rep by Act No. 20, 2020, before comm);\nrem: 1 July 2015 (Gaz S57, 9 June 2015, p 2)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nEnvironment Legislation Amendment Act 2021 (Act No. 22, 2021)\nAssent date 18 November 2021\nCommenced pt 7: 31 March 2022; rem: 1 February 2022 (Gaz G51,\n22 December 2021, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Ordinances Revision\nOrdinance 1973 (Act No. 87, 1973) (as amended) to the following provisions:\nss 3, 6, 7, 8, 9 and 11.\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3 and 8.\n\nENDNOTES\nLitter Act 1972 15\n5 LIST OF AMENDMENTS\nlt amd No. 20, 1990, s 10\nss 1 – 2 amd No. 20, 1990, s 10\ns 3 amd No. 70, 1972, s 3; No. 29, 1975, s 3; No. 51, 1976, s 4; No. 51, 1977,\ns 3; No. 54, 1978, s 3; No. 122, 1978, s 52; No. 20, 1990, ss 4 and 10;\nNo. 17, 1997, s 17; No. 92, 1998, s 25(1); No. 28, 2008, s 3; No. 25, 2009,\ns 10; No. 7, 2011, s 140; No. 28, 2013, s 61; No. 19, 2014, s 26; No. 12,\n2015, s 4; No. 39, 2019, s 370\ns 4 amd No. 60, 1973, s 3; No. 29, 1975, s 4; No. 51, 1977, s 3; No. 54, 1978,\ns 3; No. 20, 1990, ss 5 and 10; No. 19, 2014, s 26; No. 4, 2017, s 34\ns 5 amd No. 51, 1976, s 5; No. 51, 1977, s 3; No. 54, 1978, s 3; No. 20, 1990,\ns 10\ns 6 amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 20, 1990, ss 6 and 10; No. 17,\n1996, s 6; No. 17, 1997, s 17; No. 23, 2013, s 12\ns 7 amd No. 20, 1990, ss 7 and 10; No. 23, 2013, s 12\ns 8 amd No. 20, 1990, s 10; No. 17, 1996, s 6; No. 12, 2015, s 5\ns 9 amd No. 20, 1990, s 10\ns 9A ins No. 51, 1976, s 6\namd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 20, 1990, s 10; No. 17, 1996,\ns 6; No. 92, 1998, s 25(1); No. 25, 2009, s 10; No. 19, 2014, s 26; No. 12,\n2015, s 6\ns 10 amd No. 20, 1990, s 10; No. 17, 1996, s 6\ns 11 amd No. 20, 1990, s 10; No. 17, 1996, s 6; No. 23, 2013, s 12\ns 11A ins No. 51, 1976, s 7\nsub No. 20, 1990, s 8\namd No. 28, 2008, s 3; No. 25, 2009, s 10; No. 19, 2014, s 26; No. 12, 2015,\ns 7\ns 12 amd No. 20, 1990, ss 9 and 10\ns 13 ins No. 22, 2021, s 20","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act remains focused on controlling litter in public places and on vacant Crown land; its core purpose has not shifted. Amendments over time have been largely procedural and enforcement‑oriented — adding an infringement notice system, clarifying who may prosecute in council areas, formalising owner‑onus procedures, and updating definitions and enforcement roles. Those changes expand the administrative and enforcement toolkit but do not materially alter the Act’s substantive scope (it still targets litter and related conduct). The Minister’s continuing power to extend the Act’s application by Gazette (s 4) and the addition of specific agency revenue and prosecution rules are administrative extensions rather than a change of underlying purpose."},"complexity_factors":["Multiple defined terms in s 3 with operational significance (e.g. \"public place\", \"vacant Crown land\", \"authorized receptacle\", \"registered owner\").","Owner‑onus regime with a 14‑day statutory declaration process and evidentiary rules (s 8, s 9).","Infringement/notice scheme containing detailed service methods, prescribed‑penalty mechanics and revenue allocation (s 9A).","Conditional penalty structure (standard penalty, higher penalty for hazardous litter; court‑ordered cleanup costs) (s 6, s 10).","Cross‑references to other statutes and external registries (Local Government Act, Public and Environmental Health Act, Shipping Registration Act and Fisheries Act) (ss 3, 8, 11A).","Delegation and agency gatekeeping for prosecutions in local government areas (s 11A, s 13).","Multiple exceptions and defences (collection services, public events, accident, impracticability) creating conditional logic (s 6(2)–(3)).","Procedural evidentiary simplifications for officer‑instituted prosecutions (s 12)."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Creates an offence of leaving, throwing, depositing or abandoning litter in a public place or on vacant Crown land except into an \"authorized receptacle\" (s 6). The basic maximum penalty is 15 penalty units; the court may increase that to 25 penalty units where the litter is liable to cause injury, health danger or property damage (s 6(4)).\n\n- Provides a specific duty to remove a dead or injured animal caused by you from parts of a public place or vacant Crown land used by traffic, with a small penalty for non-compliance (s 7).\n\n- Sets an \"owner-onus\" rule for litter thrown from registered motor vehicles or boats: the registered owner is presumed to have committed the offence unless the owner or driver satisfies the statutory process (s 8). The owner or driver can rebut the presumption by lodging a statutory declaration within 14 days naming the actual offender or driver (s 8(7)–(9)). Documents from the vehicle/boat registry are admissible evidence of registration (s 8(2)).