Sch 1may be added to or amended by regulation—see section 51(2)(a) and (b).

Schedule 1 may be added to or amended by regulation—see section 51(2)(a) and (b). (2) For the purposes of subsection (1)(b), conditions on premises will be taken to be insanitary if an authorised officer reasonably believes that— (a) the premises are so filthy or neglected that there is a risk of infestation by rodents or other pests; or (b) offensive material or odours are emitted from the premises. (3) In this section— animals includes insects. 18—Causing local nuisance (1) A person who carries on an activity intentionally or recklessly and with the knowledge that local nuisance will result is guilty of an offence. (a) in the case of a body corporate—$60 000; (b) in the case of a natural person—$30 000. (2) A person who carries on an activity that results in local nuisance is guilty of an offence. (a) in the case of a body corporate—$20 000; (b) in the case of a natural person—$10 000. (3) For the purposes of this section— (a) the occupier or person in charge of a place at or from which the activity that results in local nuisance is carried on will be taken to have carried on the activity (but without affecting the liability of any other person in respect of the activity); (b) a reference to carrying on an activity includes a reference to a failure to act. If the activity occurs in, at or from a vehicle or in connection with the use of a vehicle, the owner of the vehicle is, under section 26, taken to have committed an offence. 19—Exemptions from application of section 18 (1) A person will be exempt from the application of section 18 in respect of a specified activity if the council for the area in which the activity is to be carried on declares, by notice in writing, in accordance with this section, that the person is so exempt. Examples— The following are examples of activities for which an exemption may be declared: (a) construction or demolition works; (b) concerts or events; (c) activities using amplified sound. (2) An application for a declaration under this section must be made to a council in the manner and form prescribed by regulation and must be accompanied by— (a) a site nuisance management plan containing the details prescribed by regulation; and (b) any other information in connection with the application that the council may require; and (c) a fee of an amount fixed by regulation. (3) A council must not make a declaration under this section unless it is satisfied that— (a) there are exceptional circumstances that justify the making of the declaration; and (b) the applicant's nuisance management plan adequately sets out the measures that the person will take to prevent, minimise or address any anticipated adverse effects from the specified activity on the amenity value of the area concerned. (4) A declaration may be unconditional or subject to conditions, including (but not limited to) conditions relating to— (a) the permitted times or periods of time for carrying on the activity; or (b) the manner of carrying on the activity. (5) The council may, by further notice in writing, vary or revoke a declaration under this section. (6) A declaration under this section has effect from the date specified in the declaration and remains in force according to its terms for a period not exceeding 3 months specified in the declaration or until revoked by the council. (7) A council must publish a declaration made under this section, and any variations of the declaration, on a website determined by the council. 20—Person must cease local nuisance if asked A person must, on request by an authorised officer, cease an activity, or remove from premises owned or occupied by the person any substance, material or thing that, in the opinion of the authorised officer, is causing local nuisance. Maximum penalty: $5 000. Expiation fee: $210. 21—Regulations for purposes of Division Regulations may be made for the purposes of this Division and may, without limitation— (a) prohibit, restrict or regulate an activity, or the use or sale of a substance, material or thing, or the use or installation of equipment or infrastructure relevant to the prevention or management of local nuisance; and (b) prohibit, restrict or regulate the manufacture, possession, transport, storage, use or disposal of a substance, material, equipment or thing that causes local nuisance; and (c) provide for the removal or destruction of a substance, material, equipment or thing that causes local nuisance; and (d) provide for compliance standards, and testing or monitoring standards, procedures or techniques (including sensory techniques), to be applied or used by authorised officers in detecting or identifying local nuisance; and (e) provide for the taking, analysis or testing of samples relevant to detecting, identifying or monitoring local nuisance including— (i) the persons who may take, analyse or test those samples; and (ii) the places where those samples may be analysed or tested; and (iii) the reporting of the results of the analysis or testing of those samples. Division 2—Litter control 22—Disposing of litter (1) A person must not dispose of litter onto any land or