Illegal dumping investigation process
Enforcement Process to Remove Waste
Step 1 Show Cause Notice:
Before issuing a compliance notice, council will invite the offending person to 'show cause' why the compliance notice should not be given. The show cause notice will outline the facts and circumstances forming the basis for the belief that a compliance notice should be given.
Step 2 Wait for Response:
A response will be required at least 14 business days after the show cause notice is issued.
If no response proceed to Step 3.
Step 3 Compliance Notice:
Queensland litter laws allow authorised officers from council and the Department of Environment and Heritage Protection (DEHP) to issue compliance notices for illegal dumping. The compliance may require the offender to collect, transport, store, treat or dispose of the waste and ensure that the person responsible does not impose a cost to the council and ultimately rate payers for the waste to be cleaned up.
Step 4 Wait for Response:
If a person is issued with a compliance notice and they are not the person that is responsible, they can complete a statutory declaration within 28 days of receiving the notice and declare the person responsible for the offence or that the vehicle had been sold at the time the incident occurred.
If no response proceed to Step 5.
Step 5 Fine:
If a person fails to comply with a direction to remove waste, they will face an on the spot fine and/or prosecution.