Litter Act 1979 (Western Australia)

The Litter Act 1979 establishes a statutory regime for preventing, enforcing against and coordinating responses to litter within Western Australia. Mechanically the Act does four things.

First, it creates a public body, the Keep Australia Beautiful Council (W.A.), with corporate status, a common seal, specified membership and governance arrangements (Part II, ss 6-17 and First Schedule). The Council’s functions and powers are set out in the Second Schedule and sections 7 and 8. It can hold property, accept gifts, employ staff or use public‑sector staff and facilities (ss 8, 15-16). The Council also administers a Fund for finance and grants (Part III, ss 18-21).

Second, the Act creates substantive offences and defences aimed at preventing deposit of litter, breaking of glass or similar on land or in waters, and unauthorised posting of bills near public places or in vehicles (Part IV: ss 23, 24, 24A, 24B). Each offence carries fixed maximum penalties stated in the provisions.

Third, it sets out an enforcement and sanctions framework (Part V). That framework identifies who may enforce the Act , members of the Police Force and persons specifically appointed as authorised officers (s 26) including a range of public servants listed or prescribed , and grants enforcement powers: requirement to give name and address and vehicle identification information (s 27(1), (1a)), power to order removal or deposition of offending material (s 27(2)), issuance of infringement notices (s 30), court remediation orders (s 28), and cost recovery orders (s 29). The Act treats offences committed from vehicles specially by creating a statutory presumption about who committed an offence where the actual offender is not identified, subject to a statutory pathway to displace that presumption (s 27A).

Fourth, the Act provides for delegated law‑making and administrative instruments: regulations by the Governor (s 33) and rules by the Council (s 34). Regulations may prescribe offences for the infringement‑notice regime and set prescribed penalties (s 33(2)(g), (h)) and may address matters such as protection of receptacles, distribution of publicity material, disposal of containers and load‑securing (s 33(2)(a)-(f)).

CrestWestern Australia

Litter Act 1979

Western Australia

Litter Act 1979

Contents

Part I — Preliminary

Short title 2
Commencement 2
Effect of Act on other laws 2
Terms used 2

Part II — The Keep Australia Beautiful Council (W.A.)

Council established etc. 5
Objects and functions 5
Powers 5
Members of Council and appointment etc. of 6
Chairman 8
Deputy Chairman 8
Members etc., application of other laws to 9
Supporting members 9
Committees 10
Staff 11
Staff and facilities of departments etc., use of 11
Professional people, engagement of 12

Part III — Finance and accounts

Keep Australia Beautiful Council (W.A.) Fund 13
Investing part of Fund, powers as to 14
Use of Fund 14
Financial Management Act 2006 and Auditor General Act 2006, application of 15

Part IV — Prevention of litter

Littering, offence 16
Breaking glass etc., offence 16

24A. Bill posting, offence 17

24B. Inciting etc. bill posting, offence 17

Rubbish bins etc., owner of certain land may be required to provide etc. 18

Part V — Enforcement, proceedings and penalties

Authorised officers, appointment and jurisdiction of etc. 20
Authorised officers, powers of 22

27A. Offences involving vehicles, presumptions as to offender etc. 23

27AA. Honorary inspectors, appointment of 26

Court may order offender to remove litter etc. 26
Court may order offender to pay costs of removing litter etc. 27
Infringement notices 27
Penalties, application of 29
Defence of consent, proof of 30

Part VI — Regulations and rules

Regulations 31
Rules 33

Part VII — Transitional

Commencement and interpretation 34
Dissolution of former Association 34
Property, proceedings etc. 34
Membership 35

First Schedule — Provisions relating to the constitution and proceedings of the Council

When vacancies occur 36
Deputies of members, appointment of etc. 36
Who presides at meetings 37
Meetings, convening 37
Quorum 38
Voting 38
Minutes 38
Pecuniary interests, disclosure of 38
Vacancy etc. not to affect validity of Council’s acts etc. 38
Common seal 39
Procedure where none prescribed 39

Second Schedule — Objects and functions of the Council

Third Schedule — Institutions of proceedings

Notes

Compilation table 44

Uncommenced provisions table 47

Other notes 47

Defined terms

Western Australia

Litter Act 1979

An Act to make provision for the abatement of litter, to establish, incorporate and confer powers upon the Keep Australia Beautiful Council (W.A.), and for incidental and other purposes.

Part I — Preliminary

1. Short title

This Act may be cited as the Litter Act 1979.

2. Commencement

Subject to this Act the provisions of this Act shall come into operation on such date or dates as is or are respectively fixed by proclamation.

[3. Deleted: No. 49 of 1981 s. 3.]

4. Effect of Act on other laws

(1) The provisions of this Act are complementary to and not in derogation of the provisions of any other law of the State.

(2) Without limiting the generality of subsection (1), this Act shall not be construed so as to prevent any person from being prosecuted under any other law of the State for an offence punishable by this Act, or from being liable under any other law of the State to any other or higher penalty or punishment than is provided for the offence by this Act.

(3) Nothing in this section affects the operation of section 11 of the Sentencing Act 1995.

(4) In this section law of the State means an Act or any regulations, rules, local laws, by‑laws or statute having effect by virtue of an Act.

[Section 4 amended: No. 14 of 1996 s. 4; No. 78 of 1995 s. 67.]

5. Terms used

(1) In this Act, unless the contrary intention appears —

appointed area means an area set aside by a public authority on land under its control as an area for the deposit of litter;

authorised officer means a person to whom section 26(1) applies;

bill means any poster, placard, handbill, sticker, or other material or object manufactured, printed, drawn or produced for the purpose of advertising or promoting any thing, cause, function, event or occasion of any kind;

Chairman means the Chairman of the Council;

Council means the Keep Australia Beautiful Council (W.A.) established by section 6;

Department means a Department of the Public Service of the State;

Fund means the Keep Australia Beautiful Council (W.A.) Fund established under section 18;

land means any land in the open air;

litter includes —

(a) all kinds of rubbish, refuse, junk, garbage or scrap; and

(b) any articles or material abandoned or unwanted by the owner or the person in possession thereof,

but does not include dust, smoke or other like products emitted or produced during the normal operations of any mining, extractive, primary or manufacturing industry;

member of the Council means a member appointed under section 9;

post, in relation to a bill, means affix the bill by any means to an object;

prescribed means prescribed in the regulations;

private land means land that is used and held in accordance with the requirements of section 32;

public authority means a Department or State instrumentality, a local government within its district, and any other person or body, whether corporate or not, who or which under the authority of any Act is charged with the carrying out of any duty whilst acting in the discharge of that duty;

public place means any thoroughfare, as defined in the Local Government Act 1995, and any other land which the public are allowed to use;

supporting member means a person, body or organization affiliated with the Council under section 13;

waters includes —

(a) any inland waters, whether running or still, permanent or temporary, or natural or artificially created; and

(b) any part of the seas within the jurisdiction of the State.

(2) For the purposes of this Act litter is deposited on land or on or in waters if —

(a) it is placed, put, left, dropped or thrown there; or

(b) it is allowed to fall there or be carried there by the action of wind or water, or both.

[Section 5 amended: No. 18 of 1986 s. 4; No. 6 of 1996 s. 4; No. 14 of 1996 s. 4.]

Part II — The Keep Australia Beautiful Council (W.A.)

6. Council established etc.

(1) A body corporate with perpetual succession is hereby established under the name “Keep Australia Beautiful Council (W.A.)”.

(2) The Council shall have a common seal and all courts, judges and persons acting judicially shall take judicial notice of the common seal of the Council and shall presume that it was duly affixed.

(3) The provisions of the First Schedule shall have effect with respect to the constitution and proceedings of the Council.

7. Objects and functions

(1) Subject to this Act, the objects and functions of the Council are those set out in the Second Schedule.

(2) The Governor may, by Order in Council, at the request of the Council amend by adding to, taking away from, varying or modifying any of the objects or functions contained in the Second Schedule.

8. Powers

The Council may do all acts and things that may be necessary to be done to enable it to achieve its objects and perform its functions and, in particular and in addition to any other powers conferred on it by this Act, the Council may in its corporate name —

(a) acquire, hold and dispose of real and personal property;

(b) accept any gift, whether by will or inter vivos, of any real or personal property or any interest or estate therein, or disclaim the benefit of any such gift;

(d) do and suffer all that bodies corporate may do and suffer.

9. Members of Council and appointment etc. of

(1) The Council shall consist of 15 members appointed by the Minister of whom —

(a) one shall be appointed on the nomination of the body known as The Soft Drink Manufacturers’ Association (W.A.);

(b) one shall be appointed on the nomination of the Chamber of Commerce and Industry to represent the brewing industry;

(c) one shall be appointed on the nomination of the body known as The Packaging Council of Australia (Western Australian Division);

(d) one shall be appointed on the nomination of the Chamber of Commerce and Industry to represent manufacturers of cans;

(e) one shall be appointed on the nomination of the Chamber of Commerce and Industry to represent manufacturers of glass;

(f) one shall be appointed on the nomination of the Chamber of Commerce and Industry to represent manufacturers of paper products;

(g) one shall be appointed on the nomination of the chief executive officer of the department referred to in section 228 of the School Education Act 1999;

(h) one shall be appointed on the nomination of the Departmental CEO as defined in section 1.4 of the Local Government Act 1995;

(i) one shall be appointed on the nomination of the CEO as defined in section 3 of the Conservation and Land Management Act 1984;

(j) 2 shall be appointed on the nomination of the body known as the Western Australian Local Government Association;

(k) one shall be appointed on the nomination of UnionsWA;

[(ka) deleted]

(kb) one shall be appointed on the nomination of the body known as The Conservation Council of Western Australia (Incorporated);

(kc) one shall be appointed to represent the interests of persons as consumers;

(l) one shall be a person with special knowledge of or experience in either litter prevention or environmental matters, or both.

(2) A nomination referred to in subsection (1)(a), (b), (c), (d), (e), (f), (j), (k), (ka) or (kb) shall take the form of a panel of the names of at least 3 persons each of whom is willing to accept appointment as a member of the Council.

(3) An officer mentioned in paragraph (g), (h) or (i) of subsection (1) may, if he so wishes, nominate himself for appointment as a member of the Council pursuant to that paragraph.

(4) Subject to clause 1 of the First Schedule a member of the Council shall hold office for such period not exceeding 3 years as is specified in the instrument of his appointment and is eligible for re‑appointment.

(5) The Minister shall cause notice of appointments to the respective offices of members of the Council to be published in the Gazette.

(6) In this section —

Chamber of Commerce and Industry means the Chamber of Commerce and Industry of Western Australia (Inc).

[Section 9 amended: No. 18 of 1986 s. 5; No. 7 of 1988 s. 21; No. 22 of 1996 s. 16(7); No. 36 of 1999 s. 247; No. 49 of 2004 s. 13; No. 28 of 2006 s. 213; No. 8 of 2009 s. 86; No. 53 of 2011 s. 59.]

10. Chairman

(1) The Minister shall appoint a member of the Council, not being a member who is an officer in the Public Service of the State, to be the Chairman of the Council.

(2) The office of Chairman becomes vacant if —

(a) the person holding the office resigns the office by notice in writing to the Minister; or

(b) the person holding the office ceases to be a member of the Council; or

(3) There shall be paid to the Chairman, from moneys standing to the credit of the Fund, such remuneration and allowances as the Governor determines.

[Section 10 amended: No. 49 of 1996 s. 64.]

11. Deputy Chairman

(1) At the first meeting of the Council and thereafter at the first meeting of the Council held after 30 June in each year the members of the Council shall elect from among their number a Deputy Chairman.

(2) Subject to subsection (3) a person elected to the office of Deputy Chairman of the Council shall hold office until the next election for that office is held under subsection (1), but is eligible for re‑election.

(3) The office of Deputy Chairman of the Council becomes vacant if —

(a) the person holding the office resigns the office by notice in writing to the Chairman;

(b) the person holding the office ceases to be a member of the Council;

(4) Where a casual vacancy occurs in the office of Deputy Chairman the members of the Council shall elect one of their number to hold the office until the next election is held under subsection (1).