into any waters. (a) for an offence involving the disposal of any amount of class A hazardous litter— (i) in the case of a body corporate—$250 000; (ii) in the case of a natural person—$120 000 or imprisonment for 2 years; (b) for an offence involving the disposal of 50 litres or more of class B hazardous litter or general litter— (i) in the case of a body corporate—$60 000; (ii) in the case of a natural person—$30 000 or imprisonment for 6 months; (c) for an offence involving the disposal of up to 50 litres of class B hazardous litter—$10 000; (d) for an offence involving the disposal of up to 50 litres of general litter—$5 000. Expiation fee: (a) for an offence involving the disposal of 50 litres or more of class B hazardous litter or general litter—$1 000; (b) for an offence involving the disposal of up to 50 litres of class B hazardous litter—$500; (c) for an offence involving the disposal of up to 50 litres of general litter—$210. (2) For the purposes of subsection (1)— (a) if litter is discarded, deposited, blows or falls from premises or a vehicle onto land or into waters, it is taken to have been disposed of onto the land or into the waters; and (b) a person will be taken to have disposed of litter onto land or into waters if the person caused or allowed the litter to be disposed of onto the land or into the waters; and (c) the occupier or person in charge of a place from which litter is discarded or deposited or blows or falls will be taken to have disposed of the litter (but without affecting the liability of any other person in respect of the disposal). If the disposal of litter occurs from a vehicle or in connection with the use of a vehicle, the owner of the vehicle is, under section 26, taken to have committed an offence. (3) However, subsection (1) does not apply to the disposal of litter— (a) in a council area— (i) in a bin or other receptacle provided by the council for litter of that kind; or (ii) in some other manner approved or authorised by the council; or (b) at a depot, facility or works of a kind described in Schedule 1 Part A clause 3 of the Environment Protection Act 1993 at which such material is received; or (c) if the litter consists of a vehicle to which sections 236 and 237 of the Local Government Act 1999 apply; or (d) in accordance with an approval, consent, licence, permit, exemption or other authorisation or entitlement granted by a council or granted under any Act or law of this State or the Commonwealth. (4) In any proceedings where it is alleged that a person contravened subsection (1), it will be a defence if it is proved that— (a) the litter was disposed of on that person's property or on some other person's property with that other person's consent; or (b) the disposal was accidental and the person has, as soon as becoming aware of the disposal, taken all reasonable steps to retrieve the litter. (5) In this section, unless the contrary intention appears— class A hazardous litter means domestic or commercial waste comprised of— (a) asbestos; (b) material containing asbestos; (c) any substance, material or thing of a kind prescribed by regulation; (d) a combination of litter referred to in a preceding paragraph of this definition and any other litter; class B hazardous litter means— (a) when disposed of onto land or into waters— (i) live cigarettes or cigarette butts; (ii) used syringes; (iii) waste glass (whether or not broken); (iv) any substance, material or thing of a kind prescribed by regulation; (v) a combination of litter referred to in a preceding paragraph of this definition and general litter; (b) when disposed of into waters—any disused or decommissioned vehicle, appliance or device or part of such a vehicle, appliance or device or any other structure or thing that an authorised officer reasonably suspects is being used, or is intended for use, in the waters as an artificial reef; general litter means any solid or liquid domestic or commercial waste, and includes, without limitation— (a) cigarettes or cigarette butts; (b) chewing gum; (c) food or food scraps; (d) beverage containers; (e) packaging; (f) clothing, footwear or other personal accessories or personal items; (g) furniture; (h) garden cuttings or clippings or other plant matter; (i) garden landscaping material; (j) dead or diseased animals; (k) vehicles or vehicle parts; (l) machinery or equipment used in farming or agriculture; (m) demolition material (including, but not limited to, clay, concrete, rock, sand, soil or other inert mineralogical matter); (n) building or construction material or equipment; (o) any material or thing used or generated in the course of carrying on a prescribed activity of environmental significance; (p) any substance, material or thing of a kind prescribed by regulation, but does not include hazardous litter; hazardous litter means class A hazardous litter or class B hazardous litter; litter means general litter or hazardous litter; surface waters means— (a) marine waters within the meaning of the Environment Protection Act 1993; and (b) naturally occurring inland waters; and (c) artificially created bodies of water or streams that are for public use or enjoyment; waste has the same meaning as in the Environment Protection Act 1993; waters means surface waters or underground waters. 