For many people litter is the most important issue of the local environmental quality agenda, as it is the most widespread blight of our public spaces. It is costing councils half a billion pounds annually to clear it up.

Key documents

• Litter and the law (PDF 340 KB) also available in Word version so local authorities and other duty bodies and land managers are free to reproduce the information or incorporate it within their own publications.
• Your rubbish and the law – a guide for businesses (PDF 700 KB)
• Code of Practice on Litter and Refuse (PDF 800 KB) – updated November 2006
• Achieving improvements in street cleansing (PDF 1.77 MB)

Legislation and regulation

Environmental Protection Act 1990

Part IV sets out the powers and duties relating to litter. Section 89 of the Act provides the duty for local authorities and other statutory undertakers, including Network Rail and the Highways Agency, to clear litter and refuse from land and highways.

It is an offence under section 87 to throw down or drop litter. Local authority wardens have the power to issue fixed penalty notices to anyone caught littering. If the offender fails to pay the fine within 14 days they may be prosecuted and fined up to £2500. Police and private individuals can also bring prosecutions.

Litter Abatement Notices

Local authorities have the power to serve notices where statutory undertakers are failing to sufficiently carry out their litter cleansing duties. Furthermore, where persistent proliferation of litter can be traced to a particular premises adjacent to the street, local authorities can issue a Street Control Litter Notice on the occupier, or if unoccupied, on the owner, of the premises requiring them to undertake cleansing.

Related links

• Directgov
• ENCAMS Knowledge Bank – case studies and practical guidance for local authorities on dealing with litter