Frequently asked questions - litter laws
Other litter questions
What do these new laws cover?
These new litter laws cover the delivery of all types of advertising material - delivery of anything that promotes a cause or product of a business, service, charity or even a community event.
How does the law identify advertising material?
Section 144A of the Protection of the Environment Operations Amendment (Littering) Act 2000 No 20 defines 'advertising material as:
'any paper product (including a leaflet, brochure or magazine), or other material thing, that contains advertising or promotional matter.'
This includes:
- leaflets from a real estate agent
- newsletters containing advertising about retail, sporting, school, community or political organisations or activities
- refrigerator magnet advertising the services of a trades person
- packets containing a free sample of detergent
The new laws do not apply to:
- parking fines left under a car windscreen wiper
- newspapers (and inserts)
- information about the RTA's mobility parking scheme that is left on a vehicle
- anything that is of such a size, shape or volume that it is not possible or appropriate for it to be deposited in a letterbox, newspaper receptacle or under a door
- anything deposited by or with the consent of the custodian of a place. It is not an offence for the custodian of a vehicle to deposit advertising material on their vehicle, or for someone else to do so with the express consent of the custodian. (In relation to parking stations, the express permission of the vehicle owners or drivers is still required. The custodian of a parking station cannot allow advertising to be placed on the vehicles parked in the station without this permission.)
Where are people allowed to put advertising material?
Advertising material can now only be deposited in three ways - directly into people's letterboxes, into newspaper receptacles or under doors to premises.
People cannot place advertising material under a vehicle's windscreen wipers (or wedged into a car door), on top of property gates or fences, in a public place, in open private places and in other inappropriate areas where it has the potential to become litter. The main exception to these restrictions is where the owner of the land or vehicle has given their express consent for the advertising material to be left.
If material is too big to go into a letterbox, newspaper receptacle or under a door, where should the deliverer put it?
Delivery of bulky advertising material should be put in a sensible place, for example, where indicated by the householder, or in such a way that it won't become litter if the wind blows. (Note - the littering and distribution of advertising laws do not regulate how advertising material is deposited within buildings).
What if the letterbox is already full? Where should the material be put?What if the letterbox is already full? Where should the material be put?
If the letterbox is full, people may leave advertising materials under doors or in a newspaper receptacle.
Who can be prosecuted?
People could be prosecuted or fined if they unlawfully deliver advertising material. They could also be prosecuted or fined if they ask someone to unlawfully deliver advertising material. Employers can also be held responsible for the actions of their employees.
What are the penalties for breaking the law?
There is a range of fines and penalties:
| "On-the-spot fines" Depositing advertising material in a public place, open private place (i.e. private land outside of a building) or on a vehicle | Penalties $200 (individuals)
$400 (corporations) |
| Causing or asking a person to deposit advertising material in a way that breaks the law | $200 (individuals)
$400 (corporations) |
| Matters taken to court Depositing advertising material in a public place, open private place ( i.e. private land outside of a building) or on a vehicle | Maximum Penalties $550 (individuals)
$550 (corporations) |
| Causing or asking a person to deposit advertising material in a way that breaks the law | $770 (individuals)
$3,300 (corporations) |
What are some examples of unlawful delivery of advertising material?
Examples include:
- Leaving a number of price lists for a take-away restaurant on top of the letterboxes outside of a group of flats. (However no offence is committed if the price lists are placed inside each letterbox.)
- Placing promotional material on top of a boundary wall or fence to residential premises
- Placing advertising material under the windscreens of vehicles parked in a parking station or in a private driveway (or wedging brochures in the door of a vehicle)
- Leaving a pile of unsecured brochures on the access footpath to a number of town houses
What are some examples of fines for the unlawful delivery of advertising material?
The local gym asks patrons to take a handful of promotional brochures and to 'plaster the neighbourhood with them. Some patrons place the brochures under car windscreen wipers.
- Appropriate penalty notice: 'Cause or ask person to contravene section 146A or 146B (section 146C)', issued to the company that runs the gym - $400.
A pest inspection business provides its employees with a supply of brochures for distribution to nearby premises when they have completed a residential pest inspection. Some employees leave the brochures on the boundary gates and walls of neighbouring properties.
- A penalty notice could be issued either to the employee (section 146A) or to the pest inspection company (section 146A, under the common law of the vicarious liability of employers for the actions of their employees).