\n\n- Authorises officers (police, specified agency employees, authorised public-health officers, or persons appointed by the Minister) to enforce the Act; the Minister issues certificates of appointment and may specifically authorize some officers to issue infringement notices (s 3, s 5) . Officers can require a person’s name and address and may take enforcement steps; obstructing an officer is an offence (s 11).\n\n- Provides an infringement-notice (on-the-spot/notice) scheme for litter offences: an officer who reasonably believes an offence has occurred may serve a notice (various service methods are listed) that sets out the alleged offence, how to pay a prescribed penalty ($50), and the 14‑day period to elect to pay and avoid court (s 9A). Payment within that period discharges the liability and prevents court proceedings (s 9A(4), (7)). Money from notices issued by Parks and Wildlife or local councils belongs to those agencies (s 9A(8)).\n\n- Allows courts, where a person is convicted, to order the person to pay reasonable costs of cleaning up the litter in addition to fines (s 10).\n\n- Limits who may commence prosecutions in local government areas: prosecutions there must be commenced by the council CEO or a person the CEO authorises (s 11A). This limitation does not apply to vacant Crown land or areas under Parks & Wildlife control (s 11A(2)).\n\n- Contains procedural simplifications: when an officer prosecutes it is not necessary to prove formal proclamation or measurements of the public place (s 12), and the Act contains delegation rules for the Minister’s powers (s 13).\n\n- Defines key terms (e.g. \"public place\", \"vacant Crown land\", \"registered owner\", \"authorized receptacle\") and sets where the Act applies. By default it does not apply within a local government area or to freehold/leased land unless the Minister extends application by Gazette notice (s 4); it automatically applies to all vacant Crown land (s 4(3)). (See s 3 and s 4.)\n\n**What the law affects and who decides**\n\n- Individuals who drop or dispose of litter in public places or on vacant Crown land (s 6). Vehicle and boat owners are specifically affected by the owner-onus provisions (s 8).\n\n- Officers appointed or authorised under the Act (police, certain agency employees, authorised public‑health officers, and Minister-appointed officers) enforce the law and may issue notices where authorised (s 3, s 5, s 9A).\n\n- Local government councils and the Parks and Wildlife Commission are operationally affected: they can receive infringement‑notice revenue for offences in their areas (s 9A(8)), and council CEOs control who may start prosecutions in the council area (s 11A).\n\n- The Minister has discretion to extend the Act to local government areas or private land by Gazette notice (s 4), to appoint officers (s 5) and to delegate most of the Minister’s powers (s 13).\n\n**Why it matters (stated purpose and practical trade-offs)**\n\n- The Act’s explicit purpose (to control litter) is implemented by making littering an offence with both court penalties and a low‑value infringement option designed to resolve matters quickly (s 6; s 9A). The owner‑onus mechanism shifts initial legal responsibility for litter from the unknown person to the registered owner of a vehicle or boat, while allowing a prompt statutory procedure to identify the actual offender (s 8). The Act also seeks administrative efficiency by allowing officers to issue notices and by simplifying evidentiary requirements in officer-led prosecutions (s 9A; s 12).\n\n- Costs and incentives: the $50 prescribed penalty (s 9A(7)) creates a low-cost, low-friction compliance path for alleged offenders to avoid court. Courts still retain larger penalties and the ability to order clean-up costs (s 6; s 10). The owner-onus imposes an administrative and compliance cost on registered owners (they must respond or risk being treated as the offender) and creates an incentive for owners to identify drivers quickly via statutory declaration (s 8). Councils and Parks & Wildlife receive infringement revenue where they issue notices (s 9A(8)), creating an operational incentive for those bodies to enforce within their areas.\n\n- Trade-offs and implementation risks: the scheme depends on effective service of notices (multiple methods are provided at s 9A(2)), timely processing of statutory declarations (s 8(7)), and record‑keeping by registration authorities (s 8(2)). There is some risk of false or inaccurate statutory declarations; the Act relies on statutory‑declaration processes and criminal penalties for falsehood rather than on administrative verification. The $50 infringement amount is considerably lower than the maximum court fines, which may affect deterrence depending on enforcement intensity (s 9A(7); s 6). The Minister’s power to extend the Act into local government areas or private land by Gazette (s 4) can shift where the Act applies without primary‑legislative change — a governance lever that will affect who bears enforcement costs.