New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 146

146 Owners and drivers of motor vehicles and trailers involved in littering

(1) Offence If litter is deposited from a motor vehicle, or from a trailer attached to a motor vehicle, contrary to section 145 or 145A, the following are taken to be guilty of an offence under that section--

(a) in the case of litter deposited from a motor vehicle--the driver of the motor vehicle,

(b) in the case of litter deposited from a motor vehicle--the owner of the motor vehicle,

(c) in the case of litter deposited from a trailer attached to a motor vehicle--the owner of the trailer.

(2) Only one person liable Subsection (1) does not affect the liability of the actual offender but, if a penalty has been imposed or recovered from any person in relation to the offence (whether the actual offender, the driver or the owner), no further penalty may be imposed on or recovered from any other person. In this subsection,
"penalty" includes a penalty under a penalty notice.

(3) Exception for passenger vehicles Subsection (1) does not apply if--

(a) the motor vehicle is a bus, taxi or other public transport vehicle and is being used at the time to convey a public passenger, and

(b) the litter was deposited by that passenger.

(4) Exception for stolen vehicles Subsection (1) (b) does not apply if the motor vehicle was at the time a stolen motor vehicle or a motor vehicle illegally taken or used.

(4A) Exception for stolen trailers Subsection (1) (c) does not apply if the trailer was at the time a stolen trailer or a trailer illegally taken or used.

(5) Exception for owner when not driver Subsection (1) (b) or (c) does not apply if the owner was not in the motor vehicle, including the motor vehicle to which the trailer was attached, at the relevant time and--

(a) gives notice in accordance with subsection (7) of the name and address of the person who was in charge of the motor vehicle at the relevant time, or

(b) satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.

A notice under this subsection is, in proceedings against the person named in the notice for an offence under this Part, evidence that the person was driving the motor vehicle at the relevant time.

(6) Exception for driver when not offender Subsection (1) (a) does not apply if the driver--

(a) gives notice in accordance with subsection (7) of the name and address of the passenger in the motor vehicle who deposited the litter, or

(b) satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the driver did not deposit the litter and did not know, and could not with reasonable diligence have ascertained, the name and address of the passenger who deposited the litter.

A notice under this subsection is, in proceedings against the person named in the notice for an offence under this Part, evidence that the person deposited the litter from the motor vehicle.

(7) Notice given by owner or driver A notice for the purposes of subsection (5) or (6) must be in the form of an approved nomination notice and--

(a) if a penalty notice has been given for the offence--the notice must be given to an officer specified in the penalty notice for the purpose within 21 days after service of the penalty notice, or

(b) if a court is dealing with the offence--the notice must be given to the prosecutor within 21 days after service of the summons or court attendance notice for the offence.

(7A) Despite any other provision of this Act, an approved nomination notice may be provided by a person served with a penalty notice within 90 days of the notice being served on the person if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the Fines Act 1996 .

(7B) If the owner or driver of a vehicle supplies an approved nomination notice to an officer or a prosecutor for the purposes of this section, an officer or prosecutor may, by written notice served on the owner or driver, require the owner to supply a statutory declaration for use in court proceedings that verifies the nomination contained in the approved nomination notice.

(8) False statements A person who makes a statement for the purposes of subsection (5) or (6) knowing that it is false is guilty of an offence.

: Maximum penalty--10 penalty units.

(9) Definition In this section--

"approved nomination notice" has the same meaning as in section 38 of the Fines Act 1996 .