Unattended property
Boat trailer parking and other unattended properties on residential streets in the Hunters Hill Municipality is managed and regulated by the Public Spaces (Unattended Property) Act 2021.
Unattended Property
Council has power to deal with property left unattended in public spaces.
These powers are contained in the Public Spaces (Unattended Property) Act 2021 (PSUP Act) and the Public Spaces (Unattended Property) Regulation 2022 (PSUP Regulation).
Under the PSUP Act, an authorised Council officer may take possession of an item if the officer reasonably believes:
- the item is unattended, that is, it is not under the direct control or supervision of the person who owns or is otherwise responsible for the item[1]; and
- the item:
- is obstructing access to or within a public place, or
- poses a risk to persons, animals or the environment, or
- is interfering with public amenity, or
- has been in the same or substantially the same place for the period prescribed by the PSUP regulation[2]. For example, 28 days or more if the item is a registered vehicle, or 15 days or more if the vehicle is unregistered[3].
Who is a Responsible Person?
A responsible person under the PSUP Act is:
- the person who owns or is otherwise responsible for the property,
- a person engaged to collect or manage the property on behalf of the property’s owner,
- another person who is in control or possession, or entitled to possession, of the property,
- a person who caused, or engaged in conduct that was reasonably likely to result in, the property being unattended.
Further Information
Guidelines, fact sheets and other information for the community and industry are published on the website of the Office of Local Government NSW - Public Spaces Unattended Property Laws - Office of Local Government NSW
The PSUP Act and PSUP Regulation are available online at https://legislation.nsw.gov.au/view/html/inforce/current/act-2021-038
[1] The terms "unattended" and "responsible persons" are defined in ss 15 and 16 of the PSUP Act.
[2] PSUP Act, s 25(1)(b)(iv)
[3] PSUP Regulation, cl 19(1)(b)
