Public Spaces (Unattended Property) Laws Survey

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Public Spaces (Unattended Property) Laws Survey

Information of privacy and confidentiality
When you submit this survey, the Office of Local Government (OLG) will be collecting some personal information about you, in particular:

  • your name
  • your email address
  • any personal information you decide to put in the additional comment field.

All input received through this consultation process may be made publicly available. Please let us know below if you do not want your name and personal details published.


As part of the consultation process, we may need to share your information with people outside OLG, including other public authorities and government agencies. We may also use your email to send you notifications about further feedback opportunities or the outcome of the consultation.


There may also be circumstances when OLG is required by law to release information (for example, in accordance with the requirements of the Government Information (Public Access) Act 2009). There is a privacy policy located on OLG’s website that explains how some data is automatically collected (such as your internet protocol (IP) address) whenever you visit OLG’s website. The link to that policy is https://www.olg.nsw.gov.au/about-us/privacy-policy/.

Evaluation questions
The Public Spaces (Unattended Property) Act 2021 (PSUP Act) and Regulation (Unattended Property Laws) commenced in November 2022 to provide councils, other public land managers and police with strong powers and penalties to manage property left abandoned or unattended in public. This includes:

  • Small personal items such as kayaks and bicycles
  • Shared devices such as shopping trolleys and e-bikes
  • Motor vehicles including trailers, caravans and boat trailers
  • Animals

Following a review of the previous Impounding Act 1993 these laws aim to encourage owners of unattended property to remove or collect them within certain timeframes, after which enforcement action may be taken.


The enforcement powers under the Act are discretionary and authorities are encouraged by OLG to develop policies in consultation with their communities for prioritising how they will exercise their enforcement functions to deal with unattended property. The laws provide for this flexibility as communities across NSW all have diverse concerns and needs.


Infographics and guidelines are available on the OLG website to assist authorities, operators and owners understand and implement the Unattended Property laws. This includes information on penalties (fines).
This evaluation seeks your feedback as to how effective the implementation of these laws has been.
When answering the questions below, please consider:

  • powers available to authorised officers
  • timeframes for enforcement action
  • councils’ and other authorities’ approach to using the Unattended Property Laws
  • definitions and key concepts under the PSUP Act
  • types of items, land, and circumstances in which Unattended Property Laws apply
  • interactions with other legislation (e.g. environmental laws or parking laws)
  • guidance materials for authorities and community regarding the Unattended Property Laws

Evaluating the Public Spaces (Unattended Property) Laws – Submission

1. Please tick if you would like your name and personal contact details to remain confidential(Required)
2. Name(Required)
6. Type of organisation
7. How familiar are you with the NSW laws dealing with unattended items in public spaces?(Required)
8. How effective are the Unattended Property Laws in addressing unattended property in your area? (Further questions will provide an opportunity for feedback on your response.)(Required)
9. Which types of property do the Unattended Property Laws effectively address? (select all that apply)
10a. Does your council take appropriate enforcement action for unattended property?
11a – How effectively does your council address unattended animals?
11b – How effectively does your council address unattended vehicles?
11c – How effectively does your council address unattended shared e-bikes/scooters?
11d – How effectively does your council address unattended shopping trolleys?
11e – How effectively does your council address unattended signs and other small items?
13a. Are the penalties (fines) for unattended property under the Unattended Property Laws appropriate?
14.a Authorised officers must notify operators of unattended shopping trolleys and allow them to collect the trolley(s) within the following timeframes before taking enforcement action: If trolley is obstructing access or posing a safety risk [3 hours] – If trolley is interfering with public amenity [4 days] – If trolley has been unattended in the same place (trolley must be unattended for 7 days total prior to any enforcement action) [4 days] – Are these timeframes:
15a. Would additional reforms help improve problems with unattended shopping trolleys, e.g. mandatory management strategies such as wheel locks or coin-deposits to prevent trolleys from being taken off retailer premises?
16a. As private vehicle use has increased and parking space has become more contested, Unattended Property Laws give authorised officers powers to take enforcement action (e.g. fines, or impounding) for unattended, registered vehicles (including caravans, cars and boat trailers). This includes vehicles that are parked safely on the street in areas without parking restrictions, where the officer reasonably believes they have been unattended for 28 days or more. Do you support these powers?

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