Subdivision 4.3.3 Dealing with litter affecting amenity etc
24BA Meaning of amenity impact
(1) For this Act, a person causes an amenity impact if—
(a) the person deposits litter at an open private place; and
(b) the depositing of the litter has, or is likely to have, a significant
adverse impact on the amenity, use or enjoyment of an entity’s
adjoining land.
Example
A person’s yard contains numerous vehicles in a deteriorated state that have been
left undisturbed for a significant period. There is no indication that the person is
carrying out repair or other work on the vehicles and the surrounding area is
overgrown and neglected. The yard is unsightly and significantly affects the
neighbours’ enjoyment of their land.
(2) For subsection (1), in deciding whether an amenity impact is
significant, regard must be had to the nature, quantity and volume of
the litter and the length of time of the impact.
24BB Complaints about amenity impacts
(1) A person may give a written complaint to an authorised person about
an amenity impact.
(2) An authorised person must investigate the complaint having regard to
any code of practice approved under section 24ZA.
(3) If, on investigation, an authorised person decides not to issue an
abatement notice in relation to the amenity impact, the officer must
give a written notice of that decision to the complainant, informing
the complainant about any available ways of settling the matter
privately.
Enforcement Part 4
Dealing with litter Division 4.3
Section 24BC
R15
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Litter Act 2004
Effective: 26/12/25
page 29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
24BC Notification about proposed abatement notice
(1) If an authorised person proposes to give a person an abatement notice,
the authorised person must give the person a written notice (a show
cause notice) stating—
(a) the grounds on which the authorised person considers an
abatement notice may be given; and
(b) details of the proposed abatement notice; and
(c) that the person may, not later than 14 days after the day the
person is given the notice, give a written submission to the
authorised person about the proposed abatement notice.
(2) The authorised person must consider any submission received by the
authorised person in response to the show cause notice when making
a decision to give or not give an abatement notice to the person.
24BD Abatement notices
(1) This section applies if an authorised person—
(a) has considered a submission mentioned in section 24BC (2);
and
(b) is satisfied on reasonable grounds that it is appropriate in all the
circumstances, to give the person a notice to abate the amenity
impact (an abatement notice).
(2) If the authorised person has reasonable grounds for believing that an
amenity impact exists, the authorised person may give an abatement
notice to—
(a) the person who deposited litter and caused the impact; or
(b) if the person cannot be identified—the person who occupies the
place from which the impact originates.
Note For how documents may be given, see the Legislation Act, pt 19.5.
Part 4 Enforcement
Division 4.3 Dealing with litter
Section 24BD
page 30 Litter Act 2004
Effective: 26/12/25
R15
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(3) In determining whether to give an abatement notice in relation to an
amenity impact, the authorised person—
(a) must have regard to the number of people affected, or potentially
affected, by the impact; and
(b) must have regard to any disability that a person causing the
impact may have; and
(c) must have regard to the physical, mental or financial capacity of
the person causing the impact to reasonably comply with the
proposed abatement notice; and
(d) may have regard to any reasonable steps that a person causing
the impact has or has not taken to avoid or minimise the impact;
and
Example
placing protective covers over vehicles that are in a state of disrepair in a
person’s yard to indicate the items are of some use or value to the person
(e) may have regard to any reasonable steps that a person adversely
impacted, or potentially adversely impacted has or has not taken
to avoid or minimise the impact, or potential impact on the
person.
(4) An abatement notice—
(a) must state the amenity impact which is required to be abated;
and
(b) must state the period within which the amenity impact is to be
abated; and
(c) may state steps to be taken to prevent the amenity impact from
happening again and the period or periods within which they are
to be undertaken.
(5) An abatement notice continues in force until revoked in accordance
with section 24BG.
Enforcement Part 4
Dealing with litter Division 4.3
Section 24BE
R15
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Effective: 26/12/25
page 31
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
24BE Not giving abatement notice
(1) This section applies if, after considering a submission under
section 24BC (2) received from a person, the authorised person is
satisfied on reasonable grounds that an abatement notice—
(a) may not be given to the person; or
(b) may be given, but that in all the circumstances it is not
appropriate to be given.
(2) The authorised person must give the person written notice telling the
person that an abatement notice will not be given to the person in
relation to the matters raised in the show cause notice.
24BF Abatement notice—extension of compliance period
(1) Before the end of a compliance period stated in an abatement notice
under section 24BD (4) (b) or (c), an authorised person may extend
the period.
(2) An extension—
(a) may be given on the application of the person given the
abatement notice, or on the authorised person’s initiative; and
(b) must be in writing given to the person given the abatement
notice.
