Public Spaces Unattended Property Laws
After two years of implementing the Public Spaces (Unattended Property) Act 2021 and accompanying Regulation, it’s important to ensure that unattended property is appropriately dealt with to keep communities safe and enjoyable.
The Office of Local Government is evaluating the effectiveness of the laws and their implementation, particularly regarding:
• Timeframes and scope of the laws
• Powers available to authorities and their use
• The nature and impact of offences and penalties
Feedback received will be considered by the 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 unattended property laws.
Councils, members of the public, shared device scheme operators, retailers and public land management authorities are encouraged to make a submission by completing the survey below.
Make your online submission here
or
send a completed copy of the survey to unattendedproperty@olg.nsw.gov.au
The survey closes at 5pm 13 June 2025.
If you have any questions or comments regarding the survey or the effectiveness of the unattended property laws, please contact the Sector Policy and Frameworks team on 02 4428 4100 or at unattendedproperty@olg.nsw.gov.au
The NSW Government is keeping our public spaces safe, accessible and enjoyable for our community now and into the future.
The new Public Spaces Unattended Property laws commenced on 1 November 2022.
The new laws include harsher penalties for owners of shopping trolleys, unregistered cars and trailers, and stray stock animals.
These laws mark the biggest change to impounding laws in nearly 30 years.
The commencement of the new Act will be supported by sensible regulations, guidelines, fact sheets and other information for industry, councils and the community.
About the Public Spaces (Unattended Property) Act 2021
The Public Spaces (Unattended Property) Act 2021 and accompanying Public Spaces (Unattended Property) Regulation 2022 are in force from 1 November 2022, helping to protect valuable public spaces across the State from abandoned and unattended items and animals.
The new Act repeals the Impounding Act 1993 following the first comprehensive review since it was introduced more than a quarter of a century ago.
The new laws provide councils, other public land managers and police with stronger powers and penalties to rid our footpaths, streets, parks, bushland and waterways of abandoned and unattended property.
Under the new laws owners and others responsible for private property left in public, such as shopping trolleys, unregistered and abandoned cars, unattended trailers and stray stock, face stronger regulatory action if they do not remove their property within risk-based timeframes.
This includes on-the-spot fines, higher court penalties, rapid seizure action and enforcement orders.
The new laws make it easier for councils to store and dispose of unattended or abandoned items and animals that they take into possession, significantly reducing red tape and cost for local communities.
The changes also improve the ability of council officers to track down owners of shopping trolleys and vehicles, reducing the need for impounding action.
These reforms were developed following widespread consultation with councils, members of the public, industry/business groups, retailers, peak bodies and government agencies.