The Local Nuisance and Litter Control Act 2016 (SA) has extensive provisions dealing with the disposal of litter. Litter is defined broadly under section 22 but there are three main categories:
The penalties for dumping or discarding litter depend on the type and volume of the litter disposed. The table below refers to offences committed by individuals. For information about the penalties that apply to a body corporate see section 22 of the Local Nuisance and Litter Control Act 2016 (SA).
| Offence | Maximum penalty (monetary) | Maximum penalty (imprisonment) | Expiation |
| Disposal of any amount of class A hazardous litter | $120,000 | 2 years | - |
| Disposal of 50 litres or more of class B hazardous litter or general litter | $30,000 | 6 months | $1,000 |
| Disposal of up to 50 litres of class B hazardous litter | $10,000 | - | $500 |
| Disposal of up to 50 litres of general litter | $5,000 | - | $210 |
Litter is considered to have been disposed if it is deposited on land or in water, or blown or falling onto premises including from a vehicle [s 22(2)].
If requested by an authorised officer, the litter must be removed by the person responsible for having discarded it and failure to do so is an offence [s 24].
Maximum penalty: $5,000 [expiation fee: $210].
Citizen’s notification
A person who reasonably suspects another person of having disposed of litter or having posted a bill on property without the consent of the owner or occupier may notify the relevant council [s 25]. This can be done in person, by letter, email or fax [Local Nuisance and Litter Control Regulations 2017(SA) sch 1). See also the Public Litter Reporting fact sheet (link opens new window) published by the Local Government Association.
Litter abatement notices
Under section 30 of the Act a council may issue a litter abatement notice requiring a person to discontinue a specified activity; refrain from carrying on a specified activity; clean up any litter that has been caused by a contravention of the Act or make good any damage to property caused by contravention of the Act.
It is an offence to fail to comply with such a notice. The maximum penalty is $30,000 [expiation fee: $500].
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