Illegally dumped waste
The unlawful deposit of waste, also known as illegally dumped waste occurs when a person deposits waste in a place or premises without permission. The unlawful deposit of waste also includes burying or burning waste and waste falling or escaping from a property, vehicle or bin.
Common examples of unlawful deposits of waste include:
- leaving hard waste, furniture, household items or other materials on nature strips
- disposing of whitegoods, tyres, mattresses and other items on roadsides or reserves
- disposing of building materials and soil on public or vacant land
- disposing of vegetation or green waste in parks and reserves
- disposing of cigarette butts or other litter from vehicles
- placing household waste or other items in public street litter bins
- leaving items outside op shops or charity bins
Illegally dumped waste harms the environment, creates public health risks, attracts pests, damages waterways, reduces community amenity and costs the community hundreds of thousands of dollars in clean-up expenses each year.
Under the Environment Protection Act 2017, the unlawful deposit of waste is a criminal offence and may result in significant fines, prosecution, court orders and offenders being held responsible for any clean-up costs incurred by the Shire.
The Shire takes seriously the unlawful deposit of waste given the impacts to health, environment and amenity.
Waste responsibilities
Protecting the environment on the Peninsula is a shared responsibility.
We all have responsibilities under the Environment Protection Act 2017 to reduce risks to human health and the environment.
The legislation includes a “general environmental duty”, which means individuals and businesses must take reasonable steps to prevent waste and pollution from harming the environment.
Residents and businesses can help reduce illegal dumping by:
- reporting dumping incidents to the Shire
- using authorised waste and recycling facilities
- booking hard waste collections
- securing loads during transport
- educating others about lawful disposal
- participating in local clean-up events
Reporting illegally dumped waste
You can help keep the Peninsula clean by reporting illegally dumped waste or littering.
When reporting, try to record:
- the location of the incident
- the date and time of the offence
- a description of people involved
- the type of waste dumped
- vehicle registration details (if applicable)
- photos or videos (if safe to obtain)
Do not approach offenders or touch dumped materials, particularly if hazardous waste is involved.
Report illegal dumping Report illegal dumping involving a vehicle
Where the Shire may not be able to investigate
Some matters or situations may fall outside the Shire's responsibility or jurisdiction.
Private land complaints
The Shire's ability to investigate waste dumped on private land may be limited, unless:
- the person reporting is the landowner or occupier, and
- clear evidence identifying the offender can be provided.
Note: The Shire cannot remove waste from private land.
State Government land
The Shire does not investigate waste deposited on State Government owned or managed land, including:
- Department of Energy, Environment and Climate Action (DEECA)
- Department of Transport
- VicTrack
- Parks Victoria
- Melbourne Water / South East Water
- Committees of Management.
The Shire may, however, investigate where an event is witnessed (e.g., waste thrown from a vehicle) and evidence identifying the offender can be provided, such as vehicle registration details.
Note: The Shire cannot remove waste from State Government or Committee of Management owned or managed land.
See a list of all Department of Transport managed roads.
Frequently asked questions
What items are free to take to the tip?
Items such as batteries, gas cylinders, electronics, recyclables, mattresses, metals, motor oil, paint, tyres and whitegoods can be disposed of for free at our tips.
Find the full list of items that residents can dispose of at our tips on our Free of charge items at our resource recovery centres (tips) page.
Free waste disposal is only available to Shire residents, not for business or commercial disposal.
Can I place unwanted items on the nature strip?
No. Placing items on a nature strip or public land without a scheduled hard waste collection is considered an unlawful deposit.
Public land and nature strips cannot be used for “free item” collections or giveaways.
Residents are encouraged to:
- place the items on their own property
- use online reuse platforms
- donate suitable items to charities
- book a hard waste collection
If you have booked a hard waste collection, items must only be placed out up to 24 hours before the scheduled collection week.
Is it illegal to leave items next to charity bins or op shops?
Yes. Leaving goods outside donation bins or op shops, even if the items are reusable, is considered illegal dumping.
If donation bins are full or the store is closed, items should be taken home and returned during operating hours.
Items left outside are often damaged by weather or vandalism and may no longer be suitable for reuse, resulting in disposal costs for charities.
Can I place household or hard waste in, on or beside street litter bins?
No. Street litter bins are for small, incidental waste only, not for household waste, business waste, or bulky items.
Significant penalties apply for depositing waste in, on or around street litter bins.
Are there any recycling or reuse options for unwanted items?
Yes. We encourage residents to recycle or reuse items wherever possible.
Options include:
- Op shops and donation centres
- Shire hard waste collections
- Resource Recovery Centres
- Recycling drop-off events for e-waste, paint and chemicals
- Online reuse or resale platforms.
Check out our waste and recycling guide for disposal and recycling options by item.
What if I paid someone to remove my rubbish and they dumped it illegally?
You may still be responsible for illegally dumped waste if you cannot provide evidence that it was transferred to a legitimate waste contractor or disposal facility.
Before hiring a waste removalist:
- check they are legitimate and authorised
- request a receipt/s and business details
- compare disposal costs with Shire Resource Recovery Centre fees
If you believe a person engaged through websites, unlawfully deposited your waste, report the matter to the Shire. Provide any relevant information, including names, contact details, photographs, and/or vehicle registration.
What should I do if I see someone in the act of dumping litter or waste?
If you witness an illegal dumping of waste or litter:
1. Do not confront the person.
2. Note details, such as:
- Date, time, and location
- Description of the person(s)
- Description of waste dumped
- Vehicle make, model, colour, and number plate (if applicable)
3. Take photos or video, if safe to do so.
4. Report it to the Shire for investigation immediately.
What does the Shire do to prevent illegal dumping?
