An elderly woman with limited English was fined for using rubbish bags instead of bins. The judge threw out the fine because the council didn't properly tell her about the new bin rule, and she'd always used bags before. The judge said the council should have given her clearer instructions.
Key Facts
- •Appellant is an elderly lady with limited English proficiency.
- •Residents of Hazel Avenue historically used bags for waste disposal due to terrain difficulties.
- •Council implemented a new policy requiring wheeled bins, but notification was inadequate.
- •Appellant received a formal warning and notice of intent, but understood English poorly.
- •Appellant continued using bags, believing the long-standing practice was acceptable.
- •Council issued a fixed penalty notice.
Legal Principles
Section 46 of the Environmental Protection Act 1990 outlines the duty of waste collection authorities and requirements for waste disposal.
Environmental Protection Act 1990, Part II
A person has a reasonable excuse for non-compliance if the council's notification of the requirement was inadequate.
Environmental Protection Act 1990, Section 46A(1)(a)
Outcomes
Appeal allowed; fixed penalty notice withdrawn.
The council failed to effectively serve notice of the requirement to use wheeled bins. The appellant had a reasonable excuse due to poor English proficiency, inadequate notification and the pre-existing practice of bagging waste on Hazel Avenue.