Current Situation

Shopping Trolleys abandoned on Council Land are an increasing litter and amenity issue in Wyndham City. The Community Amenity Local Law 2015 has several clauses relating to shopping trolley management, including:

• It is an offence for a person to leave a shopping trolley in an area that is not the retail premises that the trolley belongs to. This clause can only be enforced if Council is able to prove who abandoned a trolley.
• Retailers with over 25 trolleys are required to have either a coin-release or perimeter locking mechanism, and must collect any trolleys impounded by Council by paying an impound release fee.

Proposed Local Law Provision (if determined to be necessary)

Consider requiring perimeter locking systems* for all retailers with over 15 trolleys (where a retailer is able to prove to Council’s satisfaction that a perimeter locking system is not feasible, a coin return mechanism is an acceptable alternative). Consider adding provisions that make it an offence if a retailer that fails to collect a reported abandoned trolley within 24 hours. Consider adding a requirement that all trolleys are marked with the retailer’s name and contact information.

*A perimeter locking system magnetically locks the wheels of a trolley when it crosses a set boundary.

Potential impacts

Compliance obligation

Retailers with more than 15 trolleys would be required to install perimeter locking systems, which would likely require a significant initial investment that could be offset by the reduction in fees to trolley collection contractors. Adding retailer contact information to trolleys is not likely to impose a significant burden on retailers.

Appropriate penalty

The nature of non-compliance does not immediately present a risk to the safety of others and the penalty should only be sufficient to encourage compliance or as a deterrent to non-compliance. On that basis, the penalty amount will be in line with the current trolley offences in the Local Law, which is currently 2 penalty units ($200).

Resources required

The enforcement and administration of this Local Law could be accommodated within existing Council resources. Where retailers fail to collect a trolley within 24 hours, it is estimated that revenue of approximately $10,000 may be received through infringements.