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ENVIRONMENTAL PROTECTION ACT 1990 SECTION 92(1)

The…………………. (name of principal litter authority issuing notice), being satisfied as respects the relevant land described in paragraph 2

i. that it is defaced by litter or refuse, or

ii. that its defacement by litter or refuse is likely to recur.

(delete i. or ii. if inapplicable), hereby serves the following Notice:

1 This Notice is served on the following Crown authority/designated statutory undertaker/governing body of a designated educational institution (delete as appropriate), as the responsible body having a duty under section 89(1) of  the Environmental Protection Act 1990  to keep its relevant land, so far as is practicable, clear of litter or refuse:

Name of responsible body:

…………………………………………………..

Address:

…………………………………..…….……..

and,

i. Requires that the litter or refuse is cleared within …………………. (specify time period for compliance, e.g. seven days) from the date on which this notice is served).

and / or,

ii. Prohibits the responsible body from permitting that land to become defaced by litter or refuse again.

(if appropriate, delete whichever of  i. or ii. is not to apply)

2 The relevant land to which this notice applies is the land which

i. is delineated and shown (describe colouring or other method used to identify the land on the map) on the map forming part of this Notice, and

ii. is briefly described in the Schedule to this Notice.

3 An appeal against this notice may be made to a magistrates’ court within 21 days from the date on which it is served.

The court must allow the appeal if you can prove that the duty under section 89(1) has been complied with; the Code of Practice on Litter and Refuse (issued pursuant to section 89(7)) is admissible  as evidence in respect of compliance  with that duty.

4 If you fail without reasonable excuse to comply with the requirement and /  or prohibition (delete as appropriate)  in paragraph 1: – you may be prosecuted. If you are prosecuted and convicted the maximum penalty is a fine not exceeding level 4 on the standard scale (currently £2,500), plus further fines of one-twentieth of that sum (currently £125) a day for each day that the offence continues after conviction. – the local authority is entitled, in respect of land other than Crown land occupied for naval, military or air force purposes, or certain land of designated statutory undertakers, to enter your land, clear  the litter, and charge you for the  costs incurred.

SCHEDULE

(Description of relevant land)

DATE

More on EPA S92 Litter Abatement Notices

 

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