Legislative Assembly for the ACT: 2002 Week 14 Hansard (12 December) . . Page.. 4517..
(Question No 306)
Mr Cornwell asked the Minister for Planning, upon notice:
(1) What controls exist to prevent construction sites damaging the surrounding environment by:
(a) scattering litter;
(b) breaking limbs from trees; and
(c) dumping bricks, sand etc, on areas outside of the construction site.
(2) What penalties apply for such offences.
(3) How are these penalties enforced.
Mr Corbell: The answers to the member's questions are as follows:
(1) (a) Under Part 2 Division 4 of the Building Act 1972 builders are required to comply with the Building Code of Australia (BCA). Because of this requirement builders have an obligation under Appendix A ACT 3 of the BCA (Control of litter on building sites) to prevent building litter from spreading around the site and beyond the site boundary. Builders are required to provide sufficient containers on site to store building waste that is likely to become windblown.
(b) Under Section 7 and 8 of the Trespass on Territory Land Act 1932 and Section 43 Nature Conservation Act 1980, a person shall not without reasonable excuse damage or destroy trees, plants or garden on unleaded Territory land.
(c) Section 3 of the Litter Act allows Litter Infringements to be issued to persons found dumping commercial and or general litter on unleaded Territory land.
A licence can be granted to occupy or use an area of unleaded territory land under the Land (Planning and Environment) Act 1991 for the storage of bricks and sand etc. Conditions of use are applied to the approval for suitable restoration of any damage to the land.
Contractors storing items on unleaded land without approval will be requested to remove them under the Roads and Public Places Act 1936. The owner can be requested to remove prescribed objects within specific time frames. When items are not removed, they can be impounded and stored in the retention area for a specific period.
(2) Penalties are
- $500.00 litter fine for deposit commercial waste in or on a public place.
- $150.00 litter fine for Deposit litter in or on a public place.
(3) Officers from Planning and Land Management may use enforcement provisions under the Building Act 1972 and the Land (Planning and Environment) Act 1991 to ensure compliance with the litter control provision of the BCA.