12. Members etc., application of other laws to

Acceptance of or acting in any office under section 9, 10 or 11 by any person does not of itself render the provisions of Part 3 of the Public Sector Management Act 1994, or any other Act applying to persons as officers of the Public Service of the State, applicable to that person, or affect or prejudice the application to him of those provisions if they applied to him at the time of the acceptance of or acting in that office.

[Section 12 amended: No. 32 of 1994 s. 19.]

13. Supporting members

(1) Any person, body or organization may become affiliated with the Council as a supporting member.

(2) The Council shall make such arrangements as are necessary —

(a) to ensure that supporting members have the opportunity to participate in the work of the Council; and

(b) to enable supporting members to meet from time to time to discuss matters relating to the objects and functions of the Council and pass on their views to the Council.

14. Committees

(1) The Council may from time to time —

(a) constitute committees by appointing any number of persons to be members of the committees, and abolish a committee so constituted by dismissing all the members of the committee; and

(b) assign names to the committees so constituted; and

(c) subject to the approval of the Minister, delegate to a committee such of its functions, duties, discretions, and powers, except this power of delegation, for such time and subject to such conditions as the Council determines and the committee shall exercise and perform the functions, duties, discretions, and may exercise the powers, so delegated to it; and

(d) dismiss any member of a committee and appoint another person to the office of the dismissed member; and

(e) appoint additional members to any committee.

(2) Any member of the Council, supporting member or other person may be a member of a committee but the Council shall —

(a) appoint at least one member of the Council to be a member of each committee; and

(b) appoint as Chairman of a committee, a member of the Council appointed to that committee pursuant to paragraph (a).

(3) The Chairman of the Council shall be ex officio a member of each committee.

(4) Where the Chairman of the Council is unable to be present at a meeting of a committee the Deputy Chairman of the Council may attend that meeting in place of the Chairman and act for the Chairman thereat.

(5) A delegation under subsection (1) is revocable at will and the delegation does not prevent the exercise of performance by the Council of any of its functions, duties, discretions or powers under this Act.

15. Staff

(1) The Council may, with the approval of the Minister, appoint such officers and engage such employees as are necessary to enable it to efficiently achieve its objects and perform its functions and may supervise, control, suspend and dismiss such officers and employees.

(2) Persons appointed or engaged under subsection (1) may be employed on a full‑time or part‑time basis.

(3) Subject to any relevant award or industrial agreement the terms and conditions of employment of persons appointed or engaged under subsection (1), including the salary or wages payable, are such terms and conditions as the Council, on the recommendation of the Public Sector Commissioner and with the approval of the Minister, determines.

(4) Part 3 of the Public Sector Management Act 1994 does not apply to or in relation to persons appointed or engaged under subsection (1).

(5) Notwithstanding anything in this section, to the extent that there is in the case of a person who is appointed under subsection (1) to be an officer and who is a member of the Senior Executive Service within the meaning of the Public Sector Management Act 1994 an inconsistency between this Act and that Act that Act shall prevail.

[Section 15 amended: No. 113 of 1987 s. 32; No. 32 of 1994 s. 19; No. 28 of 2006 s. 214; No. 39 of 2010 s. 89.]

16. Staff and facilities of departments etc., use of

(1) The Council may by arrangement with the Minister concerned and upon such terms and conditions as may be mutually arranged with such Minister, make use, either full‑time or part‑time of —

(a) the services of any officer or employee employed in the Public Service of the State or in a State instrumentality or otherwise in the service of the Crown in this State; or

(b) any facilities of a Department or of a State instrumentality.

(2) An arrangement under subsection (1) with regard to the services of an officer or employee does not affect his rights under the Public Sector Management Act 1994 or any other Act applying to him as a public servant.

[Section 16 amended: No. 28 of 2006 s. 214.]

17. Professional people, engagement of

The Council may, with the approval of the Minister, engage and remunerate for their services such professional persons or agents as the Council considers may be necessary for the achievement or performance of any of its objects or functions.

Part III — Finance and accounts

18. Keep Australia Beautiful Council (W.A.) Fund

(1) For the purposes of this Act there shall be established a fund to be called the “Keep Australia Beautiful Council (W.A.) Fund”.

(2) An account called the Keep Australia Beautiful Council (W.A.) Fund Account is to be established —

(a) as an agency special purpose account under section 16 of the Financial Management Act 2006; or

(b) with the approval of the Treasurer, at a bank as defined in section 3 of that Act,

to which all monies from time to time belonging to the Fund are to be credited.

(3) The Fund shall consist of —

(a) moneys from time to time appropriated by Parliament for the purposes of this Act;

(b) voluntary contributions from manufacturers and distributors of products that —

(i) are capable of becoming litter; or

(ii) are distributed in packaging or containers capable of becoming litter,

or from agents of such manufacturers and distributors;

(d) the income derived from the investment of money forming part of the Fund;

(e) the proceeds of disposal of property;

(f) moneys from time to time derived by the Council from subscriptions and from penalties;

(g) any other moneys that may lawfully be received by the Council.

[Section 18 amended: No. 49 of 1996 s. 57; No. 77 of 2006 Sch. 1 cl. 100(1).]

19. Investing part of Fund, powers as to

Where any money forming part of the Fund is not immediately required for the purposes of this Act, the Council may, with the approval of the Treasurer of the State invest it in any investments authorised by law as in force immediately before the coming into operation of the Trustees Amendment Act 1997 as those in which trust funds may be invested.

[Section 19 amended: No. 1 of 1997 s. 18.]

20. Use of Fund

(1) Subject to subsection (2) the Council may use and apply money standing to the credit of the Fund for or towards any of its objects, or in the exercise of any of its functions, and in particular may use and apply that money for all or any of the following purposes —

(a) the payment of the expenses of administering this Act;

(b) the payment of the general administrative expenses of the Council;

(c) the payment of salaries and wages to its officers and employees and the remuneration of professional persons and agents engaged by it;

(d) the making of grants to persons or organizations approved by the Council to enable or assist those persons or organizations to undertake studies or implement programmes in connection with the objects and functions of the Council.

(2) Where gifts of money, bequests, or other gifts, have been made upon conditions for the purposes of this Act, the Council shall use or apply money representing those gifts and bequests in accordance with the conditions upon which they were made.

[Section 20 amended: No. 98 of 1985 s. 3; No. 49 of 1996 s. 64.]

21. Financial Management Act 2006 and Auditor General Act 2006, application of

The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Council and its operations.

[Section 21 inserted: No. 98 of 1985 s. 3; amended: No. 77 of 2006 Sch. 1 cl. 100(2).]

[22. Deleted: No. 98 of 1985 s. 3.]

Part IV — Prevention of litter

23. Littering, offence

Any person who deposits litter, or causes litter to be deposited, on any land or on or into any waters commits an offence unless the litter is deposited —

(a) on private land by consent; or

(b) in an appointed area; or

(d) on land adjacent to private land by arrangement with, or at the invitation of, a public authority with a view to the litter being collected and removed by the public authority.

Penalty:

(a) for an individual, a fine of $5 000;

(b) for a body corporate, a fine of $10 000.

[Section 23 amended: No. 6 of 1996 s. 5; No. 30 of 2012 s. 4.]

24. Breaking glass etc., offence

Any person who breaks any glass, metal or earthenware, or causes any glass, metal or earthenware to be broken, on any land or into any waters, commits an offence unless the glass, metal or earthenware, as the case may be, is broken —

(a) on private land by consent; or

(b) in an appointed area with the consent of the public authority by which the area was set aside.

Penalty:

(a) for an individual, a fine of $5 000;

(b) for a body corporate, a fine of $10 000.

[Section 24 amended: No. 6 of 1996 s. 6; No. 30 of 2012 s. 5.]

24A. Bill posting, offence

(1) Any person who leaves or posts a bill on any building, fence, furniture, pillar, post, screen, tree, structure, wall or other object on or adjacent to a public place or vacant land commits an offence unless the bill is left or posted with the consent of the owner or occupier of the object on which the bill is left or posted.

Penalty:

(a) for an individual, a fine of $5 000;

(b) for a body corporate, a fine of $10 000.

(2) Any person who leaves or posts a bill on or in any unoccupied vehicle in a public place commits an offence unless the bill is left or posted with the consent of the owner or person in charge of the vehicle.

Penalty:

(a) for an individual, a fine of $5 000;

(b) for a body corporate, a fine of $10 000.

(3) A person who leaves a bill in a letter box or similar receptacle for mail does not commit an offence under subsection (1).

[Section 24A inserted: No. 6 of 1996 s. 7; amended: No. 30 of 2012 s. 6.]

24B. Inciting etc. bill posting, offence

(1) Any person who incites, causes, counsels or procures some other person to leave or post a bill on any building, fence, furniture, pillar, post, screen, tree, structure, wall or other object on or adjacent to a public place or vacant land in contravention of section 24A(1) or on or in any unoccupied vehicle in a public place in contravention of section 24A(2) commits an offence.

Penalty: a fine of $10 000.

(2) Notwithstanding any other enactment, the penalty in subsection (1) applies whether the offender is a natural person or a body corporate.

[Section 24B inserted: No. 6 of 1996 s. 7; amended: No. 30 of 2012 s. 7.]

[24C. Deleted: No. 9 of 2023 s. 97.]

25. Rubbish bins etc., owner of certain land may be required to provide etc.

(1) This section applies to any area of land that is frequented by the public for or in connection with business, commercial, recreational or other purposes and whether on payment of a fee or not.

(2) A public authority in whose district or area of jurisdiction an area of land to which this section applies is situated may by notice in writing served on a person who is the owner of, or has the control of that area —

(a) require that person to provide and maintain on that area such number of litter receptacles of a type specified in the notice as is specified in the notice; and

(b) give such directions as the public authority thinks fit in order to ensure that those receptacles are placed in positions where they will be most effective.

(3) A public authority may, in writing, request the Council to exercise the powers conferred on the public authority by subsection (2) in relation to an area of land specified in the request and the Council may exercise those powers in terms of that request and, where it does so, references in this section to the public authority shall be read and construed as references to the Council.

(4) A notice served under subsection (2) in respect of an area of land may be —

(a) replaced or varied by a subsequent notice served under that subsection on the owner or person who has the control of that area;

(b) rescinded by notice in writing served on the owner or person who has the control of that area.

(5) A notice served under subsection (2) shall come into force on such date (being a date not less than 60 days after the service of the notice) as is specified therein unless, before that date, an application for a review of any requirement or direction in the notice has been made pursuant to subsection (6).

(6) A person who is dissatisfied with any requirement or direction in a notice served under subsection (2) may apply to the State Administrative Tribunal for a review of the requirement or direction.

[(7), (8) deleted]

(9) Where any requirement or direction in a notice as in force under this section in respect of an area of land is not being complied with, the owner or person who has the control of that area is guilty of an offence.

Penalty: a fine of $1 000 together with a daily penalty of $100 in respect of each day on which the offence continues.

(10) Where a person provides litter receptacles in accordance with the requirements of a notice served under subsection (2) he shall forthwith advise the public authority to that effect.

(11) A person who has provided litter receptacles in accordance with the requirements of a notice served under subsection (2) shall ensure that those receptacles are emptied as often as is necessary or as is required by the public authority.

[Section 25 amended: No. 6 of 1996 s. 8; No. 55 of 2004 s. 659; No. 30 of 2012 s. 8.]

Part V — Enforcement, proceedings and penalties

26. Authorised officers, appointment and jurisdiction of etc.

(1) For the purposes of this Act an authorised officer is —

(a) any member of the Police Force;

(b) any person appointed as such pursuant to subsection (2) within the area of jurisdiction entrusted to him by the appointment;

(i) a member of the council of the local government; or

(ii) an employee of the local government; or

(iii) an honorary inspector appointed by the local government under section 27AA.

(2) The CEO, as defined in the Environmental Protection Act 1986 section 3(1), may appoint —

(a) any officer or employee of the Council appointed or engaged under section 15(1); or

(b) any officer or employee whose services the Council makes use of by arrangement under section 16(1); or

(i) an inspector, under the Environmental Protection Act 1986; or

(ii) a conservation and land management officer, forest officer, wildlife officer or ranger, under the Conservation and Land Management Act 1984; or

[(iii), (iv) deleted]

(v) a member of the staff of The Western Australian Museum constituted by the Museum Act 1969; or

(vi) an inspector or honorary warden, under the Waterways Conservation Act 1976; or

(vii) a fisheries officer referred to in the Fish Resources Management Act 1994; or

(viii) a bush fire liaison officer, under the Bush Fires Act 1954; or

(ix) an inspector, under the Western Australian Marine Act 1982;

(d) any person who holds or acts in an office of a public authority being an office prescribed in the regulations,

to be an authorised officer for the purposes of this Act either in respect of the whole of the State or any part thereof defined in the appointment.

