Recent Posts

The precise wording can be seen here Environmental Protection Act 1990 S89(1)

EPA Section 89 (1) imposes a duty on  certain bodies including educational institutions, local authorities and Highways England

… to ensure that the land (including highways) under their control is, so far as is practicable, kept clear of litter and refuse. 

Highways England is responsible for the English motorways (special roads) and some trunk roads.

S89(2) the same bodies have to ensure that their highway are, so far as is practicable, kept clean. [This means that any hard surfaces have to be kept clear of detritus as well as litter].

These sections are qualified as follows:

S89 (3) says, in determining what standard is required, duty bodies shall have regard to the character and use of the land as well as the measures which are practicable in the circumstances.

S89  (7) says the Secretary of State (for Environment, Food and Rural Affairs) shall prepare and issue a code of practice to provide practical guidance on the discharge of the duties imposed under S89(1).

S89 (10) says anyone subject to a duty under S89(1) shall have regard to the code of practice.

Meaning of “practicable” and “reasonably practicable”

EPA S89(1) and the Litter Code of Practice

 Peter Silverman
9th November 2016


Comments are closed.