The new Public Spaces (Unattended Property) Act 2021 came into effect on 1 November 2022, replacing the Impounding Act 1993.
The Act classifies items into three classes – personal items (class 1), sharing service items (class 2) and vehicles (class 3).
Class 1 (personal) items are small or medium-sized things capable of ownership that can ordinarily be collected by 1 or 2 people without the need for machinery to lift, tow or move them. Examples include baggage or personal recreational equipment such as bicycles or kayaks.
Class 2 (sharing service) items are available for the use of the public at large, whether on payment of a fee or other benefit, including as part of a ‘sharing service’. Examples are shopping trolleys and share-bikes.
Class 3 items (vehicles) are motor vehicles, which have the same meaning as that of the Road Transport Act 2013, and include caravans, boat trailers or other trailers, whether or not attached to a motor vehicle.
An integral element of this new legislation is the introduction of the word ‘unattended’. This effectively replaces the word ‘abandoned’ from the now repealed Impounding Act 1993.
Unattended is defined in the Act as ‘not under the direct control or supervision of the responsible person’. Owners and others responsible for unattended items may be liable to on-the spot-fines and/or Court action if they do not remove their property when directed, from the public land.
To find out more about the current legislation, please read the Public Spaces (Unattended Property) Regulation 2022 document.
Abandoned shopping trolleys
Shopping trolleys are provided by retailers for the convenience of their customers. Shopping trolleys are designed to be used by the customers of retailers to transport their purchases within the store or to an adjoining carpark. It is inappropriate for shopping trolleys to be taken from the store and left unattended on any public place. They can pose a hazard to pedestrians and road users and are unsightly in our parks and reserves.
Unfortunately, some trolleys are taken from the premises and left unattended in a public place. In this regard, it is the responsibility of the owner of the shopping trolley to retrieve the shopping trolley and return it in a safe and timely manner to the store.
Report a trolley