What is the district council's responsibility to litter and rubbish?

Both rubbish and litter collections have been hotly questioned during BSACC meetings, especially with regard to illegal and careless deposits. Variants of these problems are one of the most regular types of question brought up during BSACC meetings.  These challenges have been directly put to both the Swindon council representatives and our local councillors.  What is considered a statutory duty, what is achievable and what the residence want is hotly debated. Our interactions as a community group have had varied success, but both litter and fly-tip is and will always be a persistent issue.

A fuller understanding of whether you're/we're arguing from a firm footing, "legally," or more shaky ground is always handy. This is not just a local issue confined to Swindon town centre, but it's a country wide issue. Recognising this, parliament has taken pains to produce a document (code of practice) on what's considered acceptable regarding these problems. Although the information contained is published as a technical guide to councils, it does possess "statutory" teeth to bite them with, if they are failing to meet their obligations under the code!

Here is a link to the code of practise pdf document, regarding what the councils should be providing as a service for residence:

code-of-practice-on-litter-and-refuse

Here is another link regarding advice from central government:

litter-and-refuse-council-responsibilities-to-keep-land-clear

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I came across this pdf document which is an excellent primer regarding waste

lecture_notes_on_prosecutions_for_fly-tipping

Please note the section: "what is the relevant legislation" part (c)

"They can also enter land to clear it of waste if there is no occupier or if the occupier neither
knowingly caused nor permitted the deposit of the waste or in order to prevent pollution." 

• (this statement is echoed in section 2.5 of the "Code of practise on litter and refuse")

also please look at section: (e)

"local authorities have the power to deal with any rubbish which is in the open air and which is seriously detrimental to the amenities of the neighbourhood. The power is effective 28 days after service of notice on the landowner but there is no power to recover costs."

links:


www.legislation.gov.uk/ukpga/1990/43/contents
www.legislation.gov.uk/ukpga/1990/43/section/59#section-59-7
www.legislation.gov.uk/ukpga/1990/43/section/59ZA

www.legislation.gov.uk/ukpga/Eliz2/9-10/64#section-34-1

www.legislation.gov.uk/ukpga/2005/16/part/3

www.legislation.gov.uk/ukpga/1980/66/section/130


Can anything be done from a personal point of view?

Every effort needs to be made to make the "duty litter authority" adhere to their duties as given in the various legislations regarding waste, litter and refuse.  If all has failed and they refuse to carry out their duty in a reasonable time, then provision under the "Environmental protection act 1990 [section 91]", has been made for a review through a magistrates court.  The court can order the duty authority to clear it up.  Failure to comply with the court order is a criminal offence subject to a fine.

www.legislation.gov.uk/ukpga/1990/43/section/91