Council Rangers or other authorised Council officers may issue penalty notices, orders, Clean-up notices, prevention notices or court attendance notices for non-compliance with relevant legislation. Serious incidents of pollution may be prosecuted by state agencies such as the NSW Environment Protection Authority.
If a person puts waste or a bin in a public place in contravention of legislation or any approval issued by the Council, the Council may take action under sections s626(3) and 627(3) of the Local Government Act 1993. The maximum penalty for an offence under each of these sections is currently 20 Penalty Units.
The Council may also act under the Protection of the Environment Operations Act 1997 for noise, waste disposal (harm to the environment) and litter offences.
Food premises must comply with the Food Act 2003 and the Food Standards Code and ensure they have adequate facilities for storing garbage and recyclable matter.
Any parties not acting in accordance with legislation may be given up to seven days notice in writing to comply before any penalties are issued. The Council does, however, reserve the right to take immediate action if circumstances warrant.
If waste is causing or is likely to cause a threat to public health, the Council may order the owner or occupier of the land or premises to remove the waste. If the owner or occupier fails to comply, then the Council may remove the waste at the owner or occupier’s expense under section 128A of the Local Government Act 1993.
This information should be read in together with Council’s Compliance and Enforcement Policy and does not override:
- State or federal legislation on the management of waste in public places, including noise pollution associated with collecting waste from public places
- Conditions imposed on Development Consents issued under the Environmental Planning and Assessment Act 1979.