Amendments to the Local Nuisance and Litter Control Act 2016

5 May 2026

Get ahead of 18 June 2026!!

Amendments to the Local Nuisance and Litter Control Act 2016

Are you aware that there are many significant amendments from the Local Nuisance and Litter Control (Miscellaneous) Amendment Act 2025 commencing on 18 June 2026?

Our summary of the key amendments is below.

 Exemptions

1. Many of the limitations one exemptions will be removed to make them more functional and ‘fit-for-purpose’: councils will be able to waive the requirement for an applicant to provide a site
   1. nuisance management plan in prescribed circumstances;
   2. the timeframe applicable to an exemption can be determined on a case-by-case basis by councils.  Further, either an ‘end date’ can be set or an exemption can operate until revoked by the council which granted it; and
   3. the holders of exemptions can apply to have them extended.
2. Further, councils will be able to set their own fees for applications to seek an exemption and for extensions to exemptions, under section 188(1)(g) of the Local Government Act 1999.

Litter from business premises

Litter abatement notices will be able to require a person to keep areas up to 100 metres from ‘business premises’ (including car parks and common areas of shopping centres, as relevant) free from litter and to develop plans of action to address litter from business premises.

Urgent litter clean-ups

Where a council takes urgent action to clean up hazardous litter from a public place, but the identity of the person who disposed of it is not known at the time, if the council later identifies the person, it may recover its costs and expenses from that person.

The ability to sell items, etc removed from premises

Where substances, materials or things are removed from premises by a council acting under section 31 of the Act, the council can sell the items to offset its sale and other costs.

Expiation fees

Expiation fees for bodies corporate are being increased to at least double the fee applicable to individuals.

1. under sections 18, 22(1)(b) and 30 from $500 to $1,000;
2. under section 22(1)(a) from $1,000 to $2,000; and
3. under sections 22(1)(c) and 24 from $210 to $500.

The expiation fee for bill posting will be increased from $315 to $500 without any distinction between a natural person and a body corporate offender.

A second ‘wave’ of amendments, dealing with shopping trolleys and ‘designated devices’ will commence on 17 June 2027.

Cimon Burke will be explaining the amendments, their impacts and benefits for councils at an upcoming seminar for the Local Government Authorised Persons Association. Click this link for more information: https://apa.wildapricot.org/event-6625134

Otherwise, if you require practical and pragmatic advice on any of the amendments, please contact Cimon Burke on 8113 7105 or cburke@kelledyjones.com.au or Victoria Shute on 8113 7104 or vshute@kelledyjones.com.au.