Report Abandoned Property

Clarification of Unattended Vehicles and Trailers

Council would like to clarify the issue of Unattended Vehicles and Trailers.

The subject legislation is the: Public Spaces {Unattended Property} Act 2021.

The new legislation {PSUP} Act relies on interpretation and assessment of situations by the authorised officer.

Please find the following information in regards to the legislation;

Definitions

Abandoned property is called ‘Unattended property’ under the law.

1. A motor vehicle is defined and includes a caravan, boat trailer or other trailer whether or not attached to a motor vehicle

2. A motor vehicle is defined as a Class 3 Item.

3. Unattended property means the property is not under the direct control or supervision of the responsible person

4. The responsible person for a Class 3 Item is the registered owner

So what does it mean by unattended property and direct control or supervision?

The Office of Local Government NSW and the Department of Planning have published the Public Spaces {Unattended Property } Guidelines.

The Guidelines - Part 2.3 Applying and Interpreting the Act offers the following assistance;

It is a matter for authorised officers to determine based on information obtained and observable facts whether they reasonably believe the property is under the direct control or supervision of the responsible person.

When making a determination of whether property is unattended one consideration may be to assess whether the responsible person is in adequate physical proximity of the property to take active control of the property if needed.

Interpretation and Practice

Councils interpretation and practice is as follows;

1. The motor vehicle {trailer, boat trailer} is registered

2. It is legally parked

3. The responsible person {registered owner} lives within the line of sight of the vehicle