We take a proactive approach to preventing illegal dumping, including:
- monitoring and patrolling known dumping hotspots
- investigating reports of illegally dumped waste
- running education and awareness campaigns
- providing accessible disposal options at Resource Recovery Centres
- providing hard waste collections
- partnering with EPA Victoria, Victoria Police and other agencies
- issuing infringement notices and enforcement notices such as Waste Abatement and Waste Information Gathering notices.
- where necessary, prosecuting offenders.
What is a Waste Information Gathering Notice (WIGN)?
A Waste Information Gathering Notice (WIGN) is a legal notice issued by a Litter Enforcement Officer under the Environment Protection Act 2017.
Waste Information Gathering Notices may require a person in a specified time or manner to:
- provide information or explain circumstances relating to an alleged unlawful deposit of waste.
- provide details of a person responsible for unlawfully depositing waste.
- provide evidence relevant to the unlawful deposit of waste.
Failure to comply with a Waste Information Gathering Notice or providing false or misleading information is an offence, and may result in infringement notices, prosecution or court orders.
What is a Waste Abatement Notice (WAN)?
A Waste Abatement Notice (WAN) is a legal direction issued by a Litter Enforcement Officer under the Environment Protection Act 2017, requiring a person to remove unlawfully deposited waste or take action to prevent further environmental harm.
Waste Abatement Notices may require a person in a specified time or manner to:
- remove and lawfully dispose of the illegally dumped waste.
- reinstate the area where the waste was deposited.
- take measures to prevent the deposit of waste.
- provide evidence that the waste has been disposed of lawfully.
Failure to comply with a Waste Abatement Notice is an offence and may result in infringement notices, prosecution, court orders and Shire incurred clean-up costs.
What are the offences and penalties relating to an unlawful deposit of waste?
The following are some of the offences under the Environment Protection Act 2017.
|
Summary of offence
|
Infringement penalty
|
Maximum Court penalty*
|
|
Unlawful deposit of litter
|
$407 (individual)
|
$4,070 (individual)
|
|
$2,035 (body corporate)
|
$20,351 (body corporate)
|
|
Unlawful deposit of dangerous litter
|
$814 (individual)
|
$12,211 (individual)
|
|
$4,070 (body corporate)
|
$61,053 (body corporate)
|
|
Unlawful deposit of waste of more than 50 L but less than 1,000 L
|
$1,221 (individual)
|
$20,351 (individual)
|
|
$6,105 (body corporate)
|
$101,755 (body corporate)
|
|
Unlawful deposit of waste of more than 1,000 L
|
$2,035 (individual)
|
$48,842 (individual)
|
|
$10,176 (body corporate)
|
$244,212 (body corporate)
|
|
Fail to remove waste when requested by a litter enforcement officer
|
$407 (individual)
|
$2,035 (individual)
|
|
$2,035 (body corporate)
|
$10,176 (body corporate)
|
|
Refuse or fail to comply with waste abatement notice
|
$1,221 (individual)
|
$8,140 (individual)
|
|
$6,105 (body corporate)
|
$40,702 (body corporate)
|
|
Fail to comply with notice to remove or dispose of waste
|
$1,221 (individual)
|
$8,140 (individual)
|
|
$6,105 (body corporate)
|
$40,702 (body corporate)
|
|
Fail to comply with request by litter enforcement officer to provide name and address
|
$407 (individual)
|
$4,070 (individual)
|
|
State false name or address to litter enforcement officer
|
$407 (individual)
|
$4,070 (individual)
|
|
Fail to comply with request by litter enforcement officer to provide proof of name or address
|
$407 (individual)
|
$4,070 (individual)
|
|
Refuse or fail to comply with waste information gathering notice
|
$407 (individual)
|
$2,035 (individual)
|
|
$2,035 (body corporate)
|
$10,176 (body corporate)
|
|
Supply false or misleading information
|
|
$8,140 (individual)
|
|
$40,702 (body corporate)
|
|
Unlawful deposit of unsolicited document
|
$407 (individual)
|
$2,035 (individual)
|
|
$2,035 (body corporate)
|
$10,176 (body corporate)
|
|
Unlawful deposit of junk mail
|
$407 (individual)
|
$2,035 (individual)
|
|
$2,035 (body corporate)
|
$10,176 (body corporate)
|
|
Commission the distribution of unsolicited documents
|
|
$4,070 (individual)
|
|
$20,351 (body corporate)
|
|
Engage another person to distribute unsolicited documents
|
|
$4,070 (individual)
|
|
$20,351 (body corporate)
|
|
Damage public waste receptacle
|
$814 (individual)
|
$4,070 (individual)
|
|
$4,070 (body corporate)
|
$20,351 (body corporate)
|
|
Fail to secure load
|
$814 (individual)
|
$4,070 (individual)
|
|
$4,070 (body corporate)
|
$20,351 (body corporate)
|
|
Breach of General Environmental Duty
|
|
$407,020 (individual)
|
|
$2,035,100 (body corporate)
|
|
Aggravated breach of General Environmental Duty
|
|
$814,040 or 5 years imprisonment; or both (individual)
|
|
$4,070,200 (body corporate)
|
Additional penalties relating to industrial waste and priority waste offences are not included in this schedule. The value of a penalty unit for the 2025–26 financial year is $203.51.
*Penalties shown are provided as general information only. Courts may impose additional penalties, orders, clean-up costs and other sanctions depending on the circumstances of the offence.
More information
For more information about illegal dumping and environmental responsibilities, visit: