Change Environment and Heritage protection litter reporting laws
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Currently, in Queensland, the Dept. of Environment and Heritage Protection have laws in place where anyone can do an online report to report someone for littering. They do not require any photographic or video evidence what so ever.
Littering offenses can be reported online by anyone. In that report, it asks a number of questions about the offense, registration, and description of the vehicle. If the person making the report then ticks the box saying they are willing to go to court and the registration details are correct for the vehicle description, EPH will issue a Penalty Infringement Notice to the registered owner of the vehicle. This law leaves every Queenslander vulnerable to vexatious or spiteful reporting. Even a mistake in recording the registration number can result in a PIN being issued.
Once a PIN has been issued You are required to Pay the fine, nominate another driver or passenger or elect to go to court. Having a solicitor defend you in a matter like this is likely to cost between $3000 and $4500 of which you may never get back even if you succeed. Can you defend yourself in court successfully? It is unlikely that asking for a review will solve anything.
How many people would elect to go to court and spend $3000 to save $250? This is what the EHP and the person doing the report is relying on. THIS CAN HAPPEN TO YOU. It has happened to me and EHP are determined to make me pay or defend the matter in court. I was at home. My car was at home. I cant prove my car was at home. Can you prove where your car was on a day 6 weeks ago?
Let's change the law to make it a requirement that there must be photographic or video evidence or some solid physical proof other than just the word of some random person off the street
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