(3) A person holding office as an authorised officer by virtue of subsection (1)(c) —

(a) has within the district in respect of which he holds office the duties of and powers of an authorised officer under this Act, and may exercise those powers within that district;

(b) may exercise the powers conferred on him by this Act in relation to any person whom he has reason to believe is concerned in a contravention of this Act notwithstanding that such person is not then within the district in respect of which he holds office if that person was pursued from that district or is known to have been in that district at the time of the contravention.

(4) A person who is appointed as an authorised officer pursuant to subsection (2) —

(a) has within the area of jurisdiction entrusted to him by the appointment the duties and powers of an authorised officer under this Act, and may exercise those powers within that area; and

(b) may exercise the powers conferred upon him by this Act in relation to any person whom he has reason to believe is concerned in a contravention of this Act notwithstanding that such person is not then within the area of jurisdiction entrusted to him if that person was pursued from that area or is known to have been in that area at the time of the contravention; and

(c) shall be issued with a certificate of his appointment as an authorised officer in the prescribed form, evidencing the area of jurisdiction entrusted to him under this Act, which he shall, on reasonable demand, produce for inspection by any person.

[Section 26 amended: No. 49 of 1981 s. 4; No. 53 of 1994 s. 264; No. 24 of 1995 s. 55; No. 14 of 1996 s. 4; No. 28 of 2006 s. 215; No. 30 of 2012 s. 9.]

27. Authorised officers, powers of

(1) An authorised officer may require a person whom he finds committing or whom he reasonably suspects to be committing or to have committed an offence against this Act to state his full name and usual place of residence.

(1a) Any owner of a vehicle and any person to whom for the time being the possession or control of a vehicle may be entrusted shall, if required by an authorised officer, give any information which it is in his power to give, which may lead to the identification of any person who was driving or who was in charge or control of the vehicle at the time that, or at about the time that, an offence against this Act is alleged to have been committed.

Penalty: a fine of $1 000.

(2) An authorised officer who finds a person contravening section 23, 24 or 24A may order that person —

(a) to remove the material the subject of the offence from the land or waters; or

(b) to deposit the material the subject of the offence in the nearest place or receptacle set aside or provided for the deposit of litter,

within such time as the authorised officer may direct.

(3) A person shall not —

(a) fail to comply with a requisition directed to him under subsection (1) or (2) by an authorised officer; or

(b) in response to a requisition directed to him under subsection (1) by an authorised officer, give any information that is false or misleading.

Penalty: a fine of $1 000.

[Section 27 amended: No. 18 of 1986 s. 6; No. 6 of 1996 s. 9; No. 30 of 2012 s. 10.]

27A. Offences involving vehicles, presumptions as to offender etc.

(1A) In this section —

infringement notice means an infringement notice under section 30;

prosecution notice means a prosecution notice under the Criminal Procedure Act 2004;

relevant time, in relation to an offence, means the time at which the offence is alleged to have been committed;

responsible person, for a vehicle, means —

(a) if the Road Traffic (Administration) Act 2008 section 6 is in operation — a person responsible for the vehicle under that section; or

(b) if the Road Traffic (Administration) Act 2008 section 6 is not in operation — a person responsible for the vehicle under the Road Traffic Act 1974 section 5A.

(1) Where an offence against section 23 or 24 consists of the depositing of litter or causing litter to be deposited on any land or on or into any waters from a vehicle or the breaking of or causing to be broken any glass, metal or earthenware on any land or on or into any waters from a vehicle and the authorised officer investigating the offence is unable to establish who committed the offence —

(a) the driver or person in charge of the vehicle at the relevant time; or

(b) if the authorised officer investigating the offence is unable to establish who was the driver or person in charge of the vehicle at the relevant time, a responsible person for the vehicle at that time,

is to be taken to have committed the offence and may be proceeded against and is punishable accordingly.

(2) Despite subsection (1), a person is not to be taken to have committed an offence under that subsection if —

(a) within 14 days after the date of service of an infringement notice on the person for the offence, the person gives to the person who served the infringement notice; or

(b) within 14 days after the date of service of a copy of a prosecution notice on the person for the offence, the person gives to the person who commenced the prosecution,

a written statement, on oath or by statutory declaration, that complies with subsection (3) or (4), as the case requires.

(3) If the person was the driver or person in charge of the vehicle at the relevant time, the statement must verify that some other person committed the offence and either —

(a) state the name and address of that other person; or

(b) if that name and address are not known to the person, verify that the person does not know and cannot by reasonable diligence find out that name and address.

(4) If the person was a responsible person for the vehicle at the relevant time, the statement must verify that the person was not the driver or person in charge of the vehicle at that time and either —

(a) state the name and address of the driver or person in charge of the vehicle at that time; or

(b) if that name and address are not known to the person, verify that the person does not know and cannot by reasonable diligence find out that name and address.

(5A) If an infringement notice is served on a person named in a statement given under subsection (2), a copy of the statement must be served with the infringement notice.

(5B) If a prosecution is commenced against a person named in a statement given under subsection (2), a copy of the statement must be served, in accordance with the Criminal Procedure Act 2004 Schedule 2 clause 2, 3 or 4, with the copy of the prosecution notice.

(5) Subject to subsections (5A) and (5B), the production of a statement given under subsection (2) is evidence of the facts stated in it and in the absence of evidence to the contrary is sufficient evidence of those facts.

(6) Subsection (1) does not prejudice or affect the liability of a person by whom an offence was actually committed to be proceeded against and punished, except that where either that person or a person taken to have committed the offence by virtue of subsection (1) has been convicted of an offence, the other of them ceases to be liable under this Act for the offence.

[Section 27A inserted: No. 6 of 1996 s. 10; amended: No. 59 of 2004 s. 141; No. 84 of 2004 s. 78; No. 30 of 2012 s. 11.]

27AA. Honorary inspectors, appointment of

A local government may appoint a person to be an honorary inspector to assist in the serving of infringement notices relating to offences prescribed for the purposes of section 30.

[Section 27AA inserted: No. 14 of 1996 s. 4; amended: No. 10 of 1998 s. 44.]

28. Court may order offender to remove litter etc.

(1) Where a person is convicted of an offence against section 23, 24, 24A or 24B, the court may instead of or in addition to imposing any penalty order the offender —

(a) to clean up and remove the material the subject of the offence within a time specified in the order and under the directions and to the satisfaction of a person nominated in the order; and

(b) in default of his complying with the order of the court, to pay such penalty (in addition to any penalty already imposed) not exceeding $1 000 as the court thinks fit.

(2) Where an order made under subsection (1) is complied with to the satisfaction of the person nominated in the order that person shall give or send to the offender a written statement to that effect.

(3) Where an offender fails to comply with an order made under subsection (1) any justice may, upon application of the person nominated in the order, issue a summons requiring the offender to show cause before the court that made the order why the penalty imposed by the order should not be enforced.

(4) Upon the hearing of a summons issued under subsection (3) the court —

(a) may extend the time for compliance with the order made under subsection (1) and in that event the provisions of this section shall apply as if the extended time were the time appointed by the order;

(b) may make such order as it thinks fit.

[Section 28 amended: No. 6 of 1996 s. 11.]

29. Court may order offender to pay costs of removing litter etc.

(1) Where a person is convicted of an offence against section 23 or 24 or fails to comply with an order made under section 28(1) made in respect of a conviction for an offence against section 23 or 24, the court may instead of or in addition to imposing any penalty order the offender to pay to the owner or occupier or person or authority having control or management of the land or waters where the offence was committed such sum as it considers reasonable for the cleaning up and removal of the material the subject of the offence.

(1a) Where a person is convicted of an offence against section 24A or 24B, or fails to comply with an order under section 28(1) made in respect of a conviction for an offence against section 24A or 24B, the court may instead of or in addition to imposing any penalty order the offender to pay to the owner or occupier or person or authority having control or management of the building, fence, furniture, pillar, post, screen, tree, structure, wall, other object or unoccupied vehicle where or on which a bill or bills were posted in consequence of the offence such sum as it considers reasonable for the cleaning up and removal of the bill or bills.

(2) An amount ordered to be paid under subsection (1) or (1a) may be recovered as a judgment debt in a court of competent jurisdiction.

[Section 29 amended: No. 92 of 1994 s. 23; No. 6 of 1996 s. 12.]

30. Infringement notices

(1) If —

(a) an authorised officer has reason to believe that a person has committed a prescribed offence against this Act, the authorised officer; or

(b) under section 27A(1) a person is to be taken to have committed a prescribed offence against this Act, an authorised officer,

may serve on that person a notice, in the prescribed form (in this section called an infringement notice) informing the person that, if he does not wish to be prosecuted for the alleged offence in a court, he may pay to an officer specified in the notice, within the time therein specified, the amount of the penalty prescribed for the offence, if dealt with under this section.

(2) An infringement notice may be served on an alleged offender personally or by posting it to him within 30 days after the occurrence giving rise to the allegation of an offence.

(3) A person who receives an infringement notice may decline to be dealt with under the provisions of this section and, where he fails to pay the prescribed penalty within the time specified in the notice or within such further time as may, in any particular case, be allowed, he is deemed to have declined to be dealt with under those provisions.

(4) An infringement notice may, whether or not the prescribed penalty has been paid, be withdrawn, at any time within 28 days after the service of the notice, by the sending of a notice, in the prescribed form, to the alleged offender at his last known place of residence or business, advising the alleged offender that the infringement notice has been withdrawn, and, in that event, the amount of any prescribed penalty that has been paid shall be refunded.

(4a) A withdrawal notice sent under subsection (4) shall be signed by a person appointed in writing to withdraw infringement notices by the public authority on behalf of which the infringement notice was served.

(4b) For the purposes of subsection (4a) an infringement notice served by an authorised officer of a class referred to in column 1 of the Third Schedule shall be regarded as having been served on behalf of the public authority referred to in column 2 of that Schedule opposite the reference to that class of authorised officers.

(5) Where a prescribed penalty has been paid pursuant to an infringement notice and the notice has not been withdrawn as provided by subsection (4) proceedings shall not be brought against any person with respect to the offence alleged in the notice.

(6) The payment of a penalty pursuant to an infringement notice shall, for the purposes of this Act, constitute a conviction of an offence, but shall not be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil claim, action or proceeding arising out of the occurrence by reason of which the infringement notice was given.

[Section 30 amended: No. 48 of 1981 s. 5; No. 18 of 1986 s. 7; No. 84 of 2004 s. 80; No. 30 of 2012 s. 12.]

31. Penalties, application of

(1) Penalties for offences against this Act recovered in proceedings instituted by or on behalf of a local government shall be paid to the local government.

(2) Penalties for offences against this Act recovered in proceedings instituted by or on behalf of a public authority that has a fund, shall be paid into that fund.

(2a) Penalties for offences against this Act recovered in proceedings instituted by or on behalf of a public authority that does not have a fund but administers or uses any moneys paid to or collected by it, shall be paid to that authority to be administered or used by it as part of those moneys.

(2b) For the purposes of subsections (1), (2) and (2a) proceedings instituted by an authorised officer of a class referred to in column 1 of the Third Schedule shall be regarded as having been instituted on behalf of the public authority referred to in column 2 of that Schedule opposite the reference to that class of authorised officers.

(3) Penalties for offences against this Act recovered in proceedings other than proceedings referred to in subsection (1), (2) or (2a) shall be credited to the Fund.

(4) Proceedings as used in this section includes proceedings by way of infringement notice under section 30.

[Section 31 amended: No. 49 of 1981 s. 6; No. 14 of 1996 s. 4; No. 49 of 1996 s. 64.]

