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LITTER AND THE ANGLER

January 2003

This leaflet was first published by SACG in the early 90's, to publicise the opportunities to use the legislative framework to force fishery owners to clean up waters which had a litter problem. This posting reproduces the original text except where events have altered our interpretation of the facts.
Chris Burt, SAA.

We are a nation of litter makers, but all that should now change! Since April 1991 the new Environmental Protection Act 1990 has equipped all of us to enforce a clean-up of the rubbish we see strewn around everywhere, and that includes us as anglers on at least most of our waters. So if you fish a venue which has a litter problem, read on! Let us look first at the main points of the Act.

The Act places a new duty on government departments, local authorities, transport departments including British Waterways, and schools, to ensure that their public land is kept clear of litter and refuse. Roads also have to be kept clean.

Local authorities are able to extend the duty to occupiers of some other land to which the public has access, by designating the land as a "Litter Control Area". The type of land which can be made a Litter Control Area is et out separately in what is called an "Order". One of the categories in the order includes "land used as an….area for….outdoor sports and recreations". (Note "land" does not unfortunately include the water as well).

Any person, under the new duty, must have regard to a statutory "Code of Practice" which describes standards of cleanliness which should be achieved, and also on the best means of getting these enforced.

The Code has two key principles;

• Busy areas, such as shopping streets in town centres should be cleared away more quickly than other areas which are less busy.
  
  
• Those areas where litter is more likely to be dropped should be cleared quicker than other areas.

Under these principles the Code provides a framework within which different land types are categorised. Four main zones are suggested with another seven covering specific areas such as schools, beaches and canal tow-paths. Four different levels of cleanliness are shown, from "Grade A" which is "no litter or refuse" through to "Grade D" which is heavily lettered with significant accumulations". Appendix "A" and "B" at the end of this article clearly show the different zones and the varying time limits for clearing up, within the four "grades of cleanliness" applicable to each zone.

The Act has teeth too, with the courts empowered to inflict heavy fines if the person under the duty does not act to clear up the litter (within the particular area) you have complained about.

So let us look now at the logical sequence of events to bring about a clean-up. Note you may well meet with success without going through all these stages, particularly if the land is publicly owned, as in our experience local councils etc are well aware of the impact of this act and will respond favourably just at the first mention of you wishing to enforce the Environmental Protection Act.

Stage 1
First I would suggest you write to the owner of the water, politely pointing out the existence of the problems and "the need placed on all of us under the terms of the new legislation to address litter problems". Keep things pleasant, a lot of people including water owners need to be brought round to the view-point that letter is now socially unacceptable, and this will take time. We do not need to employ the courts if friendly persuasion will work equally well!

You could also suggest how anglers can help too; for example the owner might distribute extra bailiffs cards to some of his regulars, and insist on a new rule of "you must clean up all litter within a swim you wish to fish, before you commence fishing".

Stage 2
If the land surrounding the water is controlled by a local authority, government department, transport department including British Waterways, or schools, go now to stage 3.

If not, then you have an extra stage to go through, as other land is not automatically covered by the Act. Assuming the land is subject to persistent littering you need to persuade the District Council to extend the duty of the Act to the occupier of the water. This is done using the "litter control area" procedures which require the land to be kept clear of litter.

The District Council though will need to agree that the area does fall under one of the descriptions of land which can be made a "litter control area", (contained in the litter control order 1991). It is conceivable that an authority may decline to include fishing waters in a litter control area, but that is a decision that we would view as unreasonable and open to challenge in the High Court, through a Judicial Review.

Keep going, once you are at this stage you are well on the way to achieving success!

Incidentally, to find the department at the council responsible for implementing the Act, ask for whoever is involved with litter enforcement, the precise department will vary from council to council.

Stage 3
If the person under the duty fails to keep their land clear of litter you should get clear photographic evidence of the problems showing sufficient background to clearly identify the location, and record the exact date and place taken. An independent witness would also be useful. Then write again under registered post to the owner stating that you are giving the statutory five days notice in writing and that under the terms of section 91 of the Environmental Protection Act 1990 you will be applying to the magistrates courts for a "Litter Abatement Order". Hopefully, this would be enough to encourage the person to clear up the litter and refuse form the particular area which is the subject of your complaint.

Stage 4
If there is still no satisfactory response, then you need to go ahead with an application to the courts. Again, take a clear set of photographs a evidence that they failed to act to clear the litter within the five days of receipt of your letter, with as second set of photographs exactly like the first. Again, an independent witness would be useful.

Note the District Council will need to have designated the area a "litter control area" (see stage 2 above).

Stage 5

• The application to the courts should be clearly set out as follows;
  That you are applying under section 91 of the Environmental Protection Act 1990 for a Litter Abatement Order on (then state the exact location zone).
  
  
• State the "cleanliness standard" applicable to the amount of litter involved, detailed in appendix A at the end of this article.
  
  
• State the "zone" applicable to the area concerned, refer to appendix B. I believe that the appropriate zone will either be zone 4 or 11. This will be for local authorities to decide and, ultimately, for the courts to consider whether the area has been zoned in accordance with the Code of Practice.
  
  
• Also submit copies of any original correspondence on clearance of the litter, your first photos of the litter and the date taken, your letter to those responsible for the water warning of your intention to apply for a Litter Abatement Order if the litter was not cleared within five days, and finally the photos taken after the five days along with the date you took them. I would personally be most interested in the proceedings at this stage, so if anyone progresses things this far could you let me know please? My address is at the end of this article.
  
  
• Assuming the magistrates court then grants a Litter Abatement Order, failure to comply with this by the persons under the duty "may result in a fine, with additional fines occurring for each day the area remains littered". It is no defence to merely remove the litter during the inevitable delay between the court summons and hearing, the "courts are specifically empowered…..to award costs to a complainant where the court is satisfied that at the time of the complaint was made to it the land was defaced by litter or refuse-even if the land is clean at the time the case comes to court".

So, that covers how to enforce the Code, it is not the easiest of subjects so if you have any queries I will try to help.

Finally it is recommended but does not form part of the Statutory Code of Practice, that authorities also consider the following;

1. "Procedures to ensure (that litter is) dealt with promptly, possibly by the provision of a mobile "hit squad" to restore the area to grade A condition".
   
   
2. Special arrangements for managing litter and refuse from special categories of land use
   
   
3. ….should strongly consider applying the full range of dog bylaws, including the use of leads, prevention of dog fouling, use "poop-scoops" etc

It is worth remembering on the enforcement side too that under the Environmental Protection Act 1990, the maximum penalty for anyone dropping litter is £1,000!

So there you have it, all the details needed to get our waters litter free. As a nation we are regarded as dirty, as anglers we have an even greater responsibility to keep the countryside clean. We have lost fishing rights many times in the past because of litter problems, think how much more likely this is to happen with the heightened awareness people will have of litter now this act is in place. Do not wait for someone else to sort out the problems, the solution to litter is there for you to use!

Chris Burt/Tim Marks SAA

Source; Environmental Protection Act 1990: Code of Practice on Litter and Refuse, available form HMSO bookshops price £5.

Appendix A

Appendix B

For further information contact SAA