For litter infringements occurring from a vehicle, the following people are all considered guilty:
- the driver of the vehicle
- the registered owner of the vehicle
- anyone the owner authorised to use the vehicle when the offence happened.
EPA will issue the infringement notice to the registered owner.
If you are the registered owner, you can nominate another person by providing us a statutory declaration in either of these cases:
- another person was driving or possessed the vehicle when the offence happened
- you did not deposit the litter but you saw who did (such as a passenger).
Possible outcomes of submitting your statutory declaration include:
- EPA withdrawing your infringement
- EPA withdrawing your infringement and issuing one to another person.
- EPA rejecting your nomination.
Nominations only apply to litter infringements.
To nominate another person, submit an original statutory declaration (PDF 146KB) within 14 days of receiving your infringement notice.
Providing a false statutory declaration is an offence with significant penalties, including imprisonment.
Your statutory declaration must:
- state your full name (or company name and your job title if applicable)
- state your residential address (or company address if applicable)
- nominate one of –
- the person you saw deposit the litter
- the driver at the time of the offence
- the person authorised to use the vehicle at the time of the offence
- the owner at the time of the offence (for example, for sold vehicles)
- include the full name of the person you are nominating
- include their residential or business address
- be signed by you and an authorised witness.
If you do not know the responsible person’s address you must state that and why you do not know.
Note: If the vehicle is registered to a company, then the statutory declaration must be made by the person who was driving at the time of the alleged offence.
How to apply
You can submit your original statutory declaration to:
- GPO Box 4395, Melbourne Victoria 3001
- Level 3, 200 Victoria St, Carlton Victoria 3053.