32. Defence of consent, proof of

Where by way of defence to any prosecution for an offence under this Act it is alleged that any act was performed on private land by consent that defence shall not be taken to have been established unless —

(a) it is shown that the land in question was —

(i) land (not being land reserved under Part 4 of the Land Administration Act 1997, whether or not the care, control and management of the land are placed with, or the land is leased to, any person or body under that Act) which is alienated from the Crown for any estate or interest; or

(ii) land the subject of any conditional purchase agreement or of any lease from the Crown; or

(iii) land comprised in a reserve under any Act and leased for any purpose; or

(iv) other land, in respect of which a right of occupation or use is held by any person or body not being a right conferred principally for mining purposes,

and that the act was performed in that place at the material time with the specific prior consent of a lawful occupier or the owner of that land; or

(b) the court is otherwise satisfied that the act was performed in a place the property or use of which is vested in a person or body who or which consented to the act being performed there, not being land of the kind referred to in paragraph (a).

[Section 32 amended: No. 31 of 1997 s. 64.]

Part VI — Regulations and rules

33. Regulations

(1) The Governor may make such regulations, as are contemplated by this Act and such other regulations, not inconsistent with this Act, as he considers are necessary or expedient for the proper administration of this Act and for the control of litter generally.

(2) Without limiting the generality of subsection (1) regulations may be so made —

(aa) providing for notices or other documents to be given, sent or served under this Act by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) and providing for the proof of that giving, sending or service; and

(a) for the protection of litter receptacles from damage or defacement; and

(b) prohibiting or regulating the distribution of handbills, leaflets, vouchers, coupons, cards or other publicity material of a similar kind in any public place or on vacant land and the leaving or posting of any such material on any building, or structure on or adjacent to a public place or vacant land or on or in any vehicle in a public place; and

(i) boxes, packets, bags, bottles, tins and other containers; and

(ii) papers; and

(iii) things of no use or no further use to their possessor,

so that their disposal will not contribute to the increase of litter nor pollution or environmental harm within the meaning of the Environmental Protection Act 1986; and

(d) recommending types of litter receptacles for the purposes of section 25 and, without limiting the generality of the foregoing, recommending —

(i) the capacity, shape and design of such receptacles;

(ii) colours and distinguishing symbols or motifs for use on such receptacles;

(iii) materials for use in the construction or manufacture of such receptacles;

and

(e) prohibiting the deposit of litter of a specified class in litter receptacles of a specified class; and

(f) regulating the covering and securing of loads on vehicles; and

(g) prescribing offences for the purposes of section 30 by setting out the offences or by reference to the provisions creating the offences; and

(h) prescribing for the purposes of section 30 in respect of any offence prescribed for the purposes of that section —

(i) a penalty not exceeding $2 000; or

(ii) different penalties, none of which exceeds $2 000, according to the circumstances by which the offence is attended.

(3) The regulations may prescribe penalties, not exceeding a fine of $5 000 in respect of a breach of any of the regulations.

(4) Regulations may be made —

(a) so as to apply generally or in a specified class of case, or specified classes of cases, at all times or at a specified time or specified times, or throughout the State or in a specified part or specified parts of the State; and

(b) so as to require a matter affected by them to be in accordance with a specified requirement, or as approved by, or to the satisfaction of, a specified person or body, or class of person or body, and so as to delegate to or confer upon a specified body a discretionary authority; and

(c) so as to provide that in specified cases, or a specified class of case, or specified classes of cases, whether on specified conditions or unconditionally, persons or things may be exempted from their provisions either wholly or to such extent as is specified.

(5) Where in relation to regulations made under this Act the expression specified is used, the expression, unless the context requires otherwise, means specified in the regulations.

[Section 33 amended: No. 6 of 1996 s. 13; No. 54 of 2003 s. 68(4); No. 30 of 2012 s. 13; No. 34 of 2020 s. 65.]

34. Rules

The Council may make rules not inconsistent with this Act or the regulations for or with respect to —

(a) regulating the affairs, business and management of the Council;

(b) the holding of meetings of supporting members and proceedings at the meeting;

(c) regulating the admission, resignation and expulsion of supporting members and the types and classification of those members and the levying of subscriptions on those members;

(d) all matters that are considered necessary or convenient by the Council to be prescribed by rules for the purpose of giving effect to this Act, not being matters for and with respect to which regulations may be made.

Part VII — Transitional

35. Commencement and interpretation

(1) This Part shall come into operation on the date on which section 6 comes into operation.

(2) In this Part the Association means the association incorporated under the Associations Incorporation Act 18951, on 14 October 1971 by the name of Keep Australia Beautiful Council (W.A.).

36. Dissolution of former Association

(1) On the coming into operation of this Part the Association is, by force of this section dissolved and the Commissioner for Corporate Affairs shall cancel the Certificate of Incorporation issued to the Association on 14 October 1971 under the Associations Incorporation Act 1895 1.

(2) The Council shall deliver to the Commissioner for Corporate Affairs the Certificate of Incorporation referred to in subsection (1), when requested by him so to do, for the purpose of the Certificate being cancelled under that subsection.

(3) A reference —

(a) in a law of the State; and

(b) in any document,

in force immediately before the coming into operation of this Part, to the Association shall be read, deemed and taken to refer to the Council.

37. Property, proceedings etc.

(1) All real and personal property and every right and interest therein that immediately before the date of the coming into operation of this Part was vested in the Association —

(a) shall vest in and belong to the Council for the purposes of this Act; and

(b) shall be held by it subject to the conditions or trusts on which it was held immediately before that date.

(2) All rights accruing or accrued to the Association in respect of any property vested in the Council by virtue of this section —

(a) are vested in the Council; and

(b) may be enforced against the Council.

(3) All contracts, agreements and undertakings made by the Association and existing immediately before the date of the coming into operation of this Part, have effect as contracts, agreements and undertakings by and with the Council and may be enforced by and against the Council accordingly.

(4) Any legal or other proceedings that might but for this section, have been continued or commenced by or against the Association under its corporate name may be continued or commenced by or against the Council under its corporate name.

38. Membership

(1) The persons who were members of the Association immediately before the date of the coming into operation of this Part shall by force of this section become and, subject to the rules, remain supporting members of the Council.

(2) In determining the subscriptions payable by supporting members to whom subsection (1) applies credit shall be given for subscriptions paid to the Association in respect of the financial period current at the date of the coming into operation of this Part.

(3) No subscriptions shall be payable by a supporting member who was a life member of the Association.

First Schedule — Provisions relating to the constitution and proceedings of the Council

[s. 6]

[Heading amended: No. 19 of 2010 s. 4.]

When vacancies occur

(1) A member of the Council may resign his office by notice in writing delivered to the Minister.

(2) The body or officer by which or by whom a member of the Council was nominated may, by notice in writing to the Minister, withdraw the nomination of that member and thereupon the office of that member becomes vacant.

(3) If a member of the Council —

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) becomes permanently incapable of performing the duties of his office; or

the office of that member becomes vacant and he is not eligible for re‑appointment.

[Clause 1 amended: No. 18 of 2009 s. 52.]

Deputies of members, appointment of etc.

(1) The Minister may appoint persons to be deputies of the several members of the Council.

(2) The provisions of section 9(1), (2), (3), (4) and (6) that apply to and in relation to a member of the Council apply to and in relation to the appointment of a deputy of that member.

(3) The nomination panel used for the purpose of appointing a member of the Council may also be used for the purpose of appointing his deputy.

(4) The deputy of a member of the Council is, in the event of the absence of that member from a meeting of the Council, entitled to attend that meeting and, when so attending, is deemed to be a member of the Council and has all the powers, functions and duties of such a member.

(5) If at any time a member of the Council ceases to hold office before the expiration of the period of his appointment a person who was immediately prior thereto the deputy of that member is, until the vacancy in that office of member is filled by the appointment of another member of the Council or until the expiration of 3 months from the date that the member ceased to hold office, whichever is the lesser time, entitled to attend any meeting of the Council and when so attending is deemed to be a member of the Council and has all the powers, functions and duties of such a member.

Who presides at meetings

(1) The Chairman shall preside at all meetings of the Council at which he is present.

(2) The Deputy Chairman shall preside at all meetings of the Council at which the Chairman is not present and in the absence of both the Chairman and the Deputy Chairman from any such meeting, the members of the Council present shall appoint one of their number to preside at that meeting.

Meetings, convening

(1) The first meeting of the Council shall be convened by the Minister and thereafter, subject to subclause (2), meetings shall be held at such times and places as the Council determines.

(2) A special meeting of the Council may at any time be convened by the Chairman or, in his absence, the Deputy Chairman and the Chairman or, in his absence, the Deputy Chairman shall call a special meeting whenever requested to do so in writing by 4 members of the Council.

(3) Not less than 3 days’ notice of every special meeting, and of the business to be transacted thereat, shall be given to each member of the Council and no business, other than that specified in that notice, except with the consent of all members of the Council present and voting at the meeting, shall be transacted at that meeting.

Quorum

No business shall be transacted at any meeting of the Council unless more than one‑half of the members of the Council are present thereat for the whole time during which the business is transacted.

Voting

Any question arising at a meeting of the Council shall be determined by a majority of the members of the Council present and voting and where the votes cast on any question are equally divided the question shall be declared to be negatived.

Minutes

The Council shall cause accurate minutes to be kept of its proceedings at its meetings.

Pecuniary interests, disclosure of

(1) Any member of the Council who has a direct or indirect pecuniary interest in any matter that is being considered or is about to be considered at a meeting of the Council shall as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest to those present at the meeting and that disclosure shall be recorded in the minutes of the meeting.

(2) Where a member of the Council makes a disclosure under subclause (1) in relation to a matter and a majority of the members present at the meeting determine by motion that the nature of the pecuniary interest disclosed is such that the member should take no part in the consideration of that matter, the member shall not be present during any deliberation of the Council with respect to that matter.

Vacancy etc. not to affect validity of Council’s acts etc.

An act or proceeding of the Council shall not be invalid in consequence of there being any vacancy in the office of a member at the time of the act or proceeding or in consequence of there being some defect or irregularity in the appointment of a person purporting to be a member or in the appointment of a person purporting to be the deputy of a member.

Common seal

(1) The form of the common seal of the Council and all other matters relating to the seal shall, subject to this clause, be from time to time determined at a duly constituted meeting of the Council.

(2) The common seal shall not be used except upon the order of the Council.

(3) Where the common seal is affixed to an instrument it shall be so affixed in the presence of the Chairman or the Deputy Chairman of the Council and one other member of the Council and the instrument shall be signed by the Chairman or Deputy Chairman and member in whose presence the common seal was so affixed.

Procedure where none prescribed

To the extent that it is not prescribed by this Act or rules made by the Council the Council shall determine its own procedure.

Second Schedule — Objects and functions of the Council

[s. 7]

[Heading amended: No. 19 of 2010 s. 4.]

(a) To educate members of the public in, and to awaken, stimulate, encourage and maintain the interest of members of the public in, and to promote public knowledge of, the correct disposal of waste items.

(b) To foster and encourage the appreciation of clean and well‑kept cities and countryside.

(d) To preserve and improve the appearance of our environment in the schools, in factories, shops and offices, in parks, beaches and recreation places and along the roadside by the prevention of litter.

(e) To make recommendations and submit proposals to the Minister from time to time with respect to regulations to be made under this Act.

(f) To promote litter prevention through publicity of all kinds, design and distribution of litter receptacles and encouragement of suitable legislation.

(g) To promote awareness of, and encouragement of, litter recycling.

(h) To maintain continuous and effective campaigns against the disfigurement of the landscape by litter and to encourage a responsible community attitude to cleanliness in all public places.

(i) To study available research, and development in the field, regarding litter control, removal, disposal and recycling and to study methods for the implementation of such research and development.

(j) To cooperate, where considered desirable by the Council with other organizations within the State or elsewhere on questions relating to all forms of pollution and generally to work for a clean healthy environment.

(k) To serve as the coordinating agency between organizations seeking to aid the anti‑litter effort.

(l) To liaise with local governments with a view to ensuring that the provisions of this Act are enforced in the districts of those local governments.

(m) To cooperate with local governments to accomplish co‑ordination of local anti‑litter efforts.

(n) To encourage, organize and coordinate voluntary local anti‑litter campaigns seeking to focus the attention of the public on programmes to control and remove litter.

