21Notice to remove etc litter

21 Notice to remove etc litter (1) This section applies if an authorised person or police officer believes on reasonable grounds that litter in a public place has been deposited by a person in contravention of this Act. (2) An authorised person or police officer may, by written notice given to the person, require the person to do either or both of the following: (a) remove or dispose of the litter from the public place; (b) restore the public place affected by the litter to a state as close as practicable to the state it was in immediately before the litter was deposited. Note If the notice is given to a person who may apply to the ACAT for review of the decision to which it relates, the notice must be a reviewable decision notice (see s 24X). (3) The notice may state— (a) how the requirement is to be carried out; and (b) the time within which the requirement must be complied with. (4) The notice must contain a statement to the effect that if the litter is not removed or disposed of, or the public place not restored, in accordance with the requirement— (a) an authorised person may authorise someone else to remove or dispose of the litter or restore the public place; and

Enforcement Part 4 Dealing with litter Division 4.3 Section 22 R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the reasonable cost of the removal, disposal or restoration is a debt due to the Territory by the person who is required to comply with the requirement. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). (5) A person commits an offence if the person— (a) is given a notice under subsection (2); and (b) fails to comply with a requirement of the notice. Maximum penalty: 20 penalty units. (6) An offence against this section is a strict liability offence.