Littering and illegal dumping is a serious issue. It pollutes our environment and significantly diminishes the use, enjoyment and value of our public places for residents and tourists. It can facilitate the spread of disease and pest species, and harm wildlife, people and livestock. Littering and illegal dumping costs Burdekin businesses and residents thousands of dollars each year in waste management, including clean-up expenses.
Reports of illegal dumping can be made to Council’s Customer Service Centre.
Once a report has been received the Waste Services section will inspect the area to gather evidence to determine the person/s responsible. If you discover illegal dumping in your travels, please do not disturb the site. It can hinder evidence collection and may contain hazardous materials.
Littering and the illegal dumping of waste has the potential to cause health and safety risks for both people and the natural environment.
The Waste Reduction and Recycling Act 2011 defines litter and illegal dumping as the following:
Littering
Litter has been defined as the deposit of waste at a place that is an amount less than 200L in volume.
Common types of litter include cigarette butts, drink bottles, fast food wrappers, material from a trailer that is poorly secured, grass clippings swept into the gutter, fishing tackle.
Dangerous Littering
Dangerous littering is deposited litter equalling an amount less than 200L in volume, that causes or is likely to cause harm to a person or the environment.
Such example include; throwing a lit cigarette onto dry grass in extreme fire danger conditions, smashing a glass bottle and leave the broken glass on a footpath, leaving a syringe in a public place other than in a container intended to receive used syringes.
Illegal Dumping
Illegal dumping has been defined as the deposit of waste at a place that is an amount equalling greater than 200L in volume.
Dumping is unsightly, degrades the local environment, reduces property value and costs rate payers a substantial amount of money each year to clean up. Illegal dumping includes items such as bags of rubbish, garden waste, building materials, household goods, abandoned cars, used tyres and hazardous waste.
The Waste Reduction and Recycling Act 2011 includes a range of offences for litter and illegal dumping, including:
- General littering
- Littering from a vehicle
- Dangerous littering
- Illegal dumping
- Failing to clean up waste
Local governments and the Department of Environment and Heritage Protection (DEHP) have a shared responsibility for litter and illegal dumping enforcement. Authorised officers from council and Department of Environment and Heritage Protection (DEHP) can issue fines and direction notices for litter and illegal dumping offence.
Enforcement Process to Remove Waste
Step 1 Show Cause Notice:
Before issuing a compliance notice, council will invite the offending person to 'show cause' why the compliance notice should not be given. The show cause notice will outline the facts and circumstances forming the basis for the belief that a compliance notice should be given.
Step 2 Wait for Response:
A response will be required at least 14 business days after the show cause notice is issued.
If no response proceed to Step 3.
Step 3 Compliance Notice:
Queensland litter laws allow authorised officers from council and the Department of Environment and Heritage Protection (DEHP) to issue compliance notices for illegal dumping. The compliance may require the offender to collect, transport, store, treat or dispose of the waste and ensure that the person responsible does not impose a cost to the council and ultimately rate payers for the waste to be cleaned up.
Step 4 Wait for Response:
If a person is issued with a compliance notice and they are not the person that is responsible, they can complete a statutory declaration within 28 days of receiving the notice and declare the person responsible for the offence or that the vehicle had been sold at the time the incident occurred.
If no response proceed to Step 5.
Step 5 Fine:
If a person fails to comply with a direction to remove waste, they will face an on the spot fine and/or prosecution.