Unattended Items in Public Spaces

There are new rules for items left unattended in a public place under the Public Spaces (Unattended Property) Act 2021 legislation and regulations.

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Personal Items – small to medium sized items left in public

It is important to ensure public spaces are safe, accessible and can be enjoyed by everyone, without having to navigate obstacles created by unattended property. This includes personal items that are small or medium-sized and ordinarily able to be collected by 1 or 2 people (not including animals). Examples include baggage and personal recreation equipment such as kayaks, bicycles and surfboards.

Council has a duty of care to ensure that footpaths and nature strips are clear clean and tidy for the safety of pedestrians. The use of reserves for the storage of goods or materials may cause environmental harm or hazard to the public. The storage of goods in our bushland environments may add to fuel loads and place properties at increased risk of fire or may harbour vermin or dangerous reptiles. Rangers investigate these matters and seek the cooperation of residents to remove these goods.

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. Where the owner is unable to be identified, a notice may be affixed directly to the unattended item. Once notified, the owner must respond and move the item within the following risk-based timeframes: 

• 3 hours if causing an obstruction or safety risk (except after 11pm and before 7am) 
• 7 days if left in one place for more than 7 days.

If these timeframes are not met, the council or 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 place of storage
• issue a fine.

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Abandoned Shopping Trolleys

Did you know It is an offence to abandon a shopping trolley and you could be fined?

Why are the new laws necessary? Shopping trolleys, share bikes and other sharing services offer convenient services to members of the public. However, dumped or broken items can obstruct walkways, and impact the enjoyment of public space when dumped in parks and waterways.

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:

• 3 hours if causing an obstruction or safety risk (except after 11pm and before 7am)
• 4 days if left in one place for more than 7 days.

If these timeframes are not met, Council may take the unattended item to a place of storage and may issue a fine.

What can you do?

• Please return shopping trolleys to trolley bays or back to the store after use.
• Please report any wayward trolley you see to Trolley Tracker - freecall 1800 641 497, online at trolleytracker.com.au or direct to the store 

Further information can be found at ballina.nsw.gov.au/illegal-dumping

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Stock Animals

Straying Stock

Animals, such as stock animals, that have been left or are unattended can be a safety risk to road users and our agricultural industry and can impact the enjoyment of public spaces.

Under the Public Spaces (Unattended Property) Act 2021 and regulations Councils staff may take possession of an animal when it is unattended in a public place or when it has trespassed onto private land without the permission of the occupier of that land. An authorised officer must prioritise the welfare and safety of the animal, biosecurity requirements and community safety. An authorised officer may:

• return an unattended animal to the owner (if known), or  
• immediately take possession of an unattended animal without providing prior notice and take it to a place of care

Stock on roads

If you see stock on the road, please contact the animal’s owner (if known) to notify them of their animal wandering. If unsuccessful, contact Council to notify them of a wandering animal.

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Resources

• Factsheet – new rules for personal items (pdf)
• Infographic – new rules for personal items (pdf)
• Factsheet – new rules for sharing services (including shopping trolleys and share-bikes) (pdf)
• Infographic – new rules for sharing services (including shopping trolleys and share-bikes) (pdf)
• Factsheet – new rules for animals (pdf)
• Infographic – new rules for animals (pdf)