(o) To take appropriate measures to bring the provisions of this Act to the attention of the public.

(p) To do such other acts and things as are conducive to the prevention and control of litter.

[Second Schedule amended: No. 14 of 1996 s. 4.]

Third Schedule — Institutions of proceedings

[s. 30 and 31]

[Heading amended: No. 19 of 2010 s. 4.]

Column 1	Column 2
Class of authorised officer serving infringement notice or instituting proceedings	Public authority on behalf of which notice is served or proceedings instituted
Members of the Police Force	The Commissioner of Police
Members of the council of, or employees or honorary inspectors of, a local government	That local government
Officers or employees of the Council or officers or employees whose services the Council makes use of	The Council
Inspectors under the Environmental Protection Act 1986	The CEO as defined in section 3 of the Environmental Protection Act 1986
Conservation and land management officers, forest officers, wildlife officers or rangers under the Conservation and Land Management Act 1984	The CEO as defined in section 3 of the Conservation and Land Management Act 1984
Members of the staff of The Western Australian Museum	The Western Australian Museum
Inspectors or honorary wardens under the Waterways Conservation Act 1976	The Management Authority constituted under that Act in relation to the management area in respect of which the authorised officer is exercising his powers
Fisheries officers referred to in the Fish Resources Management Act 1994	The CEO as defined in section 4(1) of the Fish Resources Management Act 1994
Bush fire liaison officers under the Bush Fires Act 1954	The FES Commissioner as defined in the Fire and Emergency Services Act 1998 section 3
Inspectors under the Western Australian Marine Act 1982	The chief executive officer as defined in section 3(1) of the Western Australian Marine Act 1982
Persons holding or acting in a prescribed office of a public authority	That public authority

[Third Schedule inserted: No. 49 of 1981 s. 7; amended: No. 53 of 1994 s. 264; No. 24 of 1995 s. 55; No. 14 of 1996 s. 4; No. 42 of 1998 s. 38; No. 28 of 2006 s. 216; No. 22 of 2012 s. 127.]

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Notes

This is a compilation of the Litter Act 1979 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title	Number and year	Assent	Commencement
Litter Act 1979	81 of 1979	11 Dec 1979	9 May 1980 (see s. 2 and Gazette 9 May 1980 p. 1446)
Litter Amendment Act 1981	49 of 1981	16 Sep 1981	Act other than s. 5(b) and (c): 16 Sep 1981 (see s. 2(1)); s. 5(b) and (c): 20 Nov 1981 (see s. 2(2) and Gazette 20 Nov 1981 p. 4718)
*Reprint of the Litter Act 1979* approved 20 Jul 1983** (includes amendments listed above)
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3	98 of 1985	4 Dec 1985	1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)
Litter Amendment Act 1986	18 of 1986	25 Jul 1986	Act other than s. 5: 22 Aug 1986 (see s. 2(1)); s. 5: 20 Mar 1987 (see s. 2(2) and Gazette 20 Mar 1987 p. 949)
Acts Amendment (Public Service) Act 1987 s. 32	113 of 1987	31 Dec 1987	16 Mar 1988 (see s. 2 and Gazette 16 Mar 1988 p. 813)
Acts Amendment (Education) Act 1988 Pt. 8	7 of 1988	30 Jun 1988	8 Jul 1988 (see s. 2 and Gazette 8 Jul 1988 p. 2371)
Acts Amendment (Public Sector Management) Act 1994 s. 19	32 of 1994	29 Jun 1994	1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Fish Resources Management Act 1994 s. 264	53 of 1994	2 Nov 1994	1 Oct 1995 (see s. 2 and Gazette 29 Sep 1995 p. 4649)
Acts Amendment (Fines, Penalties and Infringement Notices) Act 1994 Pt. 12	92 of 1994	23 Dec 1994	1 Jan 1995 (see s. 2(1) and Gazette 30 Dec 1994 p. 7211)
Aboriginal Heritage Amendment Act 1995 s. 55	24 of 1995	30 Jun 1995	1 Jul 1995 (see s. 2 and Gazette 30 Jun 1995 p. 2781)
Sentencing (Consequential Provisions) Act 1995 Pt. 48	78 of 1995	16 Jan 1996	4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)
Litter Amendment Act 1996	6 of 1996	24 May 1996	s. 1 and 2: 24 May 1996; Act other than s. 1 and 2: 20 Jul 1996 (see s. 3 and Gazette 19 Jul 1996 p. 3455)
Local Government (Consequential Amendments) Act 1996 s. 4	14 of 1996	28 Jun 1996	1 Jul 1996 (see s. 2)
Education Amendment Act 1996 s. 16(7)	22 of 1996	11 Jul 1996	11 Jul 1996 (see s. 2(1))
Financial Legislation Amendment Act 1996 s. 57 and 64	49 of 1996	25 Oct 1996	25 Oct 1996 (see s. 2(1))
*Reprint of the Litter Act 1979* as at 14 Nov 1996** (includes amendments listed above)
Trustees Amendment Act 1997 s. 18	1 of 1997	6 May 1997	16 Jun 1997 (see s. 2 and Gazette 10 Jun 1997 p. 2661)
Acts Amendment (Land Administration) Act 1997 Pt. 39	31 of 1997	3 Oct 1997	30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765)
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 44	10 of 1998	30 Apr 1998	30 Apr 1998 (see s. 2(1))
Fire and Emergency Services Authority of Western Australia (Consequential Provisions) Act 1998 s. 38	42 of 1998	4 Nov 1998	1 Jan 1999 (see s. 2 and Gazette 22 Dec 1998 p. 6833)
*Reprint of the Litter Act 1979* as at 4 Jan 1999** (includes amendments listed above)
School Education Act 1999 s. 247	36 of 1999	2 Nov 1999	1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7904)
Environmental Protection Amendment Act 2003 s. 68(4)	54 of 2003	20 Oct 2003	19 Nov 2003 (see s. 2 and Gazette 18 Nov 2003 p. 4723)
Local Government Amendment Act 2004 s. 13	49 of 2004	12 Nov 2004	1 Apr 2005 (see s. 2 and Gazette 31 Mar 2005 p. 1029)
Courts Legislation Amendment and Repeal Act 2004 s. 141	59 of 2004	23 Nov 2004	1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 74 2	55 of 2004	24 Nov 2004	1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 78 and 80	84 of 2004	16 Dec 2004	2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 7 Div. 3	28 of 2006	26 Jun 2006	1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)
*Reprint 4: The Litter Act 1979* as at 25 Aug 2006** (includes amendments listed above)
Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 100	77 of 2006	21 Dec 2006	1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 86	8 of 2009	21 May 2009	22 May 2009 (see s. 2(b))
Acts Amendment (Bankruptcy) Act 2009 s. 52	18 of 2009	16 Sep 2009	17 Sep 2009 (see s. 2(b))
Standardisation of Formatting Act 2010 s. 4	19 of 2010	28 Jun 2010	11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Public Sector Reform Act 2010 s. 89	39 of 2010	1 Oct 2010	1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
Industrial Legislation Amendment Act 2011 Pt. 6	53 of 2011	11 Nov 2011	1 Apr 2012 (see s. 2(b) and Gazette 16 Mar 2012 p. 1246)
*Reprint 5: The Litter Act 1979* as at 11 May 2012** (includes amendments listed above)
Fire and Emergency Services Legislation Amendment Act 2012 Pt. 7 Div. 8	22 of 2012	29 Aug 2012	1 Nov 2012 (see s. 2(b) and Gazette 31 Oct 2012 p. 5255)
Litter Amendment Act 2012	30 of 2012	3 Sep 2012	s. 1 and 2: 3 Sep 2012 (see s. 2(a)); Act other than s. 1 and 2: 21 Nov 2012 (see s. 2(b) and Gazette 20 Nov 2012 p. 5685)
*Reprint 6: The Litter Act 1979* as at 20 Mar 2015** (includes amendments listed above)
COVID‑19 Response and Economic Recovery Omnibus Act 2020 Pt. 5 Div. 2 Subdiv. 2	34 of 2020	11 Sep 2020	12 Sep 2020 (see s. 2(b))
Directors’ Liability Reform Act 2023 Pt. 3 Div. 37	9 of 2023	4 Apr 2023	5 Apr 2023 (see s. 2(j))

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title	Number and year	Assent	Commencement
Aquatic Resources Management Act 2016 s. 367	53 of 2016	29 Nov 2016	To be proclaimed (see s. 2(b))

Other notes

1 Repealed by the Associations Incorporation Act 1987.

2 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

appointed area 5(1)

Association 35(2)

authorised officer 5(1)

bill 5(1)

Chairman 5(1)

Chamber of Commerce and Industry 9(6)

Council 5(1)

Department 5(1)

Fund 5(1)

infringement notice 27A(1A), 30(1)

land 5(1)

law of the State 4(4)

litter 5(1)

member of the Council 5(1)

post 5(1)

prescribed 5(1)

private land 5(1)

proceedings 31(4)

prosecution notice 27A(1A)

public authority 5(1)

public place 5(1)

relevant time 27A(1A)

responsible person 27A(1A)

specified 33(5)

supporting member 5(1)

waters 5(1)

Western Australia

Litter Act 1979

Western Australia

Litter Act 1979

Contents

Part I — Preliminary

Short title 2
Commencement 2
Effect of Act on other laws 2
Terms used 2

Part II — The Keep Australia Beautiful Council (W.A.)

Council established etc. 5
Objects and functions 5
Powers 5
Members of Council and appointment etc. of 6
Chairman 8
Deputy Chairman 8
Members etc., application of other laws to 9
Supporting members 9
Committees 10
Staff 11
Staff and facilities of departments etc., use of 11
Professional people, engagement of 12

Part III — Finance and accounts

Keep Australia Beautiful Council (W.A.) Fund 13
Investing part of Fund, powers as to 14
Use of Fund 14
Financial Management Act 2006 and Auditor General Act 2006, application of 15

Part IV — Prevention of litter

Littering, offence 16
Breaking glass etc., offence 16

24A. Bill posting, offence 17

24B. Inciting etc. bill posting, offence 17

Rubbish bins etc., owner of certain land may be required to provide etc. 18

Part V — Enforcement, proceedings and penalties

Authorised officers, appointment and jurisdiction of etc. 20
Authorised officers, powers of 22

27A. Offences involving vehicles, presumptions as to offender etc. 23

27AA. Honorary inspectors, appointment of 26

The Act defines several central legal and administrative concepts that determine scope and operation.

Litter and deposit: "litter" has a broad statutory definition (s 5(1)) covering "all kinds of rubbish, refuse, junk, garbage or scrap" and "any articles or material abandoned or unwanted by the owner or the person in possession thereof", but specifically excludes dust, smoke and similar emissions from normal industrial operations. Litter is treated as deposited if placed, left, dropped, thrown, allowed to fall, or carried by wind or water onto land or into waters (s 5(2)). The core offence is depositing or causing litter to be deposited on land or waters (s 23).

Land, public place, private land and appointed area: "land" is any land in the open air and "waters" is defined widely (s 5(1)). "Public place" is linked to the Local Government Act 1995 definition of "thoroughfare" (s 5(1)). "Appointed area" denotes areas set aside by a public authority for deposit of litter (s 5(1)) and is an express statutory exception to the offence in s 23. The Act draws a legal distinction between private land and land where consent must be shown as a defence (s 32); the definition of "private land" is subject to the requirements of s 32 and the Act imposes a burden on defendants to prove the land status and consent where relied upon (s 32).

Bills and bill posting: "bill" is defined broadly to include posters, placards, handbills, stickers or other promotional material (s 5(1)). Sections 24A and 24B create specific offences for leaving or posting bills on objects on or adjacent to public places or vacant land and for inciting others to do so. There are specified exceptions (consent of owner/occupier; posting in letterboxes is excluded) (s 24A).

Authorised officers and enforcement classes: "authorised officer" includes Police and persons appointed under s 26(2) within specified jurisdictional limits. Section 26 lists numerous classes of officers (inspectors under various Acts, museum staff, fisheries officers, bushfire liaison officers, and prescribed public authority officers); the Third Schedule maps the class of authorised officer to the public authority on whose behalf proceedings are instituted. A local government may appoint honorary inspectors (s 27AA). Authorised officers have investigatory powers (require name and address; require information concerning vehicle control) and can issue orders to remove offending material (s 27).

