If litter is thrown or dropped from a motor vehicle, the Environment Protection Act deems the driver, the registered owner or any person authorised by the registered owner to use the car at that time to be guilty of littering.
EPA’s policy is to issue the infringement notice to the registered owner. If the registered owner isn’t responsible for the littering because someone else was driving their vehicle, the owner will need to provide EPA with a statutory declaration stating who was responsible. Ordinary letters, faxes or emails will not be accepted.
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.
Download a statutory declaration.
The following information must be supplied in a statutory declaration:
- name and address of person who was responsible if you were not. If you don’t know this information, EPA requires an explanation as to why you don’t
- any other relevant facts relating to the offence, including facts that may disprove the reported litter offence.
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