23—Bill posting (1) A person must not post a bill on property without the consent of the owner or occupier of the property. Maximum penalty: $10 000. Expiation fee: $315. (2) If a bill is posted on property in contravention of subsection (1), a person who distributed or authorised the distribution of the bill for posting is guilty of an offence. (a) in the case of a body corporate—$20 000; (b) in the case of a natural person—$10 000. (3) In any proceedings where it is alleged that a person contravened subsection (2), it will be a defence if it is proved that the person did not foresee and could not reasonably be expected to have foreseen the likelihood that such bills would be posted without consent. (4) If a person is convicted of an offence against subsection (1) or (2), the court may order the offender to pay to the owner or occupier of the relevant property such compensation for loss or damage caused to the property by the commission of the offence as the court considers just. (5) In this section— bill includes a flyer, brochure or poster containing promotional material, and includes anything declared by regulation to be a bill, but does not include anything declared by regulation not to be a bill. 24—Litterer must remove litter if asked A person must, on request by an authorised officer, remove a bill posted on property, or any other litter disposed of, by that person in contravention of this Division and dispose of it as directed by the authorised officer. Maximum penalty: $5 000. Expiation fee: $210. 25—Citizen's notification (1) A person who reasonably suspects another person of having committed an offence against this Division may notify the Minister or the relevant council of that suspicion by forwarding a report (a citizen's notification) to the Minister or the council in the form (which may be electronic), and containing the details (which may include images), prescribed by regulation. (2) In any proceedings, a citizen's notification constitutes evidence of the matters contained in that notification. Division 3—Miscellaneous 26—Liability of vehicle owners (1) Subject to this Part, if— (a) an activity is carried on— (i) in, at or from a vehicle; or (ii) in connection with the use of a vehicle; and (b) the activity results in an offence against section 18, 22 or 23 (a principal offence), the owner of the vehicle is guilty of an offence against this section and is liable to the same penalty as is prescribed for the principal offence and the expiation fee (if any) that is fixed for the principal offence also applies in relation to the offence against this section. (2) The owner of a vehicle and the person who committed the principal offence (the alleged principal offender) are not both liable through the operation of this section to be found guilty of, or to expiate, an offence arising out of the same circumstances, and consequently a finding of guilt in relation to, or expiation by, the owner exonerates the alleged principal offender and conversely a finding of guilt in relation to, or expiation by, the alleged principal offender exonerates the owner. (3) An expiation notice or expiation reminder notice given under the Expiation of Offences Act 1996 to the owner of a vehicle for an alleged offence against this section involving the vehicle must be accompanied by a notice inviting the owner, if he or she was not the alleged principal offender, to provide the council or officer specified in the notice, within the period specified in the notice, with a statutory declaration— (a) setting out the name and address of the person who the owner believes to have been the alleged principal offender; or (b) if he or she had transferred ownership of the vehicle to another prior to the time of the alleged principal offence and has complied with the Motor Vehicles Act 1959 or the Harbors and Navigation Act 1993 (as the case may require) in respect of the transfer—setting out details of the transfer (including the name and address of the transferee). (4) If the vehicle is owned by 2 or more persons— (a) a prosecution for an offence against this section may be brought against 1 of the owners or against some or all of the owners jointly as co-defendants; and (b) if the case for the prosecution is proved and a defence is not established, the defendant or each of the defendants who does not establish a defence is liable to be found guilty of an offence against this section. (5) Before proceedings are commenced against the owner of a vehicle for an offence against this section, the complainant must send the owner a notice— (a) setting out particulars of the alleged principal offence; and (b) inviting the owner, if he or she was not the alleged principal offender or the owner of the vehicle at the time of the alleged principal offence, to provide the complainant, within 21 days of the date of the notice, with a statutory declaration setting out any matters referred to in subsection (3)(a) or (b). (6) Subsection (5) does not apply to— (a) proceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or (b) proceedings commenced against an owner of a vehicle who has been named in a statutory declaration under this section as the alleged principal offender. (7) Subject to subsection (8), in proceedings against the owner of a vehicle for an offence against this section, it is a defence to prove— (a) that, in consequence of some unlawful act, the vehicle was not in the possession or control of the owner at the time of commission of the alleged principal offence; or (b) that the owner provided the complainant with a statutory declaration in accordance with an invitation under this section. (8) The defence in subsection (7)(b) does not apply if it is proved that the owner made the declaration knowing it to be false in a material particular. (9) If— (a) an expiation notice is given to a person named as the alleged principal offender in a statutory declaration under this section; or (b) proceedings are commenced against such a person, the notice or summons, as the case may be, must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged principal offender. (10) The particulars of the statutory declaration provided to the alleged principal offender must not include the address of the person who provided the statutory declaration. (11) In proceedings against a person named in a statutory declaration under this section for the offence to which the declaration relates, it will be presumed, in the absence of proof to the contrary, that the person was present in or at the vehicle at the time at which the alleged principal offence was committed. (12) In proceedings against the owner of a vehicle or the alleged principal offender for an offence under this Part, an allegation in the complaint that a notice was given under this section on a specified day will be accepted as proof, in the absence of proof to the contrary, of the facts alleged. (13) For the purposes of subsection (1), an activity comprised of the disposal of a substance, material or thing onto land or into waters that results in an offence against this Act will be presumed, in the absence of proof to the contrary, to have been carried on in connection with the use of a vehicle if the substance, material or thing has been disposed of onto land or into waters and the vehicle was seen arriving at that place before the disposal or leaving the place after the disposal. (14) This section does not apply in the case of a principal offence against section 22 if— (a) the vehicle from which the litter was disposed of is— (i) a taxi; or (ii) a train, tram, bus, ferry, passenger ship, or other public transport vehicle that was being used for a public purpose at the time; and (b) the litter was disposed of by a passenger of the vehicle. 27—Defence of due diligence (1) In any proceedings against a person for an offence under section 18 or 22, it is a defence to prove that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence. (2) Without limiting subsection (1), in the case of an offence committed or allegedly committed by a person in the course of undertaking a prescribed activity of environmental significance (to the extent referred to in section 5(5)), it is not proved that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence unless it is proved that the person— (a) had taken reasonable steps to prevent or avoid the circumstances that gave rise to the offence including by putting in place any systems or safeguards that might reasonably be expected to be in place; and (b) complied with the requirements of any notice under this Act that related to preventing or managing the circumstances that gave rise to the offence; and (c) as soon as becoming aware of the circumstances that gave rise to the offence— (i) reported those circumstances to the Minister or the relevant council; and (ii) took all reasonable steps necessary to prevent or reduce those circumstances. (3) A person who would, but for the defence provided by this section, have contravened section 18 or 22 is, despite that defence, to be taken to have contravened that provision for the purposes of— (a) any proceedings under section 33 in respect of the contravention; and (b) the issuing or enforcement of a nuisance abatement notice or litter abatement notice in respect of the contravention; and (c) the making by a court of an order under section 45 in proceedings for an offence in respect of the contravention. (4) This section does not apply in relation to a person who is charged with an offence under section 46. 28—Alternative finding If, in proceedings for an offence against this Part, the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against this Part that carries a lower maximum penalty (determined according to relative maximum monetary penalties), the court may find the defendant guilty of the latter offence. 29—Notification to EPA of serious or material environmental harm If a council has reason to believe that an offence committed under section 18 or 22 has, or may have, resulted in material environmental harm, or serious environmental harm, within the meaning of the Environment Protection Act 1993, the council must, as soon as practicable, notify the Environment Protection Authority of that belief.