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

To ask His Majesty's Government whether section 89 of the Environmental Protection Act 1990 requires local authorities and other relevant bodies to keep only land under their control, such as highways, clean of litter and refuse; whether the Code of Practice on Litter and Refuse specifies the distance from the highway for which it is the responsibility of the local authority to clear fly-tipping and other waste; and whether local authorities and other bodies are required to assist landowners with clearing their land beyond the edge of the highway of waste placed illegally by third parties, including toxic waste and fly-tipping.

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 (see attached) provides guidance on discharging these duties. It does not specify the distance from the highway for which it is the responsibility of the local authority to clear fly-tipping.

Local authorities are responsible for most trunk roads and other, more minor roads. National Highways is responsible for motorways and certain trunk roads. Landowners are responsible for the land that they own. We encourage local authorities to investigate all incidents of fly-tipping, including those on private land. The Environment Agency may investigate waste that has the potential to damage the environment, such as hazardous waste.

We recently published a Pride in Place Strategy in which we committed to bringing forward statutory enforcement guidance on littering and modernising the code of practice on Litter and Refuse that outlines the cleaning standards expected of local authorities.