Every year more than 20,000 people are reported to EPA for throwing litter out of their vehicle.
In 2002 EPA introduced the following law to the Environment Protection Act 1970:
45G. Owners, drivers etc. of vehicles from which litter deposited liable for littering.
1 - If litter is deposited from a vehicle contrary to section 45E, the following are deemed to be guilty of an offence against section 45E –
a) the driver of the vehicle; and
b) the registered owner of the vehicle; and
c) any person authorised by the registered owner to use the vehicle at the time the offence was committed.
When a vehicle is reported to have had litter thrown or dropped litter from it EPA will issue the owner of the vehicle an infringement notice that relates to the description of the item thrown.
What are your options when you’re fined?
- Pay your infringement notice via the below payment methods by the due date
- If you are not responsible for the offence you can:
- Nominate the person responsible, stating their full name and residential address on the EPA’s statutory declaration
- Dispute the infringement notice in accordance with section 45I(1)(b) by lodging a statutory declaration.
- Apply, or someone acting on your behalf may apply, to have the decision to serve this notice internally reviewed by EPA Victoria
- Elect to have the matter of the infringement offence heard and determined in Court, by making a written statement to that affect and serving it on EPA Victoria at the address below:
GPO Box 4395
Melbourne Victoria 3001
The Evidence Act 1958 governs the use of statutory declarations.
Providing a false statutory declaration is an offence for which significant penalties, including imprisonment, can apply. This law applies to EPA’s litter reporters as well as people completing a statutory declaration to dispute or nominate someone else for a fine.
Download a statutory declaration (PDF 146KB). The following information must be supplied in a statutory declaration:
1) - The statutory declaration must -
a) - declare that the person saw another named person deposit the litter and declare -
i - the address of that person, or;
ii - that the person does not know the address of that person and the reasons why the person does not know the address; or;
b) - declare -
i - that the person did not deposit the litter; and
ii - that the person did not see who deposited the litter; and
iii - the name and address (if known) of any person who was in or near the vehicle at the time the litter was deposited.
2) - A statutory declaration that complies with this section is admissible in any proceedings as evidence of the matters stated in it. EPA cannot accept copies or photocopies of Statutory Declarations, please supply the original hardcopy completed and signed by the notice recipient as well as signed by an authorised witness.