Are you concerned about litter? The
Environmental Protection Act 1990 brought in new measures to
prevent litter and tackle litter eyesores.
This information explains the litter
laws, so that everyone can be aware of their rights to a
litter-free local environment.
The Environmental Protection Act 1990 (EPA) Part IV brought in
tougher laws to get Britain clean, particularly our streets and
public open spaces. It also made littering a more serious
offence.
The EPA makes "Duty Bodies" responsible for keeping their land
clear of litter and refuse. It gives both local authorities and
citizens the right to take legal action to get areas cleaned
up.
Who are the "Duty Bodies"?
They are the organisations which have responsibility for
keeping public places clear of litter and refuse, mainly local
authorities, government departments, statutory undertakers (e.g.
British Rail), most schools, colleges and universities.
What is their "Duty"?
Quite simply, to make sure that land under their control is
kept free from litter and refuse, as far as is practicably
possible.
How is this duty enforced?
All Duty Bodies must follow the Code of Practice on Litter and
Refuse, which accompanies the EPA. According to the code, Duty
Bodies should make sure that areas are cleaned as often as
necessary to keep them litter-free most of the time. Compliance
with the Code is measured in two ways.
(i) "Grades" of cleanliness which set out how clean an area
should be.
(ii) "Cleanliness Standards" which give timescales for cleaning
up.
The photographs below illustrate the four Grades of
cleanliness from Grade A at the top of the scale (litter free) to
Grade D (badly littered) at the bottom
All areas have to be 'Zoned'. Each zone has a timescale within
which the Duty Body should return it to a litter-free standard.
Zoning maps produced by local authorities are public information
and must be made available to you on request, usually at Council
offices or the library.
Use the table below to work out how quickly an area should be
brought to Grade A.
Cleanliness Standards Table
For example, if a town centre (zone 1) deteriorates to Grade D
(perhaps on a busy Saturday afternoon) it should be restored to
Grade A within 1 hour.
The idea behind the Code of Practice is that what matters is how
clean an area is, not how often it is cleaned.
What can the citizen do?
The EPA gives you a right to take legal action to get litter
removed where an area falls below the standard for longer than is
allowed.
Firstly, before exercising that right, it is wise to give the
Duty Body chance to clean up. Make a formal complaint by telephone
or letter, being specific about location, type and amount of
litter. Some local authorities have litter 'hotlines' and
respond quickly to complaints. If your Council does not have a
special number to ring, litter complaints are usually dealt with by
Cleansing, Environmental Health, or Technical Services
Departments.
If an area falls below the standard and the Duty Body will not
put matters right, any member of the public can take legal action
to get a Litter Abatement Order. The Order means that the Duty Body
must clean up the area.
Action is taken through the Magistrates' Court, and there is a
charge of £30 to apply for a Litter Abatement Order. For details on
how to do this contact the Tidy Britain Group. As with any legal
action, the process may be time-consuming and complicated.
Nonetheless, this is an important new power, which enables the
public to have a say in how clean their community should be.
What can local authorities do?
As well as giving new rights to the citizen, the EPA gives new
powers to local authorities to take action against individuals and
businesses who create litter, and powers to get areas cleaned
up.
Littering
Leaving or depositing litter is a criminal offence, subject to
a maximum fine of £2,500. Either the Police or a local
authority can prosecute litterers. In addition, local
authorities can appoint Litter Wardens who issue Fixed Penalty
Notices. This has the benefit of dealing with littering as and
where it happens.
Litter-free streets
Where a litter problem can be clearly traced to the owner or
occupier of a business, such as takeaway food premises, the local
authority can issue a Street Litter Control Notice. This
makes the owner responsible for keeping the front of the premises,
plus a reasonable distance either side, clear of litter.
Litter-free area
If an area of private land to which the public has access,
such as a car park, is badly littered the local authority can
declare it a Litter Control Area. The occupier of the land is then
under a duty to clear the land and keep it free of litter.
Litter-free land
Those with a duty under the Act to keep land free of litter
and refuse can be served with a Litter Abatement Notice by the
local authority. Once served with a Notice, the owner or
occupier must clean up the area within a given period of time. If
the Notice is not complied with there can be a fine plus a daily
fine if the offence continues.
Removal of shopping trolleys
Local authorities can now collect abandoned shopping or
luggage trolleys in their area and return them to their
owner.
Getting Britain up to standard
The Environmental Protection Act 1990 is an important landmark
for setting high standards of cleanliness. But legislation alone
will not achieve a clean Britain.
We all have a responsibility to keep our local environment
clean and tidy.
If you need further information on how to take action to bring
Britain up to standard contact Tidy Britain Group.
Relevant information
Environmental Protection Act 1990:
HMSO
£17.50 ISBN 0-10-544390-5
Code of Practice on Litter and
Refuse:
HMSO £5.00 ISBN 0-11-752363-1
The Environmental Protection Act
1990
Text and Commentary by Stephen Tromans:
Pub. Sweet & Maxwell £21.00 ISBN 0-421-44260-3
Tidy Britain Group, a registered charity, is the recognised
national agency for litter abatement.
Further information:
Public Affairs Department
Tidy Britain Group
The Pier
Wigan
WN3 4EX
Telephone 01942 824620
Fax 01942 824778
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Visit the
EnCams website for more information
about:
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Litter and the Law
Your Rubbish and the Law
Dog Fouling and the Law |
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Fed up with seeing litter? Here's what you can do to stop
the culprits:
If you know of a piece of land or a place which is constantly
covered in litter, you can take personal action under the
Environmental Protection Act 1990 to get the owner of that land to
clear it up. Just follow the steps below.
- Find out who is responsible for the land (e.g. the owner).
- Check what the local Code of Practice on Litter and Refuse says
about that piece of land. (A copy can be obtained from the
Council). It should say what Grade the land is for litter, and
therefore the standard to which it must be maintained.
- If possible take some photographs of the litter, making sure
that the location is recognizable in the picture: (e.g. try to
include some permanent signs or landmarks in the frame).
- Write to the owner of the land giving five days' notice that
you are going to apply for a litter abatement order to be issued
against them, under section 91 of the Environmental Protection Act
1990.
- Apply to the Magistrates' court (see address below) to have a
litter abatement order issued, requiring the owner to clear away
the litter or refuse from the area in question.
What happens next?
- If that person reacts and solves the problem by clearing the
land it does not necessarily mean the proceedings will
automatically come to an end- an award of costs may still be made
against a defendant if the court is satisfied a problem existed at
the time the complaint was made.
- However, a court is not able to make a litter abatement order
if the defendant proves he has complied with his duty under Section
89 (i.e. he has kept the land to the Code of Practice
standard).
- If, upon hearing the complaint, the court is satisfied that a
problem does exist, it may issue a litter abatement order requiring
the defendant to clear the litter or refuse away within a specified
time.
- Failure to comply with a litter abatement order is an offence
which may result in a fine (with additional fines accruing for each
day the area remains littered).
Remember, the Code of Practice is admissible in court as
evidence. So if you want to apply for an abatement order, it's a
good idea to check whether the land complies with this Code or
not.
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Here's a tip...
tip us off
For information on Fly Tipping and what to do about it
download
the notes on "Tackling Fly Tipping" or visit the Environment Agency's
web site.
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Addresses to write to:
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Mr. R. Clarke
Crewe and Nantwich Borough Council
Direct Services
Pyms Lane
Crewe
Cheshire
CW1 3PJ
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The Magistrates
Court
Civic Centre
Crewe
Cheshire
CW1 2DT
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