Litter Act 2007 (Tas)

Litter Act 2007

An Act to make provision with respect to the control and prevention of litter, to amend the Crown Lands Act 1976 , to repeal the Litter Act 1973 and for other purposes [Royal Assent 24 October 2007]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Litter Act 2007 .

2. Commencement The provisions of this Act commence on a day or days to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – approved means approved by the Director; authorised officer means – (a) a person who, under section 7 or 8 , is appointed as an authorised officer; or (b) a person who, under section 8A , is an authorised officer by virtue of his or her office; corresponding law means a law of another State or a Territory of Australia dealing with either or both of the following subjects: (a) the driving of motor vehicles on roads; (b) the use of motor vehicles and trailers on roads; deposit, in respect of litter, includes – (a) drop or throw litter in, on or into a place; and (b) leave litter in or on a place; and (c) put litter in such a location that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend, blow, be washed, percolate or otherwise escape into or from a place; and (d) cause, permit or allow litter to fall, descend, blow, be washed, percolate or otherwise escape into or from a place; Director means the Director, Environment Protection Authority appointed under section 18 of the Environmental Management and Pollution Control Act 1994 ; document means any record of information and includes – (a) anything on which there is writing; and (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and (c) anything from which sounds, images or writing can be reproduced with or without the aid of anything else; and (d) a map, plan, drawing or photograph; escape includes fall, descend and percolate, and be blown or washed, into, on or from any place; Fund means the Litter Management Fund continued under section 48 ; general manager means the general manager of a council appointed under the Local Government Act 1993 ; infringement notice means an infringement notice served in accordance with Division 3 of Part 3 ; land means any land, whether publicly or privately owned, and includes any buildings or other structures permanently affixed to the land; litter includes – (a) any solid or liquid domestic or commercial refuse, debris or rubbish and, without limitation, includes any glass, metal, plastic, cigarette butts, paper, fabric, wood, food, abandoned vehicles, abandoned vehicle parts, abandoned vessel parts and equipment, construction or demolition material, garden remnants and clippings, soil, sand and rocks; and (b) any other material, substance or thing deposited in or on a place if its size, shape, nature or volume makes the place where it is deposited disorderly or detrimentally affects the proper use of that place – whether or not the litter has any value when or after being deposited in or on the place; litter abatement notice means a litter abatement notice served under section 35 ; motor vehicle has the meaning given by the Vehicle and Traffic Act 1999 ; open private place means a private place that is situated – (a) in or on land and that is not within a building on the land; or (b) in or on waters; place includes – (a) a receptacle; and (b) any State waters; registered operator of a motor vehicle or trailer has the meaning assigned to that expression under the Vehicle and Traffic Act 1999 and includes – (a) the registered operator of the motor vehicle or trailer within the meaning of a corresponding law; and (b) in the case of a motor vehicle or trailer to which a trade plate or similar device is affixed under the Vehicle and Traffic Act 1999 or under a corresponding law, the person to whom the trade plate or device has been issued; and (c) in the case of a motor vehicle or trailer for which a short term unregistered vehicle permit or similar permit has been issued under the Vehicle and Traffic Act 1999 or under a corresponding law, the person to whom the permit has been issued; registered owner, of a vessel, means – (a) in the case of a vessel registered in Tasmania, the person who, under the Marine and Safety Authority Act 1997 , is registered or recorded as its owner under the by-laws governing the registration of vessels of its particular kind; or (b) in the case of a vessel registered, licensed or surveyed in another jurisdiction, the person who is registered or recorded as its owner under the law of that jurisdiction; reserved land has the same meaning as in the Nature Conservation Act 2002 ; small passenger vehicle means a motor vehicle with a seating capacity of less than 13 adults, including the driver, that is designed and constructed primarily for the carriage of passengers; State waters means – (a) any waters of the territorial sea of Australia that are – (i) within 3 nautical miles of the baseline by reference to which the territorial limits of Australia are defined for the purposes of international law; and (ii) adjacent to the State; and (b) any marine or tidal waters that are on the landward side of that baseline and are adjacent to the State; and (c) any inland waters of the State, inclusive of those in artificial water storages and artificial water courses; statutory defence means a defence provided by section 24(2) or section 24A(2) ; trailer has the meaning given by the Vehicle and Traffic Act 1999 ; use includes – (a) in relation to a motor vehicle, the driving, idling, leaving, loading, parking, standing and unloading of the motor vehicle; and (b) in relation to a trailer, the leaving, loading, parking, standing, towing and unloading of the trailer; and (c) in relation to a vessel, the use of the vessel even when – (i) riding at anchor; or (ii) tied to a mooring; or (iii) tied up to a jetty, wharf or breakwater; or (iv) berthed in a marina; or (v) secured to another vessel to which subparagraph (i) , (ii) , (iii) or (iv) applies; or (vi) connected up to something such as a crane, slipway cradle or trailer winch in order to be put into or taken out of the water; vehicle means anything capable of transporting people, objects or materials by road, rail or air, regardless of how the thing is moved or propelled; vessel means any kind of vessel other than – (a) a vessel under the control of the Australian Defence Force; or (b) a warship, naval auxiliary or other vessel operating exclusively in the non-commercial government service of a foreign country; warrant means a warrant under the Search Warrants Act 1997 .