sec.103General littering provision

### sec.103 General littering provision A person must not litter at a place. Maximum penalty— if the offence involves dangerous littering—40 penalty units; or otherwise—30 penalty units. For subsection (1) , a person litters at a place if the person deposits at the place an amount of waste that is less than 200L in volume. However, a person who deposits at a place an amount of waste of less than 200L in volume (the relevant waste ) does not litter at the place if— the person is an occupier of the place; or the person deposits the relevant waste with the consent of an occupier of the place; or the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste. Despite subsection (3) , a person who deposits at a place on a road an amount of waste of less than 200L in volume (also the relevant waste )— commits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but does not commit an offence under subsection (1) if the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste. A person would commit an offence under subsection (1) if the person, on a road under the control of a local government, deposited 50L of waste in a waste bin placed on the road by a road maintenance contractor, with the local government’s agreement, for the purpose of collecting waste road material. For subsection (1) , depositing waste that is a vaping device or vaping accessory under the Tobacco and Other Smoking Products Act 1998 is taken to be dangerous littering. In this section— dangerous littering means depositing waste that causes or is likely to cause harm to a person, property or the environment. throwing a lit cigarette onto dry grass in extreme fire danger conditions smashing a bottle and leaving the broken glass on a footpath leaving a syringe in a public place other than in a container intended for receiving used syringes s 103 amd 2024 No. 51 s 37 (sec.103-ssec.1) A person must not litter at a place. Maximum penalty— if the offence involves dangerous littering—40 penalty units; or otherwise—30 penalty units. (sec.103-ssec.2) For subsection (1) , a person litters at a place if the person deposits at the place an amount of waste that is less than 200L in volume. (sec.103-ssec.3) However, a person who deposits at a place an amount of waste of less than 200L in volume (the relevant waste ) does not litter at the place if— the person is an occupier of the place; or the person deposits the relevant waste with the consent of an occupier of the place; or the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste. (sec.103-ssec.4) Despite subsection (3) , a person who deposits at a place on a road an amount of waste of less than 200L in volume (also the relevant waste )— commits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but does not commit an offence under subsection (1) if the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste. A person would commit an offence under subsection (1) if the person, on a road under the control of a local government, deposited 50L of waste in a waste bin placed on the road by a road maintenance contractor, with the local government’s agreement, for the purpose of collecting waste road material. (sec.103-ssec.5) For subsection (1) , depositing waste that is a vaping device or vaping accessory under the Tobacco and Other Smoking Products Act 1998 is taken to be dangerous littering. (sec.103-ssec.6) In this section— dangerous littering means depositing waste that causes or is likely to cause harm to a person, property or the environment. throwing a lit cigarette onto dry grass in extreme fire danger conditions smashing a bottle and leaving the broken glass on a footpath leaving a syringe in a public place other than in a container intended for receiving used syringes - (a) if the offence involves dangerous littering—40 penalty units; or - (b) otherwise—30 penalty units. - (a) the person is an occupier of the place; or - (b) the person deposits the relevant waste with the consent of an occupier of the place; or - (c) the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste. - (a) commits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but - (b) does not commit an offence under subsection (1) if the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste. - • throwing a lit cigarette onto dry grass in extreme fire danger conditions - • smashing a bottle and leaving the broken glass on a footpath - • leaving a syringe in a public place other than in a container intended for receiving used syringes