NSW Rubbish dumped on private property, Criminal? or Civil only?

[GC.]

A friend is building on a small commercial block and had paid to clean it up and fence it. Now a nearby business has dumped rubbish over the fence and a witness contacted my friend letting him know who did it. My friend contacted the dumper via SMS and demanded that he clean it up, the dumper replied that it was because they (the dumper) haven't organised a skip yet (which I take as a written admission of guilt.) The rubbish is now scattered across my friend's block of land.

My friend went to the Police, who said that it was a civil case and referred him to the EPA via "Snap send solve". The EPA referred him to the Council, and the Council say that it's nothing to do with them as it is on private land.

I am trying to find out if there is any criminal element to this and, if so, which agency is responsible for pursuing it?

My friend is considering collecting up the rubbish and walking into the dumper's business and scattering it around his building. If this is indeed, as the police say, a solely civil case then it would seem to me that this would resolve things. If it is not a solely civil case, then there should be some agency that should prosecute the dumper.

I suggested to him that he tell the police that he is intending to dump it back based on them saying that it is only a civil case, and see if that changes their perspective.

We are aware that the option of dealing with the rubbish himself is available, but there are concerns that this will continue and become unmanageable if there are no consequences to the dumper.

Any suggestions here?

 

[Rod]

Send a demand letter. Put the onus on the dumper to clean up else your friend hires a company to clean it up and place it back on the the dumper's property, and they will be charged for the privilege.

After all, your friend is only returning their property.

BTW take lots of photos as evidence, especially if the litter can easily be identified as belonging to the dumper.

 

[Scruff]

Litter laws only apply to public places and that only includes private property if it is open to the public.

So if your friend's property is fenced and not open to the public, then no offence has been comitted. (Yes, it is one of many laws that is stupid and totally inconsistent with the expectations of any normal person.)

Your friend therefore needs to be careful if "returning" the rubbish, because if the dumper's property is open to the public then it is your friend that will be committing an offence.

Get quotes to clean up and take it all to the tip. Double (or triple - whatever tickles your fancy) the highest quote and put that amount in the letter as the cleanup cost that will be pursued if the dumper doesn't cleanup by whatever date. If it's a construction site, then I would come up with a daily amount that will be pursued as well - after all, someone has to pay for all those very expensive construction delays, right?

The relevant legislation is the Protection of the Environment Operations Act 1997.

 

[Rod]

then no offence has been comitted

Not true, possibly no criminal offence and no litter offence, but civil action is possible.