Principal Legislation - Litter

Relevance: specific controls on litter and refuse, and requirements for tidiness. The principal legislation concerning litter is Part IV of the Environmental Protection Act 1990 (EPA90). The law applies to public spaces (i.e. open land and roads), or designated places with public access.

Environmental Protection Act 1990 - Part IV

Sets out the regime for the control of litter. Section 89 imposes a statutory duty on principal litter authorities (Local Authorities and others), to keep relevant land and highways free of litter and refuse so far as it is practicable. It also requires that the Local Authority has regard to a statutory code of practice when discharging its duties. Section 90 provides for the setting up of Litter Control Areas for prescribed categories of land. Action can be taken if the required standards are not met. Sections 93 and 94 provide for street litter control notices to prevent accumulations of litter or refuse in designated areas.

Street Litter Control Notices Order 1991(SI 1991/1324) as amended by SI 1997/632

Implements sections 93 and 94 of EPA 90. It enables Local Authorities to serve street litter control notices which specify the measures to be taken to avoid a litter problem to certain types of (commercial) premises that have a street frontage.

Litter (Fixed Penalty) Order 1996 (SI 1996/3055) as amended by SI 2002/424

The amended regulation, covering England only, raises the fixed penalty to anyone who drops litter to £50 - elsewhere it remains £25.

Litter Control Areas Order 1991 (SI 1991/1325) as amended by SI 1997/633

Implements section 90 of EPA90 - Part IV. It enables Local Authorities to designate Litter Controls Areas for certain categories of land to which the public have access including certain business parks and industrial estates.

If land in such areas is not kept free of litter and refuse to the required standard then offenders may be served with a litter abatement notice by the Local Authority. Members of the public are also entitled to apply to the Magistrates’ Court for a litter abatement order.

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