The Clean Neighbourhoods and Environment Act 2005
This Act deals with nuisance caused by vehicles, litter, graffiti, waste, dogs and noise. It gives the Environment Agency and Local Authorities greater powers to combat fly-tipping, litter and abandoned vehicles, as well as amending statutory nuisance provisions for noise, lighting and other issues. The provisions of the Act come into force between June 2005 to April 2006. The main requirements are:
· The EA and waste collection authorities have power to 'stop and search' vehicles used by suspected unlicensed carriers or for fly tipping purposes. The Agency will also have powers to serve notices on landowners requiring them to clear fly-tipped waste.
· Developers and contractors will be required to prepare written site waste management plans for major construction projects.
· Abandoning a vehicle will attract a fine of up to £2,500 or 3 months imprisonment.
· The offence of dropping litter will be extended to cover any place in the open air, including private land.
· Local authorities can defer the issue of an abatement notice for up to seven days in cases where noise from premises constitutes a statutory nuisance.
The Environmental Offences (Fixed Penalties) (Miscellanous Provisions) Regulations 2006 SI 2006/783
These regulations implement a key element of the Clean Neighbourhoods and Environment Act 2005. They provide local authorities with new powers to issue fixed-penalty notices for environmental crimes.
Further information on the Clean Neighbourhoods and Environment Act can be found here.