Like other penalty notices that are issued, if you believe you have been wrongly fined for littering from a vehicle there are a number of steps you can take.
If you believe you are not responsible for littering from your vehicle, do not contact the EPA. You can:
- complete a statutory declaration providing the details of the person responsible (for example a passenger or someone who was using your vehicle) and submit it to Revenue NSW. The penalty notice will then be issued to the person responsible.
- complete a Request for Review on the Revenue NSW website if you believe neither you nor any of your passengers are responsible for littering from your vehicle.
If the review by Revenue NSW is unsuccessful you can choose to have the matter heard in court by contacting Revenue NSW.
Revenue NSW will then inform the EPA you elect to have the matter heard in court. The EPA will review the claim and contact the person who made the report. If there are any anomalies in the report or their recollection of the incident or if they are not prepared to appear as a witness in court, the matter will not proceed.
A penalty for a littering offence is like any other offence, and you may choose to have the matter heard in court and the presumption of innocence applies. It is the responsibility of the prosecution (the EPA), to prove the offence occurred.
Remember, when deciding whether to submit a statutory declaration or to have the matter heard in court that it is an offence under s 307(b) of the Crimes Act 1900 to knowingly provide false or misleading information to the EPA.