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Effective desktop enforcement

Approaching a serious waste matter during COVID-19

This online toolkit has been designed to help Litter Enforcement Officers explore alternative approaches to serious waste matters and highlight that Litter Enforcement Officers can still be effective during COVID-19 restrictions. 

 

The toolkit consists of a video overview, which is supported below by process flow charts and useful templates for Litter Enforcement Officers to use. 

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Approaching a serious litter matter during COVID-19
Litter Enforcement Officer Network

Approaching a serious litter matter during COVID-19

Play Video

STEP 1 

Collection of evidence

EVIDENCE IN SITU

Obtain good quality photographic evidence of the waste in situ. 

​

  • Request evidence from reporter

  • Request evidence from contractor

  • Attend scene if appropriate using workers permit and COVID safe plan.

OTHER EVIDENCE

Gather other evidence which may be available.

​

  • Nearby CCTV

  • Contact any potential witnesses

  • Vehicle registrations

  • Request completion of a Confidential Litter Report Form compliant to section 45ZK of EPAct 1970.

STEP 2

Enforcement decision

Infringement
or
Prosecution

Consider the nature of the offence, the size and material of waste and methods available for disposal and cost recovery.

Infringement

If sufficient evidence, issue a notice under section 45E of the EP Act 1970. $330 penalty. 

Prosecution

If sufficient evidence and wanting to recover costs, prepare a Brief of Evidence.

Provide a COVID safe opportunity for explanation

It is good practice to seek a response or explanation from the suspect. There are two COVID safe alternatives.

Phone
interview

  • Record the phone call

  • Caution the suspect

  • Inform of recording

  • Confirm identity appropriately

or

Online video interview 
(preferred)

  • Record the video call

  • Caution the suspect

  • Inform of recording

  • Confirm identity appropriately

45ZI

Issue a request for information using a notice under section 45ZI of the EP Act 1970.

Report received and evidence collected

Collect evidence as outlined in step 1

Decide how proceed

With evidence collected and suspect response, decide whether to proceed with issuing an infringement or taking the matter to court. 

Consider step 3 

Remember to consider the disposal of material and opportunity for cost recovery​ at this point.

A confidential litter report form (45ZK) is acceptable from a witness. 

The matter will not be heard until the end of 2020 or later. 

Attend a LEON Prosecutions Training Course if you are not confident in prosecution. 

STEP 3 

Removal of material

No
Consider if the material must be removed immediately

  • Is there a large amount?

  • Will it attract more litter?

  • Is it dangerous?

  • Is it an obstruction?

  • Does it present any hazard?

Yes
No
Engage a contractor to remove material

Seeking prosecution to recover costs is recommended.​

Refer to step 2.

Consider delaying removal

Consider delaying removal until the litterer can safely and legally be directed to remove the litter (45V, 45X or 45Y depending on your delegations)​

Submit any questions you have about this toolkit here

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The Litter Enforcement Officer Network has prepared other short videos to assist Litter Enforcement Officers adapt to COVID-19 stage 3 restrictions.

Adapting to COVID-19

Adapting to COVID-19

Watch Now

Upcoming events

Improve your investigation and prosecution skills, or ask more specific COVID-19 questions by attending an upcoming event.

  • 01 May 2024, 2:00 pm – 4:00 pm
    Online
    This member meeting will be explore the role of recycling and resource recovery in reducing litter and illegal dumping, including programs like container refund schemes and how they have impacted littering behaviour​​. Options for land managers to manage these sites or initiatives will be discussed.
  • 07 May 2024, 10:00 am – 2:00 pm
    Hobart, Hobart TAS, Australia
    Professional development for Authorised Officers to increase their understanding of the powers of an authorised officer and the provisions of the Litter Act 2007 in Tasmania. Trainees will learn how to identify a waste offence and its elements, plus useful investigation techniques.
  • 14 May 2024, 1:00 pm – 4:00 pm
    Microsoft Teams
    Professional development for Authorised Officers to increase their understanding of the powers of an authorised officer and the provisions of the Environment Protection Act 2017 in Victoria. Trainees will learn how to identify a waste offence and its elements, plus useful investigation techniques
  • 10 Oct 2024, 11:00 am – 3:00 pm
    Brisbane, Brisbane QLD, Australia
    Professional development for Authorised Officers to increase their understanding of the powers of an authorised officer and the provisions of the Waste Reduction and Recycling Act 2011 in QLD. Trainees will learn how to identify a waste offence and its elements, plus useful investigation techniques.
  • 22 Oct 2024, 2:00 pm – 5:00 pm
    Microsoft Teams
    Professional development for Authorised Officers to increase their understanding of the powers of an authorised officer and the provisions of the Environment Protection Act 2017 in Victoria. Trainees will learn how to identify a waste offence and its elements, plus useful investigation techniques
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