(3) If an authorised person refuses an application for an extension, the
person must give written notice to the applicant of the refusal stating
the reasons for the refusal.
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).
Part 4 Enforcement
Division 4.3 Dealing with litter
Section 24BG
page 32 Litter Act 2004
Effective: 26/12/25
R15
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
24BG Abatement notice—revocation
(1) A person given an abatement notice in relation to an amenity impact
may apply for revocation of the notice.
(2) An application must—
(a) be in writing; and
(b) be addressed to the authorised person who gave the notice; and
(c) state the action taken to comply with the notice by the person
given the notice and any further measures taken to prevent the
amenity impact from happening again; and
(d) nominate a date on or after which an inspection may be made.
(3) The authorised person must, on application or on the authorised
person’s initiative, revoke the abatement notice if satisfied, after
carrying out an inspection—
(a) that the notice has been complied with; and
(b) that adequate measures have been taken to prevent the amenity
impact from happening again.
(4) The revocation must be in writing given to the person given the
abatement notice.
(5) If an authorised person refuses an application for revocation, the
authorised person must give written notice to the applicant of the
refusal stating the reasons for the refusal.
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).
Enforcement Part 4
Dealing with litter Division 4.3
Section 24BH
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Effective: 26/12/25
page 33
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
24BH Abatement orders
(1) The director-general may apply to the Magistrates Court for any of
the following orders in relation to a person given an abatement notice:
(a) that the person—
(i) comply with the notice; and
(ii) undertake, or stop taking, stated action to prevent the
amenity impact from happening again;
(b) if the amenity impact has been removed but is likely to happen
again—that the person undertake, or stop taking, stated action to
prevent the amenity impact from happening again;
(c) that if the person fails to comply with an order made by the court
under subsection (3) (a) or (b), an authorised person may, after
the expiration of the compliance period stated in the order, enter
a place to which the order relates and do whatever is necessary
to implement the order;
(d) that the person pay the reasonable costs and expenses, as
determined by the court—
(i) of the application; and
(ii) incurred by the Territory in implementing, or attempting to
implement, any order made under subsection (3) (c).
(2) In considering an application, the court—
(a) must have regard to any disability that a person causing the
amenity impact may have; and
(b) must have regard to the physical, mental or financial capacity of
the person causing the impact to reasonably comply with an
order proposed to be made by the court under subsection (3);
and
(c) may consider any relevant report from anyone about the amenity
impact.
Part 4 Enforcement
Division 4.3 Dealing with litter
Section 24BH
page 34 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
(3) The court may make any of the following orders in relation to the
person given an abatement notice:
(a) that the person comply with the notice within a period stated in
the order;
(b) that to prevent the amenity impact from happening again, the
person undertake, or stop taking, stated action within a period
stated in the order;
(c) that if the person fails to comply with an order under
paragraph (a) or (b), an authorised person may, after the
expiration of the compliance period stated in the order, enter a
place to which the order relates and do whatever is necessary to
implement the order.
(d) that the person pay the reasonable costs and expenses, as
determined by the court—
(i) of the application; and
(ii) incurred by the Territory in implementing, or attempting to
implement, an order under paragraph (c).
(4) If the court makes an order under subsection (3) (c), an authorised
person must not enter the place to which the order relates unless—
(a) the authorised person has given the person a written notice
stating the date and time of the proposed entry at least 7 days
before the date; and
(b) the time of entry stated is on a working day between 8 am and
6 pm.
(5) Also, for an order under subsection (3) (c), an authorised person
must—
(a) enter only the part of the place necessary to implement the order
using any reasonable and necessary force and assistance; and
Enforcement Part 4
Dealing with litter Division 4.3
Section 24BI
R15
26/12/25
Litter Act 2004
Effective: 26/12/25
page 35
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) not remain at the place longer than necessary to implement the
order.
(6) A person must comply with an order under subsection (3) (a), (b)
or (d).
Maximum penalty: 50 penalty units.
(7) The court may revoke an order under subsection (3) (a) or (b) on
application by the person in relation to whom the order was made, or
the director-general, if satisfied—
(a) that the order has been complied with; and
(b) that there is no reasonable likelihood of the circumstances
giving rise to the making of the order happening again.
24BI Joint and separate responsibility for amenity impacts
(1) This section applies if—
(a) an authorised person has reasonable grounds for believing that
an amenity impact exists; and
(b) either—
(i) the authorised person has reasonable grounds for believing
that 2 or more people have caused the impact; or
(ii) if the person or people causing the impact cannot be
identified—2 or more people occupy the place from which
the impact originates.
(2) Each person who has caused the impact, or occupies the place from
which the impact originates—
(a) may be given an abatement notice; and