Penalty infringement notice (PIN)—what happens next?
Why was a PIN issued?
Under the Waste Reduction and Recycling Act 2011 a person can be fined for littering or illegal dumping (PDF, 148K)* from a vehicle, trailer or vessel. A PIN is issued when the Department of Environment and Resource Management (DERM) has received a report from a person who witnessed waste being disposed (PDF, 615K)* of from a vehicle—of which the person in receipt of the PIN is the registered owner.
Paying the fine
The fine should be paid in full or arrangements made to pay by instalment by the due date on the PIN.
Nominating another driver or vehicle owner
If the person in receipt of the PIN is not the person responsible for the littering or dumping offence, a statutory declaration (PDF, 34K)* should be lodged to nominate the person responsible for the offence, or to notify DERM of the sale of the vehicle.
Disputing the offence
Under the Waste Reduction and Recycling Act 2011, the registered owner of the vehicle is responsible for the offence even though the actual offender may be someone else.
To dispute a PIN:
- lodge a statutory declaration
- apply in writing or by email to DERM to have the matter reviewed. A statutory declaration must be included explaining the reasons why the PIN needs to be reviewed
- elect to have the matter heard and determined in court.
Unpaid PINs
Unpaid PINs are referred to the State Penalties Enforcement Registry (SPER) to be managed (additional costs will apply).
Malicious and vexatious reports
To minimise the risk of malicious or vexatious reporting, correct and detailed information must be provided by the witness on the report, which is thoroughly assessed before a PIN is issued. The witness or reporter must also commit to attend court if necessary and provide evidence if required.
How to pay the fine
The PIN can be paid in the following ways:
- by mail (cheque or money order—do not mail cash) payable to:
Department of Environment and Resource Management
Penalty Infringement Notices
GPO Box 2454
Brisbane QLD 4001
- in person at any DERM business centre
- by BPay (details on the PIN)
- by BPoint (details on the PIN).
For further details on BPay and BPoint payments, refer to the bottom of the PIN or visit DERM’s Pay a Bill page.
A response to the PIN must be received by the due date. Unpaid fines are referred by DERM to SPER to be managed. SPER automatically adds administration costs—currently $55—to all forwarded fines.
Voluntary instalment plan (VIP)
If the fine is $200 or more, you may apply to pay by instalments. An initial instalment of at least $60 must be forwarded to DERM by the due date. If approved, a VIP notice will be forwarded to you by SPER for payment of the balance. SPER does not add additional administration costs for a fine being paid by a VIP.
Nominate the person responsible for the offence by lodging a statutory declaration
Under the Waste Reduction and Recycling Act 2011, the registered owner of the vehicle is deemed to be responsible for the offence even though the actual offender may have been someone else.
If the registered owner is not the person responsible for the offence, a known user statutory declaration should be submitted to DERM nominating:
- the person who committed the offence while the registered owner was driving (e.g. the passenger); or
- the driver of the vehicle when the registered owner was not the driver; or
- the passenger who committed the offence when the registered owner was not the driver.
If the registered owner is not the person responsible for the offence and cannot identify the person responsible, and the vehicle was not being used illegally, they may tender a statutory declaration describing the steps they have exhausted to identify who was responsible for operating their vehicle at the time of the offence. Steps may include:
- examining vehicle log books
- identifying all persons permitted to operate the vehicle.
Insufficient or unsubstantiated information may lead to an adverse review decision and the matter being referred to SPER or court.
What must a statutory declaration contain?
A statutory declaration (PDF, 34K)* must contain several elements including:
- the name, address and signature of the person making the declaration
- the signature, name and title of a person authorised to witness a statutory declaration—a Commissioner of Declarations (Comm Dec) or Justice of the Peace (JP)
- the full name and residential address of the nominated person.
A person who knowingly makes a false declaration is guilty of an offence.
Copied and faxed statutory declarations will not be accepted.
If the person that received the PIN is not the registered owner
If the PIN has been issued to the registered owner, but the vehicle has recently been sold, the person can complete a transfer of ownership statutory declaration and provide information about the new owner.
If someone else committed the offence
If the person considers that they have received a PIN in error they may submit a statutory declaration to DERM listing the reasons they consider are incorrect along with any documentary evidence.
Read more about what a statutory declaration must contain.
Have the matter reviewed
When a PIN is received and unusual circumstances apply, a request for matter to be reviewed can be made. All requests must be made in writing and forwarded, by the due date, to:
Mail: Department of Environment and Resource Management
Penalty Infringement Notices
GPO Box 2454
Brisbane QLD 4001
Email: infringement.notices@derm.qld.gov.au
Elect to have the matter heard in court
A recipient of a PIN has the right to elect to have the matter dealt with by a Court of Law. The Court Election box must be ticked and the PIN returned to the address stated.
If DERM has not received payment or a response by the due date, enforcement action may be taken to recover the balance and additional costs incurred through SPER.
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Last updated 12 April 2012