Questions about your litter infringement?

Answers to frequently asked questions about litter infringements.
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How did I get this fine?

Keep Australia Beautiful WA receive written reports of littering from vehicles from Rangers, Government Officials, Police and Fire & Emergency Services personnel and registered community members. These statements are detailed reports of littering offences which have been witnessed by the reporter.

Infringements are then issued from these reports as littering is an offence under the Litter Act 1979.

Do you have to have photographic evidence of this?

No, under the Litter Act 1979, photographic evidence is not required for the issuing of an infringement notice.

What’s to stop someone making a false claim against me for littering?

That would be a malicious report, it would be illegal to make and our investigators may investigate the matter and consider prosecution.

We receive reports from witnesses that include Local Government Rangers, State Government Officers, Emergency Service Personnel and Police officers.

All infringement notices are issued on reports from reporters who are willing to go to court to support the statements they have given.

What are my options when I receive a litter fine?

Your options will include:

  • Paying the infringement.
  • Transferring the fine if you were not driving. Complete part C1 of the infringement notice.
  • Disputing the infringement by submitting a Statutory Declaration (refer part D)
  • Having the matter heard by a Magistrate. Complete part E of the notice and return it to this office.

What if I don’t pay the fine?

If you do not pay the fine, or the final demand notice, by the due date, your fine will progress to the Fines Enforcement Registry (FER) for further action, this may include the suspension of your driver’s license.

It wasn’t me, another person I know littered from my car. What do I do?

Being the registered owner of the vehicle you have received the fine.  You have the option of transferring the fine into the driver of the vehicles name on the back of the infringement notice.

It wasn’t me. Lots of people drive my car. I don’t know who littered from my car, what do I do?

If you are unable to provide the details of the driver or person who committed the alleged offence you will need to write a formal statement on a Western Australian Statutory Declaration form stating the reasons why. Under the Statutory Declarations Act 1959, a person who wilfully makes a false statement in a Statutory Declaration is guilty of an offence and may be fined or jailed. 

My licence has been suspended, what do I do?

If your litter fine has progressed to the Fines Enforcement Registry (FER) because it has not been paid your license may have been suspended. To have the suspension lifted the litter infringement needs to be addressed by contacting FER on 1300 650 235 or 9235 0235 or KABC on 6364 7913 for further information. Your options will include:

  • transferring the fine if you were not driving complete part C1
  • having the matter heard by a Magistrate. Complete part E of the notice and return it to this office.
  • payment to Fines Enforcement Registry or Keep Australia Beautiful Council.

Is littering an apple core/fruit skins really considered littering?

Yes, throwing any unwanted organic material out of your vehicles window is littering. 

Apple cores and fruit skins take a number of months to break down, and is unsightly like other litter. This litter can attract vermin and if littered in the bush can attract wildlife to the roadside which creates danger for drivers and hazards for native wildlife.

The littering happened in a car park, that’s private property so you can’t give me an infringement notice for that.

Under the Litter Act 1979, you are subject to being penalised for any littering that occurs in an area frequented by the public, such as shopping centres and car parks.

I didn't receive the initial infringement notice.

If there is a discrepancy between their current address and the address we have sent the infringement to, reset the infringement and send the infringement notice to the new address.

I have been out of the country/interstate recently and never received anything until now threatening to suspend my driver’s licence.

If you are looking to make payment, we can put the matter on hold at the Fines Enforcement Registry for 28 days and you can make payment to us for the original amount. If you wish to dispute the matter you can.

What is a statutory declaration?

A statutory declaration is a written statement that allows a person to declare something to be true. If you intentionally make a false statement in a declaration, you can be charged with an offence.

To complete a statutory declaration you will need to have someone on the list of authorised witnesses watch you sign the completed form. They will also need to sign it. 

Statutory declaration forms can also be obtained at any post office.