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ARTICLE · 09 FEBRUARY 2024

The offences, defences and penalties for improperly discarding a cigarette in NSW

Offences and penalties for improperly discarding cigarettes, from littering to fires, and defences that may apply.

AustraliaCriminal Law

Smoking cigarettes is a simple pleasure for many, but being reckless with your butts, or worse, a lit cigarette can result in hefty fines and even land you before a court.

The following outlines the potential offences and penalties that relate to improperly discarding cigarettes, including the general offence of littering and the more serious offence of discarding a lighted cigarette, as well as the potential defences that apply.

The offence of littering

The general offence of littering is contained in section 145 of the Protection of the Environment Operations Act 1997 (NSW).

This offence applies when a person deposits litter in or on a public place or an open private place. Litter includes cigarettes and cigarette butts.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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