Litter and Illegal Dumping
Litter and Illegal dumping on land and in our waterways looks unsightly, and can be a threat to the health of others in the community. Illegal dumping/littering can pollute drinking water supplies, air, land, and streams. Leaving waste in a public place is unpleasant, unhealthly and degrades the local environment.
What is litter?
Litter is any domestic or commercial waste and any material a person might reasonably believe is refuse, debris, or rubbish. Litter can be almost any material that is disposed of incorrectly. For example, cigarette butts, drink bottles, fast food wrappers, poorly secured material from a trailer, abandoned motor vehicle or parts, and even an apple core.
Litter does not include any gas, dust, smoke, or material emitted/produced during or because of the normal operations of building, manufacturing, mining, or primary industries.
Who litters?
Individual litter behaviours are extremely complex. Studies have shown that there is no such thing as a sterotypical litter bug. This suggests that other factors such as environment and infrastructure contribute to litter behaviour.
The volume of litter has increased seven percent over the past year in Australia. Highway litter accounts for almost half of all litter in terms of volume. Illegal dumping is a major contributor to the problem.
Queensland Littering Laws
The Environmental Protection Act 1994 has anti-litter provisions. Under the Act, authorised officers can issue a range of offence and penalties. These are:
- On the spot fines for littering
- On the spot fines for observed littering from a vehicle (i.e. a cigarette butt, food wrapper)
- Clean up notices for illegal dumping of waste (i.e. tyres, oil, domestic rubbish)
What happens if I can't find a bin?
You will need to keep the litter with you until you find a bin. If insufficient infrastructure is an issue then raise the issue with council's Waste Services.
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Littering from vehicles
Under the laws, if an authorised officer observes littering from a vehicle, they can issue an on-the-spot fine to the registered owner of the vehicle. The laws consider the registered owner (identified from the registration number of the vehicle) to have committed the offence in the first instance - even though the actual offence may be someone else.
To safeguard the rights of the vehicle owners, if the registered owner was not the person responsible for the offence, they can complete a statutory declaration within 28 days from receiving the infringement notice containing an illegal users declaration, a sold vehicle declaration or a known person declaration, where they must state that they are not the person who committed the offence and must include the name and address of the who deposited the litter.
What happens on receiving a infringement notice?
If you receive an on-the-spot fine, you can choose to:
- Pay the amount in full by the due date, or
- Elect to have the matter heard in court, or
- Complete a declaration within 28 days, or
- Do nothing - Council will then follow up with enforcement action through the court system.
How do you know the report is not malicious?
Only trainined authorised officers will issue on-the-spot fines and these will only be issued if the officers observes the littering taking place.
On-the-spot fines will not be issued based on a report from a member of the public.
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What is illegal dumping?
Illegal dumping is the disposal of waste (>20L total volume/liquid) in an unpermitted area usually to avoid disposal costs or the time and effort required for proper disposal.
Illegal dumping can disrupt natural processes on land and in water. Dumping can inerfere with proper drainage or runoff as areas are more susceptible to flooding when waste blocks creeks and drains. The runoff from improper disposal of toxic substances such as motor oil or household cleaners can contaminate lakes, streams and drinking water.
Dumping also has a negitative impact on plants and wildlife. Many birds and small animals die after ingesting or becoming entangled in debris. Fish and other aquatic life are killed when decomposing litter and food wastes in streams deplete oxygen supplies in the water.
Illegal dumping is hazardous to health, wildlife and the environment, and is an economic burden on us all. The health and environmental risks associated with illegal dumping are significant and should not be overlooked. There are no excuses or exemptions for illegal dumping - its a crime!
Directions to remove waste
Authorised officers can issue a clean up direction for illegal dumping. This may involve the collection, transportation, storage, treatment or disposal of the litter and ensures that the person responsible does not impose a cost burden on the Local Council. If a person fails to comply with a direction to remove litter, the matter can proceed to court.
What to do if you see someone illegally dumping waste?
If you witness someone illegally dumping waste, take note of as many details as you can, for example: Vehice type and registration, amount and type of waste, company names, details of person/s dumping waste, time, date and location. Report these details to Environmental Health Services.
What to do with waste oil
Under no circumstances is waste cooking oil to be disposed of to normal waste receptacles such as wheelie bins or bulk bins.
All waste cooking oils must be disposed of to a licensed waste collection agent who has the correct and current approvals to collect and transport such waste.
Townsville City Council's Waste Services Department is not licensed to collect waste oil and Stuart Landfill is not licensed to recycle waste oil. The only place in Townsville which is licensed to recycle oil is North Queensland Resource Recovery (NQRR).
Littering Fines
| Type of Litter |
Examples |
Penalty to individuals |
If matter proceeds to court |
| General Littering |
Throwing a cigarette butt into the gutter or food wrappers, bus tickets or food items left on the ground. |
$200 |
$2,000 |
| Littering from a vehicle (including boats) |
Throwing a soft drink can, takeaway food packaging or plastic bag from a car, boat or items falling off the back of a ute or trailer as a result of an uncovered load. |
$300 |
$3,000 |
| Dangerous Littering |
Any litter that can cause harm to humans, wildlife and property. This includes broken glass left in a children's playground or a lit cigarette in dry grass. |
$400 |
$4,000 |
|
Illegal dumping
20L - 200L
|
Disposing of waste in an area that is not a dedicated waste facility. Eg. fridges, garden refuse and waste from construction or demolition. |
$400 |
$4,000 |
|
Illegal dumping
>200L
|
|
$1,600 |
$16,500 |
| Illegal dumping - failure to clean up waste |
A person requested to clean up illegally dumped waste does not comply within the timeframe specified. This offence will process directly to court |
On-the-spot fine cannot be issued |
$10,000 |
Fact sheets
Further Information
If you wish to report an offence or would like further information about litter/illegal dumping please contact Environmental Health Services.
For information about Council's waste collection services please contact Waste Services.
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