If you’ve been reported for littering

If you’ve been reported for littering

Every year more than 20,000 people are reported to EPA for throwing litter out of their vehicle.

In 2002 EPA introduced the following law to the Environment Protection Act 1970:

45G. Owners, drivers etc. of vehicles from which litter deposited liable for littering.

1 - If litter is deposited from a vehicle contrary to section 45E, the following are deemed to be guilty of an offence against section 45E –

a) the driver of the vehicle; and
b) the registered owner of the vehicle; and
c) any person authorised by the registered owner to use the vehicle at the time the offence was committed.

When a vehicle is reported to have had litter thrown or dropped litter from it EPA will issue the owner of the vehicle an infringement notice that relates to the description of the item thrown.

What are your options when you’re fined?

  • Pay your infringement notice via the below payment methods by the due date.
  • If you are not responsible for the offence you can:
    • nominate the person responsible, stating their full name and residential address on the EPA’s statutory declaration
    • dispute the infringement notice in accordance with section 45I(1)(b) by lodging a statutory declaration.
  • Apply, or someone acting on your behalf may apply, to have the decision to serve this notice internally reviewed by EPA Victoria (see below).
  • Elect to have the matter of the infringement offence heard and determined in court, by making a written statement to that affect and serving it on EPA Victoria at this address:

    EPA Victoria
    GPO Box 4395
    Melbourne Victoria 3001

Statutory declarations

The Evidence Act 1958 governs the use of statutory declarations.

Providing a false statutory declaration is an offence for which significant penalties, including imprisonment, can apply. This law applies to EPA’s litter reporters as well as people completing a statutory declaration to dispute or nominate someone else for a fine.

Download a statutory declaration (PDF 84KB). If your company has received a litter infringement notice, use this statutory declaration for companies (PDF 248KB). The following information must be supplied in a statutory declaration:

1) - The statutory declaration must - 

a) - declare that the person saw another named person deposit the litter and declare - 
i - the address of that person, or;
ii - that the person does not know the address of that person and the reasons why the person does not know the address; or;

b) - declare -
i - that the person did not deposit the litter; and
ii - that the person did not see who deposited the litter; and
iii - the name and address (if known) of any person who was in or near the vehicle at the time the litter was deposited.

2) - A statutory declaration that complies with this section is admissible in any proceedings as evidence of the matters stated in it. EPA cannot accept copies or photocopies of Statutory Declarations, please supply the original hardcopy completed and signed by the notice recipient as well as signed by an authorised witness.

Q and A on paying fines + Expand all Collapse all

  • How can I dispute my fine?

    If you are not responsible for the offence, you can submit a statutory declaration to do either of the following:

    • nominate the person responsible for littering or the person who authorised to use the vehicle at the time of the alleged offence
    • dispute the fine by providing a detailed statement setting out who had custody of the vehicle at the time of the alleged offence and why you are not responsible for it (ensure your declaration complies with section 45I of the Environment Protection Act 1970 – located on the back of your fine). Lodgement of a statutory declaration does not mean an automatic dismissal of the fine. Any person who knowingly makes a false statement in a statutory declaration is liable to the penalties for perjury, including imprisonment.

    You can also apply for an internal review or elect to have the matter taken to court.

  • How can I pay my fine?

    You can pay your fine by three methods:

    In person: Phone: Bpay:
    Pay your fine at any post office. Call EPA Victoria on 1300 372 842 (1300 EPA VIC) between 9 am and 5 pm weekdays to pay your fine using Mastercard or Visa. Use the infringement number as your reference. Pay this fine via your Internet banking provider or phone banking.

    Biller code: 150714
    Reference: 45 followed by the infringement number

  • What happens if I do nothing?

    Please note that, if you ignore the fine, the matter will become more serious. Overdue fines do not simply disappear. You need to take action now to avoid extra costs.

  • Why have I received a fine?

    Under the Environment Protection Act 1970, the registered owner of a vehicle is responsible for litter thrown in connection with that vehicle. Every year more than 20,000 people are reported to EPA for one of these reasons:

    • litter was reported to have been thrown from their vehicle)
    • litter was reported to have been thrown by a person before/after they entered/left their vehicle
    • they were nominated by the registered owner of a vehicle as having littered in connection with, or been in control of, the vehicle.

    Note that photographic or video evidence is not required for EPA to issue a litter fine.

  • I can’t afford to pay in one instalment – do you have a payment plan?

    You may be eligible for a payment plan in accordance with the Infringement Act 2006. To find out if you are eligible please call and speak with our friendly customer support team on 1300 372 842 (1300 EPA VIC).

    Part payments may be made provided the full amount is received by the due date or negotiated otherwise with EPA’s litter team.

    Small and large unlit items Burning items
    This includes unlit cigarette butts, paper wrappers, fast food packaging, drink containers and cigarette packets. This includes but isn't limited to items such as lit cigarettes and matches.
    $330 $661
  • I need help with my fine because I am affected by family violence. What can I do?

    You may be eligible for the Fines Victoria Family Violence Scheme.

    The Fines Victoria Family Violence Scheme allows infringement recipients to have fines withdrawn if family violence substantially contributed to the offence or if it is not safe for you to name the responsible person.

    Please apply through Fines Victoria at www.justice.vic.gov.au/fvs or call Fines Victoria at 1300 019 983 for more information.

  • How do I apply for an internal review to be conducted?

    If you would like to request an internal review you, or someone acting on your behalf, may apply to have the decision to serve this notice reviewed internally. You must state that you would like the matter reviewed on one of the following grounds:

        1 – contrary to law
        2 – mistake of identity
        3 – special circumstances
        4 – exceptional circumstances
        5 – person unaware of fine.

    Download Application for internal review (infringements only) (PDF 223KB), print and complete the form and send it to EPA Victoria, GPO Box 4395, Melbourne, VIC 3001, or fax it to 03 9695 2520. Refer to this fact sheet for more information.

  • My passenger threw the item – how do I nominate someone else?

    If you are not personally responsible but you saw one of your passengers throw the item you can complete a statutory declaration provided on this page.

    You must supply the passenger’s full name and residential address. The infringement will then be re-issued in the name of your passenger.

    If you don’t know your passenger’s address you must provide reasons why.

  • How does EPA issue litter infringements?

    There are over 50,000 people who have registered to report litter to EPA – these reporters are members of the general public who have committed to being EPA’s eyes and ears – reporting littering from motor vehicles when they see it.

    When anyone sees someone throw or drop litter from a vehicle they have the right to report the offence to EPA via our public litter reporting program. They are asked to provide a description of the vehicle that includes the vehicle registration number, colour, vehicle model and vehicle make. They also need to describe the litter and the person who threw the litter.

    With this information, EPA verifies if the report is accurate by cross-checking the vehicle details with the VicRoads database – much like the police do. If the registration number and vehicle details match, an infringement will be issued to the owner of the vehicle in accordance to the EP Act.

  • Who has reported me?

    EPA litter reporters are members of the general public. EPA is bound by the privacy laws and therefore cannot reveal the identity of the person who reported you. These privacy laws also prevent people who receive a litter infringement being identified to the litter reporter.

    The only time in which a litter reporter’s identity will be revealed is if the matter is taken to the Magistrates Court.

  • How do I find out more details about the litter report?

    The details for your litter report are contained on the litter infringement, these include; date, time, location, offence, offence description and vehicle registration. If you would like to know if more detail was provided by the reporter please call 1300 EPA VIC (1300 372 842).

Page last updated on 8 May 2019