Western Australia
Litter Act 1979
Litter Regulations 1981
Reprint 2: The regulations as at 19 March 2004
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Reprinted under the Reprints Act 1984 as |
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at 19 March 2004 |
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Litter Regulations 1981
CONTENTS
1. Citation1
2. Interpretation1
3. Recommended litter receptacles1
4. Damage to litter receptacle2
5. Interference with litter receptacle2
6. Domestic or commercial waste not to be deposited in litter receptacle2
8. Securing of loads3
9. Offences and penalties3
9A. Prescribed office3
10. Offence of adding to, or altering infringement notices4
11. Forms4
Schedule 15
Schedule 26
Appendix10
Notes
Compilation table11
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Reprinted under the Reprints Act 1984 as |
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at 19 March 2004 |
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Litter Act 1979
Litter Regulations 1981
These regulations may be cited as the Litter Regulations 1981 1.
In these regulations, unless the contrary intention appears —
“public litter receptacle” means a container provided in a public place for disposal of litter;
“Schedule” means a Schedule to these regulations.
[Regulation 2 amended in Gazette 19 Jul 1996 p. 3459.]
3. Recommended litter receptacles
For the purposes of section 25 the use of litter receptacles of the following specifications is recommended —
(a)a capacity of not less than 60 and not more than 200 litres;
(b)all outer edges rounded or rolled;
(c)in the case of covered receptacles; openings that are readily identifiable and accessible;
(d)an outer surface coloured “golden yellow” in accordance with C356 — British Standard Colour Code 381c and bearing, in a contrasting colour, the symbol depicted in the Appendix to these regulations; and
(e)the body constructed of galvanised metal of not less than .6 mm in thickness or other material of equivalent strength.
4. Damage to litter receptacle
A person shall not —
(a)wilfully damage or deface;
(b)ignite the contents of,
a public litter receptacle.
5. Interference with litter receptacle
Except with the consent of the owner, a person shall not misuse or interfere with the proper function of, or detract from the proper appearance of, a public litter receptacle.
[Regulation 5 inserted in Gazette 19 Jul 1996 p. 3459.]
6. Domestic or commercial waste not to be deposited in litter receptacle
(1)Except with the consent of a public authority a person shall not deposit any domestic or commercial waste in a public litter receptacle.
(2)In this regulation —
“commercial waste” means waste material of any kind generated by shops, offices, industrial premises, hotels, restaurants and hospitals;
“domestic waste” means waste material of any kind generated by private dwellings and includes garbage, lawn clippings and old furnishings.
[7. Repealed in Gazette 19 Jul 1996 p. 3460.]
A person shall not drive a vehicle carrying a load unless the load is so arranged, contained, fastened or covered that the load or any part of it cannot fall or otherwise escape from the vehicle in or upon any street or public place.
(1)A person who contravenes or fails to comply with any of the provisions of these regulations commits an offence and is liable to a penalty not exceeding $400.
(2)The offences described in Schedule 1 are those prescribed for the purposes of section 30 and the amounts specified in that Schedule, directly opposite an offence, are the prescribed penalties for individuals and bodies corporate, as the case requires, in respect of that offence, if dealt with under that section.
[Regulation 9 amended in Gazette 9 Jan 2004 p. 89.]
Where opposite a public authority specified in column 1 of the table to this regulation, an office of that public authority is specified in column 2 of that table, that office is a prescribed office for the purposes of section 26(2)(d).
Table
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Column 1 Public authorities |
Column 2 Prescribed offices |
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1.Metropolitan Region Planning Authority |
Warden appointed under regulation 23(1) of the Metropolitan Region Planning Authority (Reserved Land) Regulations. |
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2.Department for Youth, Sport and Recreation 2 |
Manager of camps; Camps officer; Warden; Relieving warden; Groundsman. |
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3.Rottnest Island Authority under the Rottnest Island Authority Act 1987 |
A person designated under subsection (1)(a) of section 28 of that Act to be a ranger, or appointed under subsection (1)(b) of that section to be an honorary ranger for Rottnest Island. |
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4.Swan River Trust under the Swan River Trust Act 1988 |
A person appointed under section 64(1) of that Act to be an inspector or an honorary inspector. |
[Regulation 9A inserted by 13 Aug 1982 p. 3154; amended in Gazette 30 May 1988 p. 1847; 7 Apr 1989 p. 1035.]
10. Offence of adding to, or altering infringement notices
A person, not being an authorised officer, shall not make any endorsement on, or alteration to, an infringement notice.
[Regulation 10 erratum in Gazette 17 Jul 1981 p. 2888.]
The several forms set out in Schedule 2 are prescribed for the respective purposes for which forms are required by sections 26 and 30.
[r. 9(2)]
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Item |
Section or regulation |
Offence |
Penalty ($) |
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Individual |
Body corporate |
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1. |
s. 23 |
Littering — cigarette butt ........ |
75 |
75 |
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2. |
s. 23 |
Littering — any other litter ...... |
200 |
400 |
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3. |
s. 24 |
Breaking glass, metal or earthenware .............................. |
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4. |
s. 24A(1) |
Bill posting ............................... |
200 |
400 |
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5. |
s. 24A(2) |
Bill posting on a vehicle .......... |
200 |
400 |
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6. |
r. 6 |
Depositing domestic or commercial waste in a public litter receptacle ......................... |
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7. |
r. 8 |
Transporting load inadequately secured ..................................... |
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[Schedule 1 inserted in Gazette 9 Jan 2004 p. 89.]
Form 1
Western Australia
LITTER INFRINGEMENT NOTICE
Litter Act 1979 Section 30(1)
No. ........................................
Date ......................................
M ............................................................................................................................
Surname (block letters)Other names in full
ADDRESS .............................................................................................................
Number and streetTown or suburb
..................................
Postcode
It is alleged that at ................................. a.m./p.m. on the .....................................
day of ................................. 20.............. in the area of ..........................................
you committed the offence indicated hereunder by a cross (x).
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Section or regulation |
Offence |
Modified penalty ($) |
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Individual |
Body corporate |
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s. 23 |
Littering — cigarette butt .......... |
75 |
75 |
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r |
s. 23 |
Littering — any other litter ....... |
200 |
400 |
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r |
s. 24 |
Breaking glass, metal or earthenware ................................ |
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r |
s. 24A(1) |
Bill posting ................................ |
200 |
400 |
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r |
s. 24A(2) |
Bill posting on a vehicle ............ |
200 |
400 |
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r |
r. 6 |
Deposit of domestic or commercial waste in a public litter receptacle .......................... |
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r |
r. 8 |
Transporting load inadequately secured ....................................... |
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If you do not wish to have a complaint of this offence heard and determined by a court, you may pay to an officer at the place specified on the reverse side of this form, within a period of 28 days after the date of service of this notice, the modified penalty set out in this notice.
.......................................................
Authorised Officer
[Form 1 inserted in Gazette 19 Jul 1996 p. 3460-1; amended in Gazette 8 Nov 1996 p. 6218; 9 Jan 2004 p. 89-90.]
Form 2
Western Australia
WITHDRAWAL OF LITTER INFRINGEMENT NOTICE
Litter Act 1979 Section 30(4)
No.
Date / /
M ............................................................................................................................
Surname (block letters)Other names in full
ADDRESS .............................................................................................................
Number and streetTown or suburb
...................................
Postcode
Litter Infringement Notice No. ....................................... Dated ......../........./........ for the alleged offence of ....................................................................................... with penalty of ................................. is hereby withdrawn.
(a)* No further action will be taken.
(b)* It is proposed to institute court proceedings for the alleged offence.
* Strike out that which is not applicable.
Appointed by ....................................................................
(relevant public authority)
to withdraw infringement notices.
In the event of payment having been made you are entitled to a refund.
[Form 2 amended in Gazette 20 Nov 1981 p. 4779.]
Form 3
Western Australia
CERTIFICATE OF APPOINTMENT OF AUTHORISED OFFICER
LITTER ACT 1979
This is to certify that .............................................................................................. whose signature appears hereunder is an authorised officer under the Litter Act 1979 and that the area of jurisdiction entrusted to him under that Act is .................................................................................................................................
Signed ............................................
............................................
Signature of authorised officer ............................................
Dated ............................................
An authorised officer may require a person whom he finds committing or whom he reasonably suspects to be committing or to have committed an offence against the Act —
(a)to state his full name and address;
(b)to remove the material the subject of the offence;
(c)to deposit the material the subject of the offence in the nearest place provided for the deposit of litter.
Penalty: For non‑compliance with the above or giving false or misleading information $100.
[Schedule 2 amended in Gazette 20 Nov 1981 p. 4779; 19 Aug 1988 p. 2960; 19 Jul 1996 p. 3460‑1; 8 Nov 1996 p. 6218; 9 Jan 2004 p. 89‑90.]
Notes
1This reprint is a compilation as at 19 March 2004 of the Litter Regulations 1981 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
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Litter Regulations 1981 |
3 Jul 1981 p. 2603‑5 |
3 Jul 1981 |
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Litter Amendment Regulations 1981 |
20 Nov 1981 p. 4779 |
20 Nov 1981 |
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Litter Amendment Regulations 1982 |
13 Aug 1982 p. 3154 |
13 Aug 1981 |
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Litter Amendment Regulations 1988 |
30 May 1988 p. 1847 |
30 May 1988 (see r. 2 and Gazette 30 May 1988 p. 1823) |
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Litter Amendment Regulations (No. 2) 1988 |
19 Aug 1988 p. 2960 |
19 Aug 1988 |
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Litter Amendment Regulations 1989 |
7 Apr 1989 p. 1035 |
1 Mar 1989 (see r. 2 and Gazette 27 Jan 1989 p. 264) |
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Litter Amendment Regulations 1996 |
19 Jul 1996 p. 3459‑61 |
20 Jul 1996 (see r. 2 and Gazette 19 Jul 1996 p. 3455) |
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Litter Amendment Regulations (No. 2) 1996 |
8 Nov 1996 p. 6217‑18 |
8 Nov 1996 |
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Reprint of the Litter Regulations 1981 as at 30 Sep 1997 (includes amendments listed above) |
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Litter Amendment Regulations 2004 |
9 Jan 2004 p. 88‑90 |
9 Jan 2004 |
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Reprint 2: The Litter Regulations 1981 as at 19 Mar 2004 (includes amendments listed above) |
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2Under the Alteration of Statutory Designations Order (No. 3) 2001 a reference in any law to the Department of Youth, Sport and Recreation is read and construed as a reference to the Department of Sport and Recreation.
By Authority: JOHN A. STRIJK, Government Printer