- In many cases it may be more appropriate to issue the penalty notice to the employer. This way employers learn about the outcomes of their advertising distribution activities and are encouraged to educate staff. It could also encourage employers to take preventative action to ensure that only appropriate staff deliver advertising material in the future.
- Appropriate penalty notice: 'Deposit advertising material in place - (section 146A) issued to the pest inspection company - $400.
A real estate agent instructs a casual delivery employee to place brochures in letterboxes; however the employee leaves brochures in or on gates, fences, walls and footpaths.
- A penalty notice could be issued either to the employee (section 146A) or the real estate agent company (section 146A, under the common law of the vicarious liability of employers for the actions of their employees).
- In many cases it may be more appropriate to issue the penalty notice to the employer. This way employers learn about the outcomes of their advertising distribution activities, and are encouraged to educate staff. It could also encourage employers to take preventative action to ensure that only appropriate staff deliver advertising material in the future.
- Appropriate penalty notice: 'Deposit advertising material in place (section 146A), issued to the real estate agent company - $400.
A business operator engages an independent contractor to deliver advertising material. Some of the material is deposited on a vehicle. In this case, the contractor (not the business operator) should be held liable, either directly (if the contractor delivered the material personally) or vicariously (if the delivery was carried out by the contractor's employee).
- Appropriate penalty notice: Deposit advertising material on vehicle (section 146B), issued to the contractor - $200 or $400, depending on whether the contractor is an individual or a company.
- If there was evidence demonstrating that the contractor had asked its employees to place the advertising material on vehicles in the local car park, then the more appropriate penalty notice would be 'Cause or ask person to contravene section 146A or 146B' (section 146C), issued to the contractor - $200 or $400, depending on whether the contractor is an individual or a company.
What about people handing out advertising material?
If the person handing out the material drops it, they can be fined for littering. Handing out material is generally not against the law but sometimes permission will need to be obtained from the owner of the place where the material is being handed out. If a passerby accepts the material and then drops it, that person can be fined for littering.
What if people don't want to receive advertising material and have a "no junk mail" sign on their letterbox?
Putting mail into these people's letterboxes is not against the law but it is against the distribution industry's Code of Practice. Distributors should respect people's wishes not to receive this material. For a copy of the Code of Practice, write to the Distribution Standards Board, Level 10, 128 Exhibition St, Melbourne 3000, or email: dsb@catalogue.asn.au
What should people do if they find advertising material under their car windscreen wipers, on top of their letterboxes or in other inappropriate places?
They should advise the local council of the details so that the council can follow up with appropriate actions. These actions could include advice, warnings, fines or a combination of these approaches.
Who has responsibility for enforcing the litter laws in terms of receiving complaints or responding to enquires from the public?
In most cases, local councils deal with littering laws. A wide range of government agencies also have powers to enforce these laws, including the NSW Environment Protection Authority (EPA), National Parks and Wildlife Service and the NSW Police.
Who do people complain to at the local council if they want to report an offence?
Council reception or council call centre staff should be able to direct people to the person responsible for education and enforcement of the litter and distribution of advertising material laws.
How will councils ensure that people comply with the law?
Councils are authorised under law to take action but it is up to each council to decide how they will proceed. These actions could include advice, warnings, fines or a combination of these approaches.
An authorised officer may also choose to refer the matter to the Distribution Standards Board to allow the industry regulator and opportunity to investigate the matter.
The (DSB) is willing to take action to ensure its members comply with this new legislation. The legislation is supported by the industry's own Code of Practice with regard to correct delivery of advertising material.
What if someone makes several unlawful deliveries on the same "delivery run" i.e. "multiple breaches"? Will they be prosecuted for every inappropriate placement?
It is not appropriate to issue simultaneous or successive penalty notices for multiple breaches of the litter laws. No more than two penalty notices should be issued simultaneously or successively, unless the matter has been approved by a senior officer of the regulatory authority. Serious breeches can be dealt with by a court.
What are the procedures (for the recipient) when it is a company delivering material illegally?
Make a note of the details and advise your local council for follow-up.
What if someone leaves a pile of free "advertising" post cards on tables in shopping centres?
Unless the person has the permission of the shopping centre owner, leaving the postcards on tables is an unlawful distribution of advertising material. The appropriate way to distribute the postcards is to hand them out to people wishing to take them, or distribute them into letterboxes, into newspaper receptacles, or under doors.
How should pamphlets and other advertising material intended for residents be delivered?
In general terms, advertising material should be placed inside a letterbox, in a receptacle provided for newspapers, or under the door of any premises.
