Littering from vehicles
Roadside litter is one of the most unnecessary and preventable environmental problems. In the past, enforcement action was impractical because evidence of who ejected the litter from a vehicle had to be gathered.
The Protection of the Environment Operations Act 1997 (POEO Act) makes it easier to take action regarding littering from vehicles. A vehicle owner is deemed liable for littering unless they provide a statutory declaration stating the details of the person in charge of the vehicle at the time (sections 145-146).
Local councils and certain other public authorities have the power to issue penalty notices for littering, as well as the Department of the Environment and Climate Change NSW (incorporating the Environment Protection Authority NSW).
During 2005/06 DECC issued 959 litter penalty notices to motor vehicle owners for littering from vehicles.
During 2006/07 DECC issued 936 litter penalty notices to motor vehicle owners for littering from vehicles.
During 2007/08 DECC issued 788 litter penalty notices to motor vehicle owners for littering from vehicles.
The fine is $200 (individuals) or $400 (corporations), irrespective of the type of litter deposited.
Take care when gathering the details of a vehicle. If possible, dictate the information for a passenger to write down. Some reporting officers carry dictaphones to record their observations to minimise distraction from driving when alone in a vehicle.
What to look for and record about littering from vehicles
As much information as possible should be gathered about littering from vehicles:
- registration number
- state or territory where vehicle is registered
- type of vehicle (for example, car, truck, motor cycle)
- description of the vehicle (make, model, colour and any other distinguishing features)
- whether the vehicle was stationary or moving
- if moving, direction the vehicle is heading
- approximate time and place of the offence
- the date and day of the offence
- part of the vehicle the litter was ejected from
- how the litter was ejected (for example, thrown, dropped, placed on the ground)
- type of litter (for example, cigarette butt, bottle, plastic bottle).
You must actually observe the act of littering or have gathered other evidence to prove the offence. Only issue a penalty notice if it is beyond reasonable doubt that the litter came from the particular vehicle. Seeing litter next to a vehicle and assuming that it came from that vehicle is not good enough. It can be difficult to be absolutely sure where the litter actually came from when there is a line of traffic or lots of vehicles around. Remember that you may have to give evidence in court and be cross-examined if the vehicle owner elects to have the matter heard in court.
To find out the owner's details so that a penalty notice can be issued by mail, councils and other enforcement agencies may need to access the driver and vehicle records database of the Roads and Traffic Authority (RTA).
The RTA offers on-line access to its driver and vehicle records database to various regulatory agencies, including councils. In all but abandoned vehicle inquiries, the RTA charges a fee per fax-back request.
Given the need for strict privacy and security of information, there are safeguards. Councils seeking access, both on-line and off-line, must make a written application and enter into a Memorandum of Understanding with the RTA, prior to accessing any information.
Contact for accessing vehicle owner details:
Roads and Traffic Authority NSW
Phone: 131 782
Contact for making a littering from vehicles report:
Environment Line
131 555
Contact for other enquires regarding littering from vehicles:
Department of Environment and Climate Change NSW
Compliance Services Unit
Phone (02) 9995 5000
DECC staff complete a report sheet when they see littering from a vehicle. They submit the completed sheet to Compliance Services Unit for processing.
Local councils and other agencies able to issue penalty notices for littering may wish to adapt the report sheet (see link below) so that it can be used by their staff. For example some councils have suggested making the notice in the form of a statutory declaration, or containing the jurat under section 48C of the Justices Act ('This statement made by me accurately sets out the evidence which I would be prepared, if necessary, to give in Court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.')
Sample Littering From Motor Vehicle Observation Report Sheet (PDF format; 24 Kb)
Page last updated: 26 February 2011
