a guide to improving your local environment - Keep Britain Tidy

Controlling the distribution of free literature
(EPA 1990 s.94B and schedule 3A)
Section 94B and schedule 3A EPA 1990, as inserted by
the CNEA 2005, give local authorities powers to control
the distribution of free literature (often fliers). Local
authorities can designate, by order, areas of their own
land or highways in which the distribution of free
literature is permitted only with their consent, and
anyone distributing free literature in such an area without
consent commits an offence, punishable by a fine or a
Fixed Penalty Notice. It is also an offence to commission
or pay for the distribution of free printed matter in a
designated area without the necessary consent.
www.encams.org
Powers for tackling litter and refuse on
private land
Litter Clearing Notices
(EPA 1990 ss.92A-92C)
Wherever possible local authorities should work in
partnership with landowners and occupiers to resolve
problems caused by heavily littered land. However, s.20
CNEA 2005 introduced Litter Clearing Notices, which can
be served by local authorities, to require the clearance of
litter from other land areas. Key features of Litter
Clearing Notices include:
LITTER
• They can be served on all types of land, private as well
as public, other than those listed in s.92A (11)
EPA 1990;
• They can be served without prior designation of a
Litter Control Area (these have now been repealed),
and it is an offence not to comply with them;
• Local authorities are able to specify the standard to
which land must be cleared;
• If land is not cleared, or is not cleared satisfactorily,
the local authority can enter the land, clear it itself
and recover the costs of doing so.
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