A $607 Environment Protection Authority Victoria (EPA) fine issued to a Hallam man for throwing a lit cigarette butt out of his car window has proven costly after the fine was upheld in court this week, which also ruled he must now also pay $2000 in EPA’s legal costs.
The man elected to challenge the $607 fine at the Ringwood Magistrates’ Court on 16 January 2017, claiming he didn’t commit the offence.
The court heard around 6.15pm on 6 January last year, a member of the public witnessed the man throw the lit cigarette butt from his car window on Wellington Road, Mulgrave. It was reported to EPA via its Report Litter App later that evening.
The man elected to have the matter heard and determined in court, claiming he was not a smoker and believed the notice stemmed from road rage.
On the day of the hearing, the accused did not appear at court, and the community member who reported the matter to EPA attended and gave evidence.
The Ringwood Magistrates’ Court ruled the man committed the litter offence and was in breach of section 45E(1)(a) of the Environment Protection Act 1970. He was fined $600 and was ordered to pay $2000 in legal costs.
EPA Acting Executive Director of Regulatory Practice and Strategy, Lisa McLeod said the court ruled in EPA’s favour and upheld the fine after the community member who witnessed the littering provided evidence in court.
“We would like to thank that person for making a report to us. This case really reinforces the importance of community reporting in holding litterers to account,” she said.
“Everyone issued with a litter fine has the right to request that EPA review the matter or to have it determined in court, and on this occasion the infringement was upheld.
“Littering pollutes our roadsides, chokes our waterways and can threaten our wildlife. And throwing lit cigarettes out your car window is a serious fire hazard, particularly in summer.”
Last financial year, EPA handed out over $6.5 million in fines to more than 15,000 Victorians for discarding litter from their vehicles.
From 1 July 2016, EPA litter fines range from $311 for a small piece of rubbish or unlit cigarette up to $622 for a lit cigarette.
People can report littering via EPA’s website, through its smartphone litter app, or by calling 1300 372 842 (1300 EPA VIC).
People will need the following information when reporting:
1. Who? Car details, registration number, colour, whether it was the driver or passenger, gender of litterer.
2. What? Lit or unlit cigarette or a description of the litter item.
3. When? Exact time and date of offence.
4. Where? Where was the car, what road was it travelling on, in which suburb? What intersection was closest?
5. How? How was the litter deposited – was it thrown from vehicle, dropped before exiting vehicle or dropped before getting into a car?