13Littering and damage

#### 13 Littering and damage 13 Littering and damage > > (1) A person must not— > > > > > (a) deposit or leave any litter in a park except in an area or receptacle provided by the park authority for that purpose, or > > > > > (b) if no area or receptacle for litter is provided by the park authority—fail to remove from the park all litter taken into or created by the person in the park, or > > > > > (c) deposit or leave any waste in a park, or > > > > > (c1) deposit or leave asbestos waste, within the meaning of the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), in a park, or > > > > > (d) deposit, discharge or leave in a park any offal, filth, dung or dead animal or any noisome, noxious, offensive or polluting substance, matter or thing, or > > > > > (e) wilfully break any article of glass, china, pottery or plastic in a park, or > > > > > (f) write or paint or otherwise mark or affix any bill, notice or advertisement on or to, or deface by painting, carving, scratching or any other means, or damage, destroy, remove or interfere with, any fixture, improvement, rock, tree, equipment, water supply or Aboriginal object in a park, or > > > > > (g) deposit, leave or abandon a vehicle or part of a vehicle in a park, or > > > > > (h) carry or possess, interfere with, dig up, cut up, collect or remove for any purpose any soil, sand, gravel, fossil, clay, rock, ochre, mineral, timber (whether or not consisting of or including dead timber), gum resin, humus or other natural substance or object in a park, whether on land or on or under water, or > > > > > (i) dam, divert or pollute the water in any waters or water tank in a park, or > > > > > (j) carry, possess or use any spray cans of paint, or any boltcutters, oxy-acetylene equipment, angle grinder or other cutting equipment in a park, or > > > > > (k) possess or have custody of any key or other similar device that is capable of opening any lock or other device securing a gate or barricade located in a park, or > > > > > (l) discharge stormwater into a park. > > > > Maximum penalty—50 penalty units. > > > (2) A person does not commit an offence under this clause— > > > > > (a) for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject, or > > > > > (b) if the act or omission occurred in or in relation to a ski resort area in Kosciuszko National Park and was necessary for the carrying out of— > > > > > > > (i) development in accordance with a development consent (within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)), or > > > > > > > (ii) an activity, whether by or pursuant to an approval of a determining authority, if the determining authority has complied with Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > > > (iii) a project approved under Part 3A of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > > > (iv) State significant infrastructure approved under Division 5.2 of Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > (c) if the act or omission occurred in or in relation to a place in Kosciuszko National Park (other than a ski resort area) and was necessary for the carrying out of development in accordance with a development consent that is taken to have been granted to Snowy Hydro Limited under section 41(4) of the [Snowy Hydro Corporatisation Act 1997](/view/html/inforce/current/act-1997-099), or > > > > > (d) if the act or omission was authorised by or under Part 2 of the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065), the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165) or the [State Emergency Service Act 1989](/view/html/inforce/current/act-1989-164) and was reasonably necessary in order to avoid a threat to life or property. > > > (3) A person does not commit an offence under subclause (1)(h) if the substance or object referred to in that paragraph— > > > > > (a) was obtained by the person from a person authorised to sell such substances or objects or from an area outside a park, or > > > > > (b) is firewood— > > > > > > > (i) that has been provided at established visitor use areas in the park where the burning of fires is permitted, or > > > > > > > (ii) that comes from deadfalls of timber, if timber is not provided at established visitor use areas in the park. > > > (4) Subclause (3)(b)(ii) does not permit a person to collect deadfalls of timber for firewood in contravention of a notice (as referred to in clause 6) or an oral direction (as referred to in clause 7). > > > (5) A person does not commit an offence under subclause (1)(j) or (k) merely because the person carries or possesses any object referred to in that subclause on a road traversing a park if the person does not stop in the park. > > > (6) For the purposes of subclause (1)(c), waste includes the following— > > > > > (a) rubbish and refuse, > > > > > (b) marine craft, aircraft and parts of them, > > > > > (c) household effects, appliances and materials, > > > > > (d) clothing, > > > > > (e) containers, > > > > > (f) agricultural, building, commercial and industrial materials, > > > > > (g) machinery, plant and equipment and parts of them, > > > > > (h) chemicals, minerals and metals, > > > > > (i) vegetable matter, > > > > > (j) stone, sand, shells, clay, earth and ash, > > > > > (k) radioactive material. > > > (7) In this clause— > > > > divert includes extract water (whether by means of a pump or not) otherwise than pursuant to, and in accordance with the conditions of, a water licence issued under Division 3 of Part 2 of the [Water Act 1912](/view/html/inforce/current/act-1912-044) by a competent authority. > > **cl 13:** Am 2025 (329), Sch 1\[24\] \[25\].