Who commits the offence of littering if advertising brochures are being handed out to passers-by near shops or railway stations but end up on the ground?
The person who drops the litter is the litterer. Depending on the circumstances, this may be the person handing out the brochure, or the person who accepts it, but then loses interest in it and discards it. In the case of inappropriate distribution of the brochures, the issue (including clean-up) should be raised with the shop being promoted and/or the person handing out the material.
Why not continue the Do the Right Thing campaign?
The EPA tested the original Do the Right Thing campaign. While it was remembered fondly, it was found to be irrelevant to today. People's perception of litter has changed from ten years ago. They once thought litter was an aesthetic issue, now they see it as an environmental one.
We have however incorporated the powerful elements of Do the Right Thing into the new campaign (the notion that littering is wrong) BUT expanded the reasons why it is wrong.
Before you litter, think, what are you really throwing away?
What if you can't find a bin?
Ultimately, people need to take responsibility for their own litter. If you can't find a bin, you need to keep the litter until you can. This is what our theme means; "Litter - it's in your hands". You bought the material, you're responsible for its proper disposal.
Apple cores are biodegradable. Are they OK?
Even biodegradable items can contribute to water pollution by causing toxic algal outbreaks and sucking the oxygen out of rivers as they decay. If possible, you should try and compost these items. If not, they need to go in the bin.
What are the fines for cigarette litter?
- cigarette packet - $60
- unlit or extinguished cigarettes - $60
- lit cigarettes in dangerous circumstances (e.g. in dry bush) - $375 (individuals) or $750 (corporations)
- any cigarette item (unlit, lit, packet etc.) deposited from a motor vehicle - $200 (individuals) or $400 (corporations)
- lit cigarette not covered by points above - $200
Is it OK to litter where someone is paid to clean up?
No, it's not OK to litter on such occasions. The point of this campaign is to encourage people to take responsibility for their own litter. We can't just go on expecting someone else to clean up after us.
Doesn't littering keep sweepers and cleaners in jobs?
If people littered less, the sweepers and cleaners could be used in more productive activities, and could actually clean, rather than pick up rubbish.
If people littered less, the sweepers and cleaners could be used in more productive activities, and could actually clean, rather than pick up rubbish.
Can you put junk mail in a letterbox with a 'no junk mail' sticker?
Putting such items in a letterbox isn't littering. However, it is annoying for the householder. That's why the Government is setting up discussions with all interested parties - environment groups, industry and Government - to look at ways of stopping people delivering unwanted promotional items.
Do these new laws deal with posters on buildings or telegraph poles?
No. A strict reading of the new laws might suggest they apply to posters, but the Government has made it clear in Parliament that this is not the case.
However the State Government is investigating all aspects of outdoor advertising at present to ensure it is well managed.
Can an officer from a local council issue a penalty notice for littering from a vehicle if the littering occurs outside the area of that council?
No. Council officers can only exercise their power to issue a litter penalty notice in or in relation to their council area as section 6(4) of the Protection of the Environment Operations Act 1997 ("POEO Act") provides that:
If people littered less, the sweepers and cleaners could be used in more productive activities, and could actually clean, rather than pick up rubbish.
"A function conferred or imposed by or under [the POEO Act] on a local authority, in its capacity as the appropriate regulatory authority or otherwise, may be exercised only in or in relation to the local authority's area."
Councils may wish to enter into cooperative arrangements to refer out-of-area littering from vehicle reports to the relevant council for action by that body.
Can a report of littering from a citizen be relied upon by a council or other agency with the power to issue penalty notices as the basis for issuing a penalty notice for littering from a vehicle?
If the report, in the opinion of the officer reviewing it, provides evidence beyond reasonable doubt of the offence, yes. This is the position applicable to reliance on the evidence of eye witnesses of offences generally. See littering from vehicle report sheet.
What can be done about the inappropriate delivery of local newspapers (left so that they blow away etc)?
Inappropriate newspaper delivery may constitute littering, in which case the local council should raise the issue with the publisher and/or distributor of the newspaper.
What if a litterer refuses to tell their name and address to an authorised officer?
See Getting Names and Addresses.
Do these new laws cover syringes?
Yes, littering syringes is specifically defined as aggravated or dangerous litter.
The Government is also taking a range of other actions on syringes. For instance, we have a needle clean-up hotline on 1800 633 353 and all needles provided through needle exchange services come with a safe disposal mechanism. The bottom line here is that the new litter laws give the community improved protection from discarded syringes.
Page last updated: 26 February 2011
