Environmental Protection Act 1990

87 Offence of leaving litter. E+W+S

(1) If any person throws down, drops or otherwise deposits in, into or from any place to which this section applies, and leaves, any thing whatsoever in such circumstances as to cause, or contribute to, or tend to lead to, the defacement by litter of any place to which this section applies, he shall, subject to subsection (2) below, be guilty of an offence.

(2) No offence is committed under this section where the depositing and leaving of the thing was—

(a) authorised by law, or

(b) done with the consent of the owner, occupier or other person or authority having control of the place in or into which that thing was deposited.

(3) This section applies to any public open place and, in so far as the place is not a public open place, also to the following places—

(a) any relevant highway or relevant road and any trunk road which is a special road;

(b) any place on relevant land of a principal litter authority;

(c) any place on relevant Crown land;

(d) any place on relevant land of any designated statutory undertaker;

(e) any place on relevant land of any designated educational institution;

(f) any place on relevant land within a litter control area of a local authority.

(4) In this section “public open place” means a place in the open air to which the public are entitled or permitted to have access without payment; and any covered place open to the air on at least one side and available for public use shall be treated as a public open place.

(5) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) A local authority, with a view to promoting the abatement of litter, may take such steps as the authority think appropriate for making the effect of subsection (5) above known to the public in their area.

(7) In any proceedings in Scotland for an offence under this section it shall be lawful to convict the accused on the evidence of one witness.

Commencement Information

I1 S. 87 partly in force; s. 87 not in force at Royal Assent see s. 164(2); s. 87(1) (2) (3)(a)-(e) (4)-(6) in force (E.W) 13.2.1991 by S.I. 1991/96, art. 3