\n\n**Concrete mechanisms to watch (implementation and cost points)**\n\n- Owner response window: statutory declaration must be provided within 14 days after notice or summons to avoid liability (s 8(7)).\n- Infringement revenue flow: monies collected from notices issued by Parks & Wildlife or a local council belong to that issuing agency (s 9A(8)).\n- Prosecution gatekeeping: prosecutions in a council area cannot be commenced except by the CEO or an authorised person (s 11A(1)).\n- Authority and discretion: Ministerial appointment and delegation powers allow administrative design of who enforces and how notices are issued (s 5; s 13).\n\n(References in parentheses are to sections of the Litter Act 1972.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of preventing and penalising littering in public places. While it has been amended numerous times (as shown in the endnotes) to update references, penalty amounts, and officer categories, the core scope has not expanded significantly beyond litter control. The owner-onus provision for vehicles was an early addition (1976) and represents an enforcement mechanism rather than a scope expansion. The Act has not grown to encompass broader environmental protection or waste management issues."},"complexity_factors":["Multiple overlapping categories of 'officers' with different powers (s 3 and s 5), including conditional appointment requirements for issuing notices (s 5(3))","Complex 'owner-onus' mechanism in section 8 with 11 subsections, nested defences, statutory declaration requirements, and evidentiary presumptions","Detailed procedural rules for serving infringement notices in section 9A with 9 subsections and multiple service methods depending on circumstances","Geographic application limitations requiring Gazette notices for extension to local government areas and freehold land (s 4)","Cross-references to other NT legislation including Local Government Act 2019, Crown Lands Act 1992, Public and Environmental Health Act 2011, and Commonwealth Shipping Registration Act 1981","Evidentiary shortcuts and presumptions (ss 8(2), 12) that modify standard rules of evidence","Specific monetary penalty fixed at $50 in s 9A(7) despite general penalty unit system, creating a dual penalty structure"],"plain_english_summary":"**What this law does:**\n\nThe *Litter Act 1972* (Northern Territory) makes it illegal to dump rubbish in public places or on vacant Crown land. It covers everything from dropping a cigarette butt to abandoning larger waste, and even includes dead animals left on roads.\n\n**Who it affects:**\n\n- **The general public** – anyone who might drop litter in streets, parks, beaches, or waterways.\n- **Vehicle and boat owners** – the law includes a special \"owner-onus\" rule. If someone throws litter from your car or boat, you (as the registered owner) can be fined unless you provide a statutory declaration (a formal written statement sworn before an authorised witness) naming the actual offender.\n- **Local councils and government agencies** – they employ officers to enforce the law and can receive the fines collected.\n- **Officers** – police, council workers, Parks and Wildlife staff, and public health officers who have power to issue fines and demand names and addresses.\n\n**Key features:**\n\n- **Fines:** Officers can issue on-the-spot fines ($50) for minor littering, or offenders can be taken to court where penalties go up to 15 penalty units (or 25 for dangerous litter).\n- **Defences:** You have a defence if the litter was accidental and you were injured, or if it wasn't practical to use a bin and you disposed of it carefully.\n- **Clean-up costs:** Courts can order offenders to pay for cleaning up their mess.\n- **Geographic limits:** The Act doesn't automatically apply on private land or in local government areas unless the owner or council specifically requests it. It does apply everywhere on vacant Crown land.\n\n**Why it matters:**\n\nThis law keeps public spaces clean by creating a direct financial penalty for littering. The \"owner-onus\" provision is particularly significant because it allows authorities to hold vehicle owners responsible even when they weren't driving, creating a strong incentive for people to ensure their passengers don't litter."}},"importantCases":[],"_links":{"self":"/api/acts/litter-act-1972","history":"/api/acts/litter-act-1972/history","analysis":"/api/acts/litter-act-1972/analysis","conflicts":"/api/acts/litter-act-1972/conflicts","importantCases":"/api/acts/litter-act-1972/important-cases","documents":"/api/acts/litter-act-1972/documents"}}