Clause 18 - Extension of litter offences to all open places

Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at 9:45 am on 20 January 2005.

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Photo of Alun Michael Alun Michael Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs 9:45, 20 January 2005

The clause extends the offence of dropping litter, contained in section 87 of the Environmental Protection Act 1990, so that it applies to all local land to which the public have access, and to all uncovered land to which the public do not have access, regardless of ownership. That includes land covered by water. So the offence extends to dropping litter into bodies of water, such as rivers or lakes, and coastal areas down to the low water mark. There will continue to be an exemption for people dropping litter on their own land or with the permission of either the owner-occupier or the authority controlling the land. The clause will remove an anomaly that the public have wanted to be removed, and will simplify the work of local authorities and others in relation to litter, which can be a problem in many areas.

The question might be asked: why is this change necessary? The answer is that the current law sends mixed messages. For example, although it is an offence to drop litter on a public footpath, it is not an offence to throw it into a neighbouring garden. We want to   close the loophole, thereby making it an offence to drop litter anywhere and sending a clear message that dropping litter is unacceptable. That message is strongly supported by local authorities, the police, companies affected by litter and the general public.