Litter Management
It is the duty of every District Council and the Department to keep roads for which they are respectively responsible clear of litter. An equivalent duty applies to occupiers of relevant land, the governing bodies of educational institutions, or designated statutory undertakers and State authorities. Councils and the Department must keep the roads for which they are responsible clean.
The required standard is set by reference to the character and use of the land and measures which are practicable in the circumstances. District Councils may, with the consent of a person who has a duty to keep roads and land clear, arrange for the clearing of the road or the land and may enter into an agreement providing for payment. But the regulations may provide for the matter in greater detail.
The District Council shall provide signs on roads and traffic signs or barriers as appropriate in discharge of their duties. They may prohibit parking of vehicles on days as required to clean the streets. Notice may be given to occupiers of premises on the relevant street by notice served and displayed.
The Department may prepare a code of practice for the purpose of giving practical guidance on the discharge of duties under the legislation. The code may be modified from time to time. Persons with a duty to keep the land and premises clean etc. must have regard to the code of practice. The code of practice is to be laid before the Assembly, which may reject it.
The Department may specify types of land that are designated as litter control areas. It may be described by reference to the ownership or occupation of the land or activities carried on it. The District Council may designate any land in its district as a litter control area.
The council may only make such an order if it is of the opinion that, by reason of the presence of litter, the condition of the land is, unless the designation is made, likely to continue to be detrimental to the amenities of the locality. The District Council proposing to make a designation order must notify persons who appear to be affected and give them the opportunity to make representations within 21 days of the service of the notice. The representations must be taken into account in making the decision.
The council may provide and maintain street receptacles for litter, make arrangements for emptying and cleaning of receptacles, and may clean the receptacle and empty receptacles for litter provided in any street by any other person.Emptying must be sufficiently frequent to ensure that no such receptacle or its contents shall become a nuisance giving reasonable ground for complaint.
Each council shall maintain a register containing copies of orders made and street litter control notices; any variations or changes must be noted in the register. District Councils must ensure that the registers are open, at all reasonable times, for inspection free of charge.
The District Council shall consult with voluntary bodies as it considers appropriate and must agree to participate in consultations about steps required for the purpose of abatement of litter within the district. The District Council is to prepare a statement of the steps which the council and bodies agree for that purpose; take steps as in its opinion will give publicity in the district to the statement; and keep a copy of the statement available for inspection free of charge at reasonable hours by the public.
The District Council may resolve that specified measures shall come into effect within its district. Notice is to be served, published in a newspaper circulating in the district. Prior consultation is to be had with representatives and persons who appear to be affected by the proposals.
District Councils have powers to obtain information for the purpose of their functions under the litter legislation. Failure to comply with the notice without reasonable excuse or failure to furnish information or make the statements which are false in a material particular or recklessly made which is false in a material particular is an offence.
The legislation applies to the Crown. However, breach does not make the Crown criminally liable. However, the High Court, on application by a District Council, may declare unlawful any act or omission of the Crown which constitutes the contravention.
The Secretary of State may, by notice, certify that in the interest of national security, it is expedient that the power should not be exercisable in respect of a particular premises.
Scheduled I provides for powers to remove and control shopping and luggage trolleys. It does not apply to land on which the owner of the trolley has an interest, land in which off-street parking facilities are afforded.
There are powers to make and seize and remove trolleys and related vehicles. District Councils may seize a trolley and remove it to such a place under its control as it thinks fit. Where a shopping or luggage trolley is found on land appearing to an authorised officer to be occupied by any person, the trolley shall not be removed without the consent of that person unless the District Council has served a notice proposing to do so, and no notice of objection is received.
There are powers to seize and remove abandoned shopping trolleys and luggage. Where they are found in the open area, appear to be abandoned, they may be removed to places where the council thinks fit.