This article discusses whether residents can go through recycling bins in strata NSW, explaining privacy, ownership of waste, and practical steps owners corporations can take to stop bin rummaging and shaming behaviour.
Question: A resident rummages through our bins for return-and-earn items. They also shame other residents about their recycling behaviour. How do we stop this?
Our strata have purple bins for return-and-earn containers. One owner regularly goes through the yellow recycling bins (and possibly the red general waste bins) to pull out containers and add them to the return-and-earn bin. They also post public messages to shame or pressure other residents into “doing the right thing”.
I feel that going through other people’s rubbish is an invasion of privacy and may even amount to theft, as I understand that items in a bin still belong to the person who put them there. I want this resident to stop both the dumpster-diving and the public attempts to embarrass others. What laws or regulations, if any, support my position?
Answer: Addressing rubbish raiding is about setting clear expectations and fostering a shared understanding among residents.
You are correct that “rubbish raiding” may constitute theft (larceny) and trespass. These actions may also infringe on privacy and cause nuisance. In general:
- While bins are located on common property, their contents belong to the lot owners.
- Once bins are placed at the kerb for collection, the contents typically become Council property.
We are not aware of any legislation or regulation that directly prohibits this conduct, unless the behaviour results in additional mess or illegal dumping. In some instances, councils have issued fines where rubbish has been disturbed or left out of place.
Why this issue matters
Bin-related disputes occur more frequently than expected in strata communities. Bins often contain personal items, sensitive information or materials that residents reasonably expect will remain private. When another resident goes through communal or private rubbish, it may raise concerns about privacy, discomfort or even perceived harassment. These behaviours can undermine a resident’s sense of security in their own home environment.
Understanding ownership of waste
The fact that an item is ‘rubbish’ does not permit others to interfere with it. Before kerbside collection, waste generally remains the property of the resident or owners corporation, depending on the bin’s location. This means that tampering with bins on common property or within a private lot boundary is not permitted.
Recommended actions
In cases where rubbish raiding is causing concern:
- Contact your local council for any relevant information sheets or guidance. Some councils issue fines under their waste or nuisance management provisions.
- Speak with your local police to understand their position, particularly where repeated behaviour may raise issues of privacy, nuisance or harassment.
- Consider adopting a by-law to address and regulate the behaviour. A well-drafted behavioural by-law can prohibit tampering with bins, regardless of where they are located, and give the owners corporation the option to seek penalties for continued breaches.
A proactive approach to bin-related disputes
Addressing rubbish raiding isn’t just about enforcement—it’s about setting clear expectations and fostering a shared understanding among residents. Strata schemes can take a proactive stance by adopting tailored by-laws that clearly prohibit tampering with bins, regardless of their location, and prevent residents from removing or reallocating others’ waste. Such by-laws provide a structured framework for managing coercive, intrusive or nuisance behaviours linked to waste practices and ensure there’s a clear pathway for enforcement when needed.
At the same time, education and engagement go a long way. If the behaviour stems from return-and-earn efforts or well-meaning recycling habits, consider introducing a designated communal collection point or shared system that redirects those efforts constructively. Clear communication, underpinned by reasonable rules, helps preserve resident harmony while reinforcing expectations.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440
This post appears in the February 2026 edition of The NSW Strata Magazine.
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