Circulars

What’s new or changing?

• The Office of Local Government (OLG) is evaluating the Public Spaces (Unattended Property) Act 2021 and the Public Spaces (Unattended Property) Regulation 2022 (PSUP laws) to assess:
  • the effectiveness of the laws in meeting their objectives
  • the effectiveness of the implementation of the new laws.

What will this mean for council?

• Councils, other public land managers, industry stakeholders and members of the public are invited to provide feedback on the questions posed in the evaluation survey by Friday, 13 June 2025.
• Feedback received will be considered by OLG to inform the identification of short-term or longer-term improvements or additions to tools, activities, or regulation needed to improve operation of the PSUP laws.

Key points

• The PSUP laws commenced on 1 November 2022 to help keep our public places safe, accessible, and enjoyable for communities in NSW, now and into the future.
• The laws place the responsibility on property owners to collect items such as bikes, trolleys, vehicles, and animals left in public spaces.
• Councils and other authorities have the power to take a risk-based approach to move or remove unattended property from public spaces, direct owners to collect their property, and issue fines.
• After 2 years of implementing the laws, it’s important to ensure that unattended property can be appropriately dealt with to keep public spaces safe and enjoyable.
• OLG is seeking feedback from community, operators, councils and other public land management authorities to evaluate the effectiveness of the PSUP laws since they commenced.
• The evaluation will carefully consider where the laws are working well, any key concerns with the laws, and what measures may be taken to support effective implementation into the future.
• Key issues such as timeframes and definitions in the laws, powers available to authorities and their use, and the nature and impact of offences and penalties, will be addressed.
• Outcomes of the evaluation will include identification of short-term or longer-term improvements or additions to tools, activities, or regulation needed to improve operation of the PSUP laws.

Where to go for further information

• Further information on the evaluation, including access to the online survey and an editable submission form, is available on OLG’s website – https://www.olg.nsw.gov.au/public/about-councils/laws-and-regulations/public-spaces-unattended-property-act-2021/, or by contacting the Sector Policy and Frameworks team on 02 4428 4100 or via email at unattendedproperty@olg.nsw.gov.au.

Erica van den Honert
Executive Director, Sector Delivery
Office of Local Government