In November 2022, NSW councils were given new powers to deal with abandoned property with the introduction of the Public Spaces (Unattended Property) Act 2021 (“PSUP Act”).
It was the first change to impounding laws in 30 years. The PSUP Act replaced the Impounding Act 1993, placing more responsibility on individuals and businesses to better manage their property within reasonable timeframes or face much more substantial penalties.
The laws apply to shopping trolleys, boat trailers, unregistered cars, trailers, caravans, share bikes and personal watercraft.
It has been over two years since the new laws were introduced, and the Office of Local Government (OLG) wants to hear from councils, public members, shared device scheme operators, retailers, and public land management authorities about how the laws are working in practice. You can visit this website and leave your comments. OLG will be taking submissions up to 5pm on 13 June 2025.
The OLG will use the feedback to identify short-term or longer-term improvements or additions to tools, activities, or regulations needed to improve the operation of the PSUP Act.
What Has Been Happening in Lane Cove?
In Lane Cove, when the laws were introduced, residents thought the legislation would assist in removing cars, trailers and caravans parked for long periods on their street without moving.
Previously, Lane Cove Council would only start the impounding process if a car, trailer or caravan was unregistered.
Over the last two years, Lane Cove residents have contacted the council and asked for their rangers to act under the PSUP with mixed results.
Residents have raised queries about vehicles that they consider are causing an obstruction or safety risk, and the result is more likely to be a fine rather than the removal of the vehicle.
One resident asked the Lane Cove Council to move a boat trailer parked in the same spot for a considerable period, and was told that if a resident had a line of sight of their trailer, it was not unattended within the meaning of the PSUP Act.
The car in our cover photo was parked in a disabled spot for over seven weeks. It was blocking pedestrian access to Mindarie Park – which is an accessible park with swings made to accommodate wheelchairs. Fine notices were placed on the vehicle, and the person who reported it to ITC told us NSW Police would not act as the vehicle was registered. This is precisely the type of vehicle that was supposed to be covered by the PSUP Act. The car continues to be parked in a disabled spot.
There has been evidence of Lane Cove rangers applying the laws. ITC spotted this impounding notice in September 2024 on a boat trailer (it certainly looked like the trailer had not been moved for a while).
How Should the PSUP Act Operate?
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.
Below is the information on the Office of Local Government Website.
Have Your Say
You can visit this website and leave your comments. OLG will be taking submissions up to 5pm on 13 June 2025.
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