The Local Nuisance and Litter Control Act 2016 (SA) has extensive provisions dealing with the disposal of litter. Litter is defined broadly under section 3 but there are 3 main categories: class A hazardous litter, class B hazardous litter and general litter.

Class A hazardous litter is defined as either domestic or commercial waste consisting of asbestos, material containing asbestos, any substance prescribed by the regulation or, a combination of these materials.

Class B hazardous litter is defined when disposed of onto land or into waters as live cigarettes or cigarette butts, used syringes, waste glass, any material prescribed by regulation, or a combination of these materials as listed. Class B hazardous litter is defined when disposed into waters as any disused or decommissioned vehicle, or part of that vehicle, or anything an authorised officer reasonably suspects is being used as an artificial reef.

General litter is defined by the Act as any solid or liquid domestic or commercial waste which includes, but is not limited to,

The Local Nuisance and Litter Control Regulations 2017 (SA) prescribe as general litter, building or construction material when dragged onto a road by a vehicle's tyres following the vehicle's departure from the building or construction site [r 3A].

The Act imposes on business owners, including not-for-profits, a general duty to prevent or minimise litter resulting from their business, including from stormwater management systems [s 21A].

Penalties

The penalties for dumping or discarding litter depend on the type and volume of the litter disposed. The table below refers to offences committed by individuals. For information about the penalties that apply to a body corporate see section 22 of the Local Nuisance and Litter Control Act 2016 (SA).

Litter is considered to have been disposed of if it is discarded, deposited, blows or falls from premises or a vehicle onto land or into water [s 22(2)].

It is an offence if a person fails to comply with a request from an authorised officer to remove their litter [s 24]. There is a maximum penalty of $5,000 (with an expiation fee of $210 for an individual and $500 for a body corporate).

Vehicle Owner Liability

If the littering is undertaken in, at or from a vehicle, or in connection with the use of a vehicle, and the littering results in an offence, then the owner of the vehicle may be guilty of an offence and is liable for penalty and expiation [s 26].

Recovery of urgent litter clean up costs

Where a council takes urgent action to clean up litter from a public place that it considers to be a hazard and the identity of the person who disposed of the litter is not known at the time, the council may, if that person is later identified, serve a written notice on that person requiring payment of the council’s reasonable costs and expenses incurred in that clean up [s 22A(1)].

Those costs may include amounts incurred in taking samples or conducting tests, examinations, monitoring or analysis [s 22A(2)]. The amount must be paid within a period specified in the notice (not less than 28 days) and interest at the prescribed rate will accrue on any unpaid amount [s 22A(3)]. If the amount remains unpaid, the council may recover it as a debt [s 22A(4)].

Citizen’s notification

A person who reasonably suspects another person of having disposed of litter or having posted a bill on property without the consent of the owner or occupier may notify the relevant council [s 25]. This can be done in person, by letter, email or fax using the forms prescribed by the Local Nuisance and Litter Control Regulations 2017 (SA) [Sch 1]. See also the Public Litter Reporting fact sheet (PDF download, 1,904 KB) published by the Local Government Association.

Litter abatement notices

The Minister for Climate, Environment and Water or a council may issue a written Nuisance Abatement Notice to a person causing a nuisance [s 30].

These notices impose certain requirements upon a person in order to rectify a situation and secure compliance.

The notice may require a person to do certain things, including:

The litter abatement notice may require a person to prepare of plan of action for the purposes of preventing the escape of litter from business premises or keeping a specified area around business premises (including car parks and common areas of shopping centres) free from litter up to 100 metres and in relation to abandoned shopping trolleys, up to 1 kilometre.

It is an offence to fail to comply with such a notice without reasonable excuse. The maximum penalty for a body corporate is $60,000 and for an individual is $30,000. The expiation fee for a body corporate is $1,000 and for an individual is $500 [s 30(9)].

If the requirements of a litter abatement notice are not complied with, the Minister or council may take any action required by the notice [s 31(1)]. An authorised person taking such action may enter any relevant premises or vehicle at any reasonable time [s 31(4)]. The reasonable costs and expenses incurred by the Minister or a council in taking action under this section may be recovered as a debt from the person who failed to comply with the requirements of the notice [s 31(5)].

A council that has collected litter causing a local nuisance may dispose of it or sell it to offset its costs. This material is not subject to the Unclaimed Goods Act 1987 (SA).