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a guide to improving your local environment - Keep Britain Tidy

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www.encams.org<br />

Responsibilities with regard <strong>to</strong> litter<br />

The EPA 1990, s.89, states that certain bodies have a duty, so<br />

far as is practicable, <strong>to</strong> keep their land clear of litter and<br />

refuse (including fly-tipped waste). Section 89 (2) places a<br />

further duty on the Secretary of State and on <strong>local</strong><br />

authorities <strong>to</strong> keep certain highways and roads clean, so far<br />

as is practicable, of litter, refuse and detritus. The Code of<br />

Practice on Litter and Refuse issued under s.89 states what<br />

land is covered under the duty and how clean it needs <strong>to</strong> be.<br />

The Code is concerned with keeping land clean, not how<br />

often it is swept.<br />

Local Authorities<br />

• Have a legal duty <strong>to</strong> clear litter and refuse from<br />

relevant land and highways for which they are<br />

responsible, such as streets, parks, playgrounds,<br />

some beaches (in season) and pedestrianised areas.<br />

• Are required <strong>to</strong> report annually <strong>to</strong> the government on<br />

the state of their streets with regard <strong>to</strong> litter and<br />

detritus as part of the corporate reporting<br />

system (BV199).<br />

LITTER<br />

Other Bodies With a Duty <strong>to</strong> Clean Their Land<br />

Other bodies with a duty <strong>to</strong> ensure that land and highways<br />

under their direct control are clean, so far as is practicable,<br />

of litter, refuse and detritus, are:<br />

• Appropriate Crown Authorities;<br />

• Designated Statu<strong>to</strong>ry Undertakers (including transport<br />

opera<strong>to</strong>rs such as ports, docks, railways, airports,<br />

transport hubs);<br />

• Governing bodies of Designated Educational<br />

Institutions (legally responsible for clearing the litter<br />

and refuse from their own grounds but with no<br />

responsibility for clearing outside their grounds. This<br />

falls under the jurisdiction of whoever owns the land.<br />

However, schools are encouraged <strong>to</strong> work with other<br />

agencies if specific problems occur, e.g. litter trails<br />

between schools and <strong>local</strong> shops);<br />

• Local authorities, for any relevant highway for<br />

which they are responsible;<br />

6

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