Question to the Department for Environment, Food and Rural Affairs:

To ask His Majesty's Government whether there is a difference between the responsibilities of a local authority for clearing, or paying to clear, waste illegally placed by third parties (1) within 10 metres of a public highway for which the local authority is responsible, and (2) more than 10 metres from such a highway; what is the legal basis; and what assessment they have made of whether there is sufficient legal certainty of those responsibilities.

Section 89 of the Environmental Protection Act 1990 imposes duties on local authorities to ensure that certain land is, so far as is practicable, kept clear of litter and refuse. The Code of Practice on Litter and Refuse provides guidance on discharging these duties. This is available at: https://www.gov.uk/government/publications/code-of-practice-on-litter-and-refuse (attached).

Landowners are responsible for clearing waste from land that they own.