9ADumping litter

9A Dumping litter (1) A person commits an offence if— (a) the person dumps litter at a public place or an open private place; and (b) the volume of litter is 200L or more but less than 1 000L. Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Part 3 Offences Section 9A page 10 Litter Act 2004 Effective: 26/12/25 R15 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A person commits an offence if— (a) the person dumps litter at a public place or an open private place; and (b) the volume of litter is 1 000L or more. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (3) A person commits an offence if— (a) the person dumps litter at a public place or an open private place; and (b) the volume of litter is 200L or more but less than 1 000L; and (c) the person is reckless about whether the litter, or part of the litter, escapes, or is likely to escape— (i) from the public place into or onto another public place or an open private place; or (ii) from the open private place into or onto a public place or another open private place. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (4) A person commits an offence if— (a) the person dumps litter at a public place or an open private place; and (b) the volume of litter is 1 000L or more; and (c) the person is reckless about whether the litter, or part of the litter, escapes, or is likely to escape— (i) from the public place into or onto another public place or an open private place; or

Offences Part 3 Section 9A R15 26/12/25 Litter Act 2004 Effective: 26/12/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) from the open private place into or onto a public place or another open private place. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (5) Subsections (1) and (2) do not apply to the dumping of litter at a place with the consent of the occupier of the place. (6) Subsections (3) and (4) do not apply to the dumping of litter at a place with the consent of the occupier of the place only if the litter is unlikely to escape. (7) Subsections (1) to (4) do not apply to— (a) the placing of a receptacle containing litter at a public place for the litter to be removed by a waste collection service; or (b) the dumping of litter at a public place or an open private place in a receptacle that is— (i) provided or designed to be used for litter; and (ii) appropriate for litter of that size, shape, nature and volume; or (c) the dumping of litter in accordance with an invitation from a public servant in the exercise of the public servant’s functions; or (d) the dumping of litter at a public landfill or waste facility in accordance with the requirements for dumping litter at the landfill or facility. (8) Subsections (1) to (4) do not apply if the dumping of the litter is accidental and the person takes all reasonable steps to retrieve the litter. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) to s (7) (see Criminal Code, s 58). (9) Strict liability applies to subsections (1) (b), (2) (b), (3) (b) and (4) (b).