Proposed Trolley Laws Hit a Legal Roadblock
The City of Stirling's ambitious plan to implement a tough new crackdown on abandoned shopping trolleys has been officially derailed. The proposed local laws, which would have significantly increased retailer responsibilities and penalties, are set to be abandoned after internal and external legal reviews concluded the council likely overstepped its authority under the Local Government Act 1995.
What the Crackdown Would Have Meant
Earlier this year, the city drafted legislation designed to tackle the growing issue of trolleys left in parks, on footpaths, and along roadsides. The proposed law aimed to give the council greater power, including the ability to impound abandoned trolleys and create new offences.
Key measures that have now been shelved included drastically reducing the maximum time for retailers to collect abandoned trolleys from 24 hours down to just three hours. Retailers would have also faced a maximum penalty of $2,000, with additional daily fines of up to $500 for ongoing non-compliance.
Strong Public Support Versus Legal Reality
Despite the legal setback, the proposed crackdown enjoyed significant community backing. During a seven-week public consultation period, the city received 133 submissions, with an overwhelming 77 per cent expressing support for the new rules.
However, City of Stirling officers stated that, based on the legal advice, they would be unable to enforce the proposed law. They are now recommending that the council does not proceed with making it official. The advice found the law "significantly impacts on private land rights, and the rights of private property owners beyond those powers contemplated under the Local Government Act 1995".
Officers also believe the State’s Joint Standing Committee on Delegated Legislation would have likely disallowed the law, rendering it ineffective even if passed.
What Happens Next for Stirling's Trolley Problem?
With the new law off the table, the council is looking at alternative solutions. City officers are recommending a two-pronged approach. Firstly, they advise that the council should request the Mayor, Mark Irwin, write to the Minister for Local Government to seek State Government support. The goal would be to grant all local councils the specific power to better regulate abandoned shopping trolleys through new state legislation or amendments to the existing Act.
Secondly, as an immediate measure, officers recommend strengthening the current framework—the Thoroughfares and Public Places Local Law 2009. This would involve making amendments to increase fines and introduce additional impounding fees under the existing law.
Mayor Mark Irwin had previously emphasised that the purpose of the law was to create a cleaner and safer community, responding to residents' frustrations. The council is expected to make a formal decision on these recommendations at its next meeting on Tuesday, November 25.