Vehicle presumptions and statements: Section 27A alters evidential and procedural burdens in cases where littering or breaking of glass occurs from a vehicle and the officer cannot identify the actual offender. The driver or person in charge, or a responsible person for the vehicle, is taken to have committed the offence, but a 14‑day statutory process allows the named person to provide a written statement (by oath or statutory declaration) identifying the true offender or explaining their lack of knowledge; production of that statement has evidentiary consequences (s 27A(1)-(5)). The section cross‑references the Road Traffic (Administration) Act 2008 and the Road Traffic Act 1974 for the definition of "responsible person".

Keep Australia Beautiful Council (W.A.) and Fund: The Council is a corporate body with functions set in the Second Schedule (s 6-7), and the Fund (s 18) is the statutory account to which parliamentary appropriations, voluntary contributions from manufacturers/distributors, gifts, income, disposal proceeds, subscriptions and penalties may be credited (s 18(2)-(3)). The Council’s financial administration is subject to the Financial Management Act 2006 and the Auditor General Act 2006 (s 21).

Regulations and rules: The Governor may make regulations for administration and litter control generally, including prescribing offences and penalties for the infringement‑notice regime (s 33). The Council may make rules about its internal affairs, supporting member meetings and subscriptions (s 34). Regulations may delegate discretionary authorities and vary application geographically or temporally (s 33(4)).

Enforcement outcomes and remedies: Courts may order remediation (clean up and removal) instead of or in addition to penalty (s 28) and may order payment of costs for removal (s 29). Infringement notices are an administrative enforcement route with specified notice, withdrawal and effect provisions (s 30). The allocation of fines recovered depends on which public authority instituted proceedings (s 31).

These concepts form the legal building blocks that determine who may be liable, who enforces, what defences exist and how enforcement is financed.

The Act distributes duties, powers and financial interactions across identifiable groups. The principal affected parties are the following.

Individuals and general public: All natural persons are subject to the primary prohibitions in Part IV. Individuals who deposit litter, break glass, or post bills without necessary consent commit offences (ss 23, 24, 24A) with stated maximum penalties (see Part IV). Individuals may also be required to give their name and residence or information to an authorised officer (s 27(1)) and face penalties for providing false or misleading information (s 27(3)).

Bodies corporate and commercial actors: Corporations face higher maximum fines for the core offences (s 23, 24, 24A specify $10,000 for bodies corporate versus $5,000 for individuals). The Act expressly contemplates contributions to the Council’s Fund from "manufacturers and distributors" of products capable of becoming litter or their agents (s 18(3)(b)). The Council’s membership regimen requires specific industry representation by Ministerial appointment on nomination from industry bodies (s 9), meaning certain industry actors have an institutional role in the Council’s governance.

Owners and occupiers of land and those with control: Section 25 imposes active duties on owners or persons in control of public‑frequented land to provide and maintain specified numbers and types of litter receptacles, place them appropriately, advise the public authority they have complied and ensure receptacles are emptied as required (ss 25(2), (10)-(11)). Non‑compliance attracts penalty and a daily penalty for ongoing contraventions (s 25(9)).

Vehicle drivers and responsible persons: Section 27A treats offences involving vehicles as prima facie attributable to the driver or person in charge, or if the driver cannot be identified, to a responsible person under road traffic legislation. That shifts investigatory and evidential pressure onto vehicle drivers, fleet owners and those who control vehicles to produce statements or evidence to rebut the presumption within prescribed timeframes.

Local governments and public authorities: Local governments have multiple operational roles. They may be the enforcing authority within their districts (s 26(1)(c)), appoint honorary inspectors (s 27AA), serve notices under s 25 requiring landowners to provide receptacles, and recover penalties - penalties recovered in proceedings instituted by a local government go to that local government (s 31(1)). The Act also enables public authorities to request the Council exercise powers on their behalf (s 25(3)). The Third Schedule identifies many classes of authorised officers and the public authority on whose behalf proceedings are taken.

Keep Australia Beautiful Council (W.A.): The Council itself is a central actor: it is empowered to educate, coordinate, accept contributions and grants, employ staff and exercise delegated functions (ss 7-8, 15-17, 18-21, Second Schedule). Its membership includes nominees from specified industry and public bodies (s 9) and supporting members may affiliate (s 13). The Council also receives funds from penalties and subscription income (s 18(3)(f)).

Enforcement officers and agencies: Officers of the Police Force are automatic authorised officers (s 26(1)(a)). The CEO defined in the Environmental Protection Act 1986 may appoint a range of officers as authorised officers (s 26(2)), such as EP Act inspectors, conservation officers, fisheries officers and others listed. The Third Schedule spells out which public authority is regarded as instituting proceedings when its officers serve infringement notices.

Advertisers and event organisers: Persons and businesses whose marketing relies on physical posters, handbills, stickers or bills must observe s 24A and obtain consent from the owner or occupier of the object before posting bills on objects on or adjacent to public places or vacant land. Leaving bills in letterboxes is specifically exempted (s 24A(3)).

Recipients of remedies and services: Owners, occupiers or authorities who must pay for clean up can recover costs from convicted offenders (s 29). The Fund and the Council’s grant‑making power (s 20) mean community groups and organisations engaged in anti‑litter projects are potential recipients of grants.

Financial contributors and donors: The Fund accepts parliamentary appropriations and voluntary contributions from manufacturers and distributors (s 18(3)). It also receives proceeds from disposal of property, investment income and penalties credited to the Fund where proceedings are not instituted by a specific public authority (s 31(3)).

Researchers, lawyers and compliance advisers: Those advising affected parties must navigate the interface between the Act’s offences, the regulations the Governor may make under s 33 and overlapping environmental, traffic and local laws referenced throughout the Act (s 4, s 33 cross‑references to Environmental Protection Act 1986 etc.). The Act’s allocation of enforcement functions across many classes of officers means the identity of the enforcing agency can vary by location and by activity.

In short, the Act’s operation touches almost all participants in public space , ordinary members of the public, commercial manufacturers and distributors, landowners and occupiers, local governments, sectoral public authorities and the Council as coordinating body , with different duties and financial implications defined in the text.

The Act allocates concrete duties to particular actors and preserves procedural rights and defences. Below are the principal duties and legally cognisable rights contained in the text.

Duties to refrain from specific conduct

Do not deposit litter on land or into waters, or cause it to be deposited, except in defined exceptions (s 23). Exceptions include deposit on private land by consent, in an appointed area, in a place or receptacle set aside for deposit, or on land adjacent to private land by arrangement with a public authority (s 23).
Do not break glass, metal or earthenware on land or into waters, except on private land by consent or in an appointed area with consent of the public authority that set it aside (s 24).
Do not leave or post bills on objects on or adjacent to public places or vacant land without owner/occupier consent; do not leave/post bills in or on unoccupied vehicles in a public place without consent (s 24A).
Do not incite or procure others to commit unauthorised bill posting (s 24B).

Duties on owners or controllers of frequented land

Provide and maintain specified numbers and types of litter receptacles on land frequented by the public if required by notice from the public authority, and place them effectively (s 25(2)(a)-(b)).
Advise the public authority when receptacles are provided (s 25(10)).
Empty provided receptacles as necessary or as required by the public authority (s 25(11)).
Non‑compliance with a s 25 notice attracts a fine and a daily penalty (s 25(9)).

Duties to co‑operate with authorised officers

Provide full name and usual place of residence when required (s 27(1)).
Vehicle owners or persons in control must, if required, give information in their power that leads to identification of driver or person in charge where a vehicle is implicated in an offence (s 27(1a)). Failure to provide such information or to comply with other requisitions is an offence punishable by a specified fine (s 27(1a), (3)).

Duties within the vehicle presumption regime

If an infringement or prosecution notice is served under the vehicle presumption provisions, a person served has 14 days to furnish an affidavit/statutory declaration identifying the actual offender or verifying lack of knowledge. The statutory statement carries evidential weight (s 27A(1)-(5)).

Council and administrative duties

The Council must pursue the objects and functions set out in the Second Schedule (s 7; Second Schedule), which include education, publicity, liaising with local government and promoting recycling.
The Council must administer the Fund, including receiving appropriations, contributions, gifts and penalties (s 18); it may invest and apply the Fund subject to approvals (ss 19-20).
The Council must keep accurate minutes and observe disclosure rules for pecuniary interests (First Schedule clauses 7-8).

Rights, defences and procedural protections

Defence of consent on private land: to rely on consent as a defence, a defendant must show the land is of the type described in s 32(a) (alienated Crown land, leased reserves, land held under conditional purchase agreements or other specified occupation rights) and that the act was performed with specific prior consent of a lawful occupier or owner, or the court is otherwise satisfied of consent (s 32).
Right to apply for review to the State Administrative Tribunal: persons dissatisfied with a s 25 notice may apply to SAT for review (s 25(6)).
Right to judicial orders: courts may order remediation and payment of costs instead of or in addition to penalty (ss 28-29). Courts may extend time for compliance or make further orders on summons (s 28(4)).
Infringement notice process: alleged offenders may pay the prescribed penalty under an infringement notice as an alternative to prosecution; payment constitutes a conviction for the purposes of the Act but does not prejudice civil claims (s 30(1), (5)-(6)). Infringement notices can be withdrawn within 28 days and payment refunded (s 30(4)).
Rights to inspect authorisation: appointed authorised officers must be issued a certificate of appointment that evidences their jurisdiction and must produce it on reasonable demand (s 26(4)(c)).

Administrative and governance rights

Supporting members may participate and meet to discuss Council matters (s 13).
Members of the Council and their deputies have defined appointment, resignation and vacancy rules and are subject to pecuniary‑interest disclosure requirements (s 9; First Schedule).

Financial rights and obligations

Penalties collected by particular public authorities are credited to those authorities or to the Fund depending on who instituted proceedings (s 31). The Council’s financial administration is conducted under the Financial Management Act 2006 and subject to audit (s 21).

In summary, the Act sets standard criminal and administrative duties aimed at preventing deposition of litter and bill posting, places practical obligations on land controllers and vehicle responsible persons, and provides rights in the form of administrative review, judicial orders and rules for the offence/infringement process. Compliance therefore requires attention to both the substantive prohibitions and the administrative pathways created by the Act.

The Act sets out explicit penalty levels, enforcement classes, procedural mechanisms for administrative enforcement (infringement notices) and judicial remedies. Below are the statutory enforcement levers and penalty architecture.

Primary penalties in the statute

Depositing litter (s 23): for an individual, a fine of $5,000; for a body corporate, $10,000.
Breaking glass, metal or earthenware (s 24): same scale as littering , $5,000 individual, $10,000 corporate.
Bill posting (s 24A): penalty for individuals $5,000; for bodies corporate $10,000. Posting bills in letterboxes is excluded (s 24A(3)).
Inciting, counselling or procuring unauthorised bill posting (s 24B): flat penalty of $10,000, applicable to both natural persons and bodies corporate (s 24B(2)).

Other specified penalties

Failure by a person to provide vehicle‑identifying information when required under s 27(1a) carries a fine of $1,000 (s 27(1a)).
Failure to comply with a requisition under s 27 or to give false/misleading information carries a fine of $1,000 (s 27(3)).
Failure to comply with a s 25 notice to provide litter receptacles is a fine of $1,000 and a daily penalty of $100 for each day of continuing offence (s 25(9)).
Regulations may prescribe offences with penalties not exceeding $5,000 (s 33(3)) and for the purpose of infringement notices may prescribe penalties not exceeding $2,000 or different penalties up to $2,000 according to circumstances (s 33(2)(h)).

Enforcement actors and jurisdiction

Authorised officers: members of the Police Force, persons appointed under s 26(2) by the CEO as defined in the Environmental Protection Act 1986, and within a local government district certain local government members/employees and honorary inspectors (s 26(1)-(2), 27AA). The certificate of appointment evidences jurisdiction and must be produced on reasonable demand (s 26(4)(c)).
The Third Schedule links the class of authorised officer to the public authority on whose behalf infringement notices or proceedings are taken (Third Schedule).
An authorised officer may require name and residence, require information to identify vehicle drivers, order removal or deposition of offending material, and serve infringement notices (s 27, 27A, 30).
Local governments and other prescribed public authorities may institute proceedings and receive penalties (s 31). Where proceedings are instituted by or on behalf of a local government, penalties recovered go to that local government (s 31(1)); where proceedings are by or on behalf of a public authority with a fund, penalties go to that fund (s 31(2)); otherwise penalties are credited to the Council’s Fund (s 31(3)).

