Marion council shopping trolley fines by-law struck down by parliament

A council’s war on dumped trolleys will roll on despite a by-law to fine shoppers and supermarkets being up-ended in state parliament.

Marion Mayor Kris Hanna has suggested the council look into selling shopping trolleys as part of its campaign to reduce trolley dumping in the area. Picture: Brad Fleet

A by-law that allowed an Adelaide council to fine shoppers and supermarkets almost $200 for failing to return trolleys has been thrown out by State Parliament.

But Marion Council’s fight to rid the streets of stolen and abandoned trolleys is not over, with one councillor pushing for the introduction of a similar by-law but with a tweak.

Parliament’s Legislative Review Committee voted to repeal the council’s shopping trolley by-law on Wednesday.

The by-law, which became enforceable earlier this month after a three-month grace period, gave Marion Council officers the authority to fie shoppers $187.50 if they did not return trolleys when told to do so within a time an officer specifies.

Supermarkets were also able to be hit with fines of the same amount. However, if they had a “trolley containment system” to combat dumping, such as wheel locks or a “coin deposit and release” system, they would have had 72 hours after notification to collect trolleys before fines are issued.

LRC presiding member Nicola Centofanti.

LRC presiding member Nicola Centofanti said the committee believed the fines would be levied against companies for actions outside of their control.

“The Government is of the view that a Drakes or Foodland shouldn’t be held responsible by the Council for the theft and improper disposal of their property by members of the public,” she said.

Marion Council Mayor Kris Hanna said the council had worked with the LRC for more than a year to address any technical issues they had with the by-law.

“If parliament is unwilling to act then I urge the State Government to take the lead and tackle this issue on a statewide basis,” he said.

“The scourge of abandoned shopping trolleys is not confined to Marion.”

Meanwhile, SA Independent Retailers chief executive officer Colin Shearing said the organisation was pleased the by-law was repealed, describing it as “draconian legislation” that could have set a “major and concerning precedent” if allowed to continue.

“Just imagine someone stealing your property, which then ended up in the litter stream and you were fined for it – That would be a total nonsense and simply put, does not deal with the problem of stealing,” he said.

Mr Shearing said supermarkets continued to work with councils to collect stolen trolleys and they also invested in containment initiatives and processes.

However, Marion councillor Bruce Hull said he would be putting a motion to council next month to rejig the by-law in the hopes of getting it passed.

“(I’m proposing that) staff to redraft the by-law, with the exclusion to any reference to any penalties to retails,” he said.

“The penalties will apply to the perpetrators, the ones who are taking the trolleys and littering the street.”

The motion is expected to be considered at the council’s March meeting.