NSW councils have been given new powers to deal with abandoned property.
From Today (1 November 2022), owners will be more accountable under the new Public Spaces (Unattended Property) Act 2021 (“PSUP Act”).
The new rules apply to shopping trolleys, boat trailers, unregistered cars, trailers, caravans, share bikes and personal watercraft.
The PSUP Act replaces the Impounding Act 1993 and places more responsibility on individuals and businesses to better manage their property within reasonable timeframes or face much stronger penalties.
Minister for Local Government Wendy Tuckerman has welcomed the new powers.
“Unattended property such as abandoned shopping trolleys is a big issue for councils, costing local government $17 million a year to deal with. The new rules put the onus back on owners where it belongs,” Mrs Tuckerman said.
“These new laws will not only save councils time and money, they’ll also ensure public spaces are safer, more accessible, and more enjoyable for our communities.”
There will be a six-month grace period where warnings will be issued for unattended property in most cases rather than fines. “
Why Have the New Laws Been Introduced?
The number of vehicles, including trailers, on our roads and in our neighbourhoods has increased. However, if not managed properly, they can result in a safety risk or obstruction to road users or pedestrians and become an amenity issue impacting the environment and enjoyment of our public spaces.
How Does It Work?
Councils and other public land authorities may notify the owner that their vehicle is causing a safety risk or an obstruction or has been left unattended in one place for too long, including boat trailers, other trailers, and caravans.
Once notified, the owner must respond and move the vehicle within the following risk-based timeframes:
- Immediately if causing an obstruction or safety risk
- Three days if unregistered or registered but unable to be legally driven (e.g., due to damage) and left unattended in one place for more than 15 days.
- Fifteen days if registered and left unattended in one place for more than 28 days.
If these timeframes are not met, the council or a public land authority may:
- move the vehicle causing a safety risk or an obstruction to a safer place in the same general area
- take possession of the vehicle and drive the vehicle to a place of storage and issue a fine.
Fines of $660 apply for leaving a vehicle unattended. Higher court-imposed penalties may apply.
What Should You Do If You Have an Issue with an Unattended Vehicle, Trailer, Boat, or Caravan?
You should contact Lane Cove Council. Unless it is an emergency, the best way to log an issue is via Lane Cove Council’s website or SNAP SEND SOLVE.
If there is a safety issue, you can call Lane Cove Council on 9911 3555 (this is a 7-day-a-week 24-hour number).
New Rules for Sharing Services (such as Trolleys and Share Bike)
Councils and other public land authorities may notify an operator that a sharing service item is causing an obstruction or safety risk or has been left unattended in one place for too long.
Once notified, the sharing service operator must respond and move the item within the following risk-based timeframes:
- Three hours if causing an obstruction or safety risk (except after 11pm and before 7am), or
- Four days if left in one place for more than seven days.
If these timeframes are not met, the council or a public land authority may take the unattended item to a place of storage and may issue a fine.
Fines for leaving a sharing service item unattended (excluding shopping trolleys) apply from 1 Nov 2022 of $660 per item ($1,320 for corporations).
Fines for shopping trolleys will apply from 1 May 2023.
Higher fines may apply for a cluster of items.
Higher Court-imposed penalties may also apply. Councils or other public land authorities may move sharing service items causing an obstruction or safety risk to a safer place.
What Should You Do If You Have an Issue with an unattended shopping trolley, share bike or other sharing service item?
Always contact the sharing service operator in the first instance and explain your concerns. If you are not happy with their response, contact your local council or public land authority.
Responsible sharing service use Operators must follow a Code of Practice which requires them to:
- ensure their items are safe to use, and
- clearly brand their items with their contact details.
Members of the public should use sharing service items safely and responsibly by always following NSW road safety laws and other relevant laws and not leaving sharing service items in a way that poses a risk to others or obstructs access, such as blocking a footpath, and not vandalising sharing service items.
New Rules for Smaller Personal Items on Public Land
The PSUP Act also applies to personal recreation equipment such as kayaks, bikes, surfboards and other personal items (not including animals) that are small or medium-sized and ordinarily able to be collected by 1 or 2 people. Examples include baggage and personal recreation equipment such as kayaks, bicycles, and surfboards.
How Does It Work for Smaller Personal Items?
Councils and other public land authorities may notify the owner that their item is causing a safety risk or an obstruction or has been left unattended in one place for too long.
A notice may be affixed directly to the unattended item where the owner cannot be identified.
Once notified, the owner must respond and move the item within the following risk-based timeframes:
- Three hours if causing an obstruction or safety risk (except after 11 pm and before 7 am)
- Seven days if left in one place for more than seven days.
If these timeframes are not met, the council or a public land authority may:
- Move the item causing a safety risk or an obstruction to a safer place in the same general area.
- Take possession of the unattended item and move it to a storage place;
- issue a fine.
Fines for leaving an item unattended will apply from 1 May 2023 at $330 per item. Higher court-imposed penalties may apply.
What Should You Do If You Have an Issue with Smaller Personal Items?
You should contact Lane Cove Council. Unless it is an emergency, the best way to log an issue is via Lane Cove Council’s website or SNAP SEND SOLVE.
If there is a safety issue, you can call Lane Cove Council on 9911 3555 (this is a 7-day-a-week 24-hour number).
Transitioning to the New Laws
From 1 November 2022 to 30 April 2023 a grace period applies for certain offences relating to classes of property left unattended, including:
- shopping trolleys
- personal recreational devices such as kayaks.
This grace period provides an opportunity for members of the public to become familiar with the new laws and make appropriate arrangements for the ongoing storage of their property.
It also enables operators of shopping trolleys additional time to implement and comply with branding requirements in the Code of Practice for Class 2 Items – Shopping Trolleys and other Sharing Service Items.
During the grace period, warnings may be issued to the owner of the above classes of unattended property and, should the property be left unattended after 1 May 2023, a fine may be issued.
Fines may be issued for all offences under the Act from 1 May 2023.
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