Administrative enforcement via infringement notices

An authorised officer may serve an infringement notice for a prescribed offence (s 30(1)). The notice informs the person that, as an alternative to prosecution, the person may pay the prescribed penalty to an officer specified in the notice.
Infringement notices may be served personally or by post within 30 days of the occurrence giving rise to the allegation (s 30(2)). The recipient may pay the penalty, decline to be dealt with under the scheme (s 30(3)), or be subject to withdrawal of notices within 28 days which triggers refund if payment has been made (s 30(4)-(5)).
Payment of a penalty pursuant to an infringement notice constitutes a conviction for the purposes of the Act but does not prejudice civil claims (s 30(6)).

Judicial remedies and follow‑on orders

Courts may order offenders to clean up and remove offending material instead of or in addition to imposing penalties, and may impose an additional penalty up to $1,000 for non‑compliance with a clean‑up order (s 28(1)).
Courts may also order offenders to pay reasonable sums to owners, occupiers or persons in control for cleaning up and removal where a person is convicted or fails to comply with a clean‑up order (s 29). Such amounts are recoverable as a judgment debt (s 29(2)).
Proceedings for offences can therefore result in both punitive fines and compensatory orders.

Vehicle presumption backstop

Section 27A creates a statutory presumption that the driver or person in charge of the vehicle at the relevant time, or a responsible person, committed the offence if the investigating authorised officer cannot establish who did so (s 27A(1)). This is a practical enforcement device to enable action where identifying the physical offender is difficult.
The presumption is displaceable by a timely statutory statement (on oath or by statutory declaration) within 14 days after service of an infringement or prosecution notice that identifies the true offender or verifies lack of knowledge; production of the statement is evidence in subsequent proceedings (s 27A(2)-(5)).

Administrative oversight and financial accountability

The Council’s financial operations are subject to the Financial Management Act 2006 and the Auditor General Act 2006 (s 21), which imposes statutory reporting and audit obligations on the Council in relation to the administration of the Fund.

The enforcement architecture combines criminal sanctions, administrative fines (infringement notices), remedial court orders and cost recovery mechanisms, distributed across multiple enforcing bodies and underpinned by the vehicle presumption and statutory evidentiary pathways for displacing it. The Act permits regulation to tailor penalties and prescribe offences for the infringement‑notice regime (s 33), so enforcement practice can vary by regulation.

The Act explicitly situates itself within a larger statutory ecosystem and cross‑references several other Western Australian Acts, creating layered compliance obligations and jurisdictional overlap.

Non‑derogation and concurrent prosecution

The Act declares that its provisions are complementary and not in derogation of other laws of the State and that it does not prevent prosecution under any other law for the same conduct, nor limit liability under another law to a different or higher penalty (s 4(1)-(2)). The Act therefore coexists with other statutory regimes and allows concurrent enforcement under environmental, traffic or local government legislation where the same conduct engages multiple statutes.

Other Acts and administrative cross‑appointments

Section 26(2) authorises the CEO, as defined in the Environmental Protection Act 1986 s 3(1), to appoint a range of officers as authorised officers for purposes of the Litter Act. That provision explicitly connects enforcement under the Litter Act to enforcement structures under the EP Act and to officers under other statutes such as the Conservation and Land Management Act 1984, the Waterways Conservation Act 1976, the Fish Resources Management Act 1994, the Bush Fires Act 1954 and the Western Australian Marine Act 1982 (s 26(2)(c)(i)-(ix)). The Third Schedule maps authorised officer classes to the public authority on whose behalf proceedings are instituted.

Evidence and traffic legislation

The vehicle‑responsible person concept in s 27A references the Road Traffic (Administration) Act 2008 s 6 and, if not in operation, the Road Traffic Act 1974 s 5A for the definition of "responsible person" (s 27A(1A)). This cross‑reference integrates vehicle registration, ownership and administrative responsibility constructs from traffic law into litter enforcement.

Financial and auditing statutes

The Council’s financial administration and audit obligations are explicitly governed by the Financial Management Act 2006 and the Auditor General Act 2006 (s 21). The Fund is to be an "agency special purpose account" under FMA s 16 or, with Treasurer approval, a bank account (s 18(2)). Those cross‑references place the Council within the State’s financial accountability regime.

Local Government Act and public place definitions

"Public place" is defined with reference to the Local Government Act 1995 definition of "thoroughfare" (s 5(1)), anchoring the Litter Act’s scope over public thoroughfares and giving local governments a direct operational role (s 26(1)(c); s 27AA).

Sentencing and criminal procedure

Section 4(3) preserves operation of s 11 of the Sentencing Act 1995, signalling that sentencing principles and orders available under that Act remain applicable. The infringement notice mechanism cross‑references the Criminal Procedure Act 2004 for prosecution notice procedures in s 27A and s 30 references offences prescribed by regulation (s 33(2)(g)) that feed into the infringement scheme.

Environmental protection and pollution

Regulations under s 33(2)(c) permit rules "regulating the disposal of boxes, packets, bags, bottles, tins and other containers" and "things of no use to their possessor", so that disposal will not contribute to litter nor "pollution or environmental harm within the meaning of the Environmental Protection Act 1986". That expressly aligns regulatory content with EP Act concepts of pollution and environmental harm.

Administrative review and tribunal jurisdiction

Section 25(6) permits review of a notice served under s 25 to be made to the State Administrative Tribunal. The compilation notes also indicate conferral and transitional provisions arising from the State Administrative Tribunal Act 2004 and related amendments. This creates an administrative review pathway that integrates with Western Australia’s tribunal system.

Practical interactions and potential overlaps

A single incident (for example, dumping of a contaminated load from a commercial vehicle) may trigger multiple regimes: litter offence under this Act (s 23), environmental enforcement under the EP Act (where pollution or environmental harm is alleged), transport load‑securing offences under regulations made pursuant to s 33(2)(f) or under road traffic statutes, and local government by‑laws addressing waste and refuse. The Act allows multiple prosecutions (s 4(2)) and allocates fines depending on who prosecutes (s 31), so coordinating enforcement among agencies is a statutory design feature.

In short, the Litter Act is intended to operate in tandem with several other State laws. Its enforcement apparatus leverages officers appointed under other statutes, its definitions draw on other Acts, it provides for tribunal review, and its financial and reporting obligations are integrated into State public‑sector governance frameworks. Advisers and practitioners should therefore map overlap with the EP Act, road traffic laws, the Local Government Act, and the Financial Management and Auditor General Acts when advising clients or coordinating enforcement actions.

The Act has undergone multiple amendments since its 1979 commencement. The compilation table and amendment notes in the source list specific amending Acts and dates. Below are the principal legislative movements and notable inserted provisions as recorded in the compilation.

Original enactment and early amendments

Litter Act 1979 (No 81 of 1979), assented 11 December 1979, commenced 9 May 1980 (s 2) as compiled at the head of the source.
Litter Amendment Act 1981 (No 49 of 1981) amended parts of the Act and included changes to s 5(b) and (c) later in 1981. Reprint approved 20 July 1983 incorporated that amendment.

Mid‑1990s rewrites and additions

Acts Amendment (Financial Administration and Audit) Act 1985 and subsequent reprints integrated financial administration changes relevant to the Council (reprint and amendments listed).
Significant changes were made in the mid‑1990s: the Litter Amendment Act 1996 (No 6 of 1996) inserted new provisions including s 24A (bill posting) and s 24B (inciting bill posting) and s 27A (vehicle presumption) according to the marginal notes and amendment citations. The Act as reprinted after 1996 incorporated those changes.

Institutional and cross‑statute alignments

Multiple amending Acts linked the Act to other administrative frameworks: for example the Acts Amendment (Public Sector Management) Act 1994 and subsequent public sector reforms (e.g. Public Sector Reform Act 2010) affected how officers and staff are treated (s 12 and s 15 amendments noted). The Financial Legislation Amendment and Repeal Act 2006 and consequent updates integrated the Council’s financial administration into the Financial Management Act 2006 and Auditor General Act 2006 (s 21 inserted by No 98 of 1985 and later amended No 77 of 2006 Sch 1 cl 100(2)).

Local government, enforcement and procedural reforms

Amendments in 2004-2005 reworked aspects of authorised officers and the Third Schedule (No 53 of 1994; No 24 of 1995; No 42 of 1998; No 28 of 2006; No 22 of 2012 references in the Third Schedule note). The State Administrative Tribunal conferral (No 55 of 2004 and related Acts) altered review pathways (s 25(6) references the State Administrative Tribunal).
The Local Government Amendment Act 2004 (No 49 of 2004) inserted or amended provisions relevant to local government participation, which is reflected in the compilation table noting commencement 1 April 2005.

2012 Litter Amendment Act and subsequent updates

The Litter Amendment Act 2012 (No 30 of 2012) made further changes to the Act, with commencement of the substantive provisions on 21 November 2012. The 2012 Act is cited in the source for amendments to ss 23-31 and elsewhere, and the Reprint 5 and Reprint 6 entries evidence consolidation dates.

Recent changes and deletions

The compilation notes the deletion of s 24C by the Directors’ Liability Reform Act 2023 (No 9 of 2023) with commencement 5 April 2023. The source also shows reinsertion and deletion of other clauses over the years (for example, clause numbers in s 9 have been amended multiple times to reflect changing nominative bodies).
Numerous reprints (1983, 1996, 1999, 2006, 2012, 2015) reflect consolidation points that incorporate preceding amendments.

Specific procedural insertions

Section 21 making the Council subject to the Financial Management Act 2006 and Auditor General Act 2006 appears in amendment notes (inserted and amended over time).
The creation of the vehicle presumption and the statutory 14‑day statement procedure was an explicit policy insertion in the 1996 amendment (s 27A inserted No 6 of 1996 s 10).

Amendment record summary

The compilation table at the end of the Act lists the succession of amending Acts, their assent and commencement dates in detail (from 1979 through to 2023). Practitioners should consult that compilation table and the WA legislation website for consolidated text and for any uncommenced provisions listed separately.

Readers should treat the compilation table as authoritative for the amendment chronology set out in the source. For advice on the legal effect of specific amending Acts or transitional provisions, consult the particular amending Act and any reprint notes listed in the compilation table.

The Act’s text and accompanying compilation do not cite judicial decisions or contain a list of cases decided under the Litter Act. The source document contains no named cases, and no litigation summaries are included in the compilation notes.

What the Act does provide in lieu of case citations

Statutory procedures for enforcement (infringement notices, court proceedings, evidence presumptions under s 27A) are set out in detail so that litigation, where it occurs, will turn on statutory interpretation of those provisions, factual questions about consent and land status (s 32), evidentiary weight of statutory statements (s 27A(5)) and the exercise of judicial discretion under s 28 and s 29 regarding remediation and cost orders.
The Act provides for administrative review in relation to s 25 notices by application to the State Administrative Tribunal (s 25(6)), so there may be tribunal decisions addressing notices to provide receptacles or directions to landowners. Any decisions of the State Administrative Tribunal or courts that interpret s 25, s 27A, s 32 or the scope of authorised officers would be relevant to practice.

Practical guidance for research

Because the Act itself does not record litigation, practitioners seeking the litigation history should search WA jurisprudence and tribunal decisions databases for:
- prosecutions and sentencing under ss 23, 24, 24A, 24B;
- appellate or superior court rulings on interpretation of s 27A (vehicle presumptions and statutory statements), s 32 (defence of consent on private land), and s 25 (notices to provide receptacles);
- State Administrative Tribunal decisions reviewing s 25 notices;
- judicial review actions challenging administrative acts of public authorities or authorised officers under the Act.

No presumption is made by the Act about the existence, volume or content of litigation; the text provides procedural mechanisms that will generate case law in time, but the source contains no case names to report. Researchers should consult Westlaw AU, AustLII, Jade and WA tribunal databases for post‑enactment decisions interpreting the Act.

The Act contains provisions that can produce practical or legal surprises if not attended to. Below are specific points to watch for in advisory, compliance and operational settings, linked to the Act’s text.

Vehicle presumption and burden shifts (s 27A)

If littering or breaking of glass occurs "from a vehicle" and the actual offender cannot be identified, the driver or person in charge at the relevant time, or a "responsible person" for the vehicle, is taken to have committed the offence (s 27A(1)). That statutory presumption makes fleet owners and vehicle controllers immediate enforcement targets where identity is uncertain.
Rebutting the presumption requires timely action: a written statement on oath or by statutory declaration must be given within 14 days after service of an infringement notice or prosecution notice and must identify the other person or verify inability to identify (s 27A(2)-(4)). Practitioners should note the strict timeframe and evidentiary form.

Definition of private land and the defence of consent (s 32)

The defence of consent on private land is not simply any inner‑property consent; s 32 requires demonstration that the land is of specified types (alienated Crown land, conditional purchase/lease, reserved land leased, or other land with occupancy rights not principally for mining) and that the act was carried out with specific prior consent of a lawful occupier or owner (s 32(a)(i)-(iv)). The defence requires evidentiary proof and may be narrowly construed if facts fall outside the categories.

Appointment and jurisdiction of authorised officers (s 26)

Authorised officer status is not uniform: appointment is by the CEO defined in the EP Act or by local governments for their employees/council members; certificates of appointment specify the area of jurisdiction and must be produced on reasonable demand (s 26(2), (4)(c)). Practically, authorised‑officer powers may vary by geographic scope and by the underlying appointing statute, so enforcement authority is fragmented.

Infringement notice timing and effect (s 30)

Infringement notices may be posted up to 30 days after the occurrence (s 30(2)). Recipients must decide whether to pay (which constitutes a conviction under the Act (s 30(6))), or decline and face prosecution. A withdrawal mechanism exists (28 days) allowing refund if notice is withdrawn (s 30(4)).
Payment as a statutory conviction does not bar civil claims arising from the same occurrence (s 30(6)). Parties should be aware that paying an infringement might resolve criminal/administrative liability but not civil liability for clean‑up costs.

Landowner obligations and daily penalties (s 25)

Landowners or persons in control of areas frequented by the public may be required by written notice to provide and maintain specified receptacles within not less than 60 days of service (s 25(2), (5)). Non‑compliance attracts a fine plus a daily penalty of $100 for each day the offence continues (s 25(9)). Owners must also ensure receptacles are emptied as necessary (s 25(11)). The daily accrual element can create significant liability for ongoing non‑compliance.

Allocation and destination of penalties (s 31)

The destination of recovered penalties depends on the prosecuting authority. Penalties recovered by local governments are paid to the local government, penalties recovered in proceedings instituted by a public authority with a fund are paid to that fund, and other penalties are credited to the Council’s Fund (s 31). This matters when advising clients about likely use of revenue and which authority will be motivated to prosecute.

Regulatory flexibility and scope for variable penalties (s 33)

Regulations can prescribe offences for the purposes of the infringement scheme and set prescribed penalties up to $2,000 for those offences or impose penalties up to $5,000 for breaches of regulations (s 33(2)(h), (3)). This allows the regulatory regime to create a menu of lower‑level enforcement options, so practitioners should check current regulations as they may differ from the statutory maximums in the Act.

Council composition and pecuniary‑interest rules (s 9; First Schedule cl 8)

Section 9 prescribes that a number of Council appointments are to be made on nomination by specific industry bodies (soft drink manufacturers, packaging council, Chamber of Commerce and Industry for various sectors, UnionsWA, conservation bodies and others). Members must disclose pecuniary interests and can be required by the majority to take no part in a matter (First Schedule cl 8). Practically, this structure embeds industry representation which has governance consequences for decision‑making and may require careful conflict‑of‑interest management.

Evidentiary effect of statutory statements (s 27A(5))

A statement given under the vehicle provisions is "evidence of the facts stated in it and in the absence of evidence to the contrary is sufficient evidence of those facts" (s 27A(5)). If a person gives an identifying statement and another person is subsequently served, the statement will be used in evidence against that person (s 27A(5A)-(5B)). This creates procedures that can decisively shape subsequent prosecutions.

Interaction with other statutes and concurrent proceedings (s 4)

The Act allows for concurrent prosecutions under other laws for the same occurrence (s 4(2)), so actors may face multiple regulatory regimes and separate penalties for the same conduct (e.g. littering and pollution). Advisers should map parallel obligations, especially regarding the Environmental Protection Act 1986 where pollution or environmental harm may be in issue.

These specific provisions can produce compliance traps without careful procedures, particularly for vehicle owners, landowners subject to notices, advertisers, and organisations that must manage industry representation on the Council. Checking current regulations and enforcement practices, preserving evidence of consent, and responding promptly to statutory notices are practical ways to avoid these "gotchas."

Compliance under the Litter Act 1979 requires both preventive systems and procedural readiness. The steps below are practical measures tailored to different actor types, with statutory anchors referenced.

For individuals and members of the public

Do not deposit litter or break glass in public places or waters: avoid leaving refuse in public places (s 23), and do not post bills without owner/occupier consent (s 24A).
If stopped by an authorised officer, provide name and full usual residence if required (s 27(1)). If asked to provide vehicle identification information, comply (s 27(1a)) , failure to do so attracts a fine (s 27(1a), (3)).
If served with an infringement notice, assess whether to pay the prescribed penalty within the time specified to avoid prosecution (s 30(1), (3)). Remember payment constitutes a conviction for the Act’s purposes but does not extinguish civil claims (s 30(6)).

For vehicle owners, fleet managers and transport operators

Recognise the vehicle presumption (s 27A). Implement record‑keeping, driver logs, GPS tracking and CCTV to identify drivers and respond promptly to a s 27A notice within 14 days with a statutory declaration or affidavit, if required, to avoid being taken to have committed the offence (s 27A(2)-(4)).
Train drivers on load‑securing and refuse control; ensure cargo covering and load‑securing systems reflect regulatory requirements (s 33(2)(f) authorises regulation of vehicle load covering).
Establish internal procedures for rapid investigation of any littering incident to assemble evidence to rebut presumption or to comply with requests from authorised officers.

For owners and persons in control of land frequented by the public

Monitor whether a public authority has served a written notice under s 25 requiring provision and maintenance of litter receptacles. If a notice is served, comply within the specified time (not less than 60 days from service) or apply for review to the State Administrative Tribunal (s 25(5)-(6)).
Ensure the specified number and types of receptacles are placed and maintained in positions where they will be most effective and emptied as often as necessary (s 25(2), (11)). Record compliance and communications with the public authority and provide prompt advice to the authority when receptacles are installed (s 25(10)).
Maintain contracts with waste‑removal services to evidence that receptacles are emptied adequately and to manage cost liability for removal.

For businesses that manufacture, distribute or package products capable of becoming litter

Consider voluntary contributions to the Council’s Fund where appropriate and consistent with commercial strategy; s 18(3)(b) contemplates voluntary industry contributions to the Fund.
Where marketing uses physical posters, placards, stickers or handbills, secure prior written consent from the owner/occupier of any object on or adjacent to a public place where bills will be posted; maintain documentary evidence of consent to rely on it as a defence under s 24A and s 32 where relevant.
Implement packaging and distribution strategies to minimise potential for packaging to become litter, and prepare to engage with regulatory guidance and the Council’s educational programmes (Second Schedule).

For local governments and public authority enforcers

Appoint authorised officers and honorary inspectors where needed under s 26 and s 27AA; ensure certificates of appointment specify jurisdiction and that officers can produce certificates on reasonable demand (s 26(4)(c)).
Use s 25 to require owners or controllers of frequented land to provide and maintain litter receptacles. Document reasons for notices and ensure proper service. Prepare to respond to SAT review applications under s 25(6).
When instituting proceedings or serving infringement notices, follow s 30 procedural requirements including timelines for service (s 30(2)) and withdrawal rules (s 30(4)). Be aware of destination rules for recovered penalties (s 31).

For the Keep Australia Beautiful Council (W.A.)

Ensure governance and pecuniary‑interest disclosure compliance under the First Schedule (clauses 7-8) and manage the Fund in accordance with Financial Management Act and Auditor General Act obligations (s 21).
Use the Fund for authorised purposes: administration, grants, salaries, and approved activities to pursue the objects in the Second Schedule (s 20).
Publish guidance for supporting members and coordinate with local governments per the Council’s functions (Second Schedule paras (l)-(n)).

For advertisers and event organisers

Obtain written consent from owners or occupiers before affixing bills to objects adjacent to public places or leaving them in or on unoccupied vehicles (s 24A). Keep consents available to present to authorised officers or courts if required.
Avoid unauthorised flyposting; inciting others to poster is a distinct offence (s 24B).

Record‑keeping and operational controls (cross‑actor)

Keep contemporaneous records of consents, waste‑collection schedules, CCTV footage and driver rosters.
Establish standard operating procedures to respond to authorised officer requests, to gather statutory declarations where needed, and to engage counsel promptly if prosecutions or SAT review actions commence.
Train frontline staff to identify authorised officers and to request to see appointment certificates where jurisdiction is unclear (s 26(4)(c)).

Legal response and dispute procedures

If served with a s 25 notice and the recipient believes the notice is unreasonable, apply to the State Administrative Tribunal for review within the window specified; do not ignore the statutory 60‑day start window before the notice comes into force if compliance is impracticable (s 25(5)-(6)).
If served with an infringement notice, decide whether to pay or to contest; payment constitutes a conviction but ends enforcement under the Act for that offence (s 30(5)-(6)). If contesting a vehicle presumption under s 27A, ensure the statutory statement complies with form and timeframe requirements.

Check regulations and local instruments

Review current regulations made under s 33 and local laws that intersect with the Act; regulations can prescribe distinct offences and penalties for the infringement regime and may include load‑securing, distribution of publicity material and receptacle specifications (s 33(2)(a)-(h)). Local government by‑laws may also create parallel requirements.

Following these steps, with contemporaneous documentary evidence and swift procedural responses, will materially reduce the risk of prosecution, fines and remedial orders under the Litter Act.

Deep Dive

What it does

Current sections

Litter Act 1979

Part I — Preliminary

1. Short title

2. Commencement

4. Effect of Act on other laws

5. Terms used

Part II — The Keep Australia Beautiful Council (W.A.)

6. Council established etc.

7. Objects and functions

8. Powers

9. Members of Council and appointment etc. of

10. Chairman

11. Deputy Chairman

12. Members etc., application of other laws to

13. Supporting members

14. Committees

15. Staff

16. Staff and facilities of departments etc., use of

17. Professional people, engagement of

Part III — Finance and accounts

18. Keep Australia Beautiful Council (W.A.) Fund

19. Investing part of Fund, powers as to

20. Use of Fund

21. Financial Management Act 2006 and Auditor General Act 2006, application of

Part IV — Prevention of litter

23. Littering, offence

24. Breaking glass etc., offence

24A. Bill posting, offence

24B. Inciting etc. bill posting, offence

25. Rubbish bins etc., owner of certain land may be required to provide etc.

Part V — Enforcement, proceedings and penalties

26. Authorised officers, appointment and jurisdiction of etc.

27. Authorised officers, powers of

27A. Offences involving vehicles, presumptions as to offender etc.

27AA. Honorary inspectors, appointment of

28. Court may order offender to remove litter etc.

29. Court may order offender to pay costs of removing litter etc.

30. Infringement notices

31. Penalties, application of

32. Defence of consent, proof of

Part VI — Regulations and rules

33. Regulations

34. Rules

Part VII — Transitional

35. Commencement and interpretation

36. Dissolution of former Association

37. Property, proceedings etc.

38. Membership

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply

Part I — Preliminary

1. Short title

2. Commencement

4. Effect of Act on other laws

5. Terms used

Part II — The Keep Australia Beautiful Council (W.A.)

6. Council established etc.

7. Objects and functions

8. Powers

9. Members of Council and appointment etc. of

10. Chairman

11. Deputy Chairman

12. Members etc., application of other laws to

13. Supporting members

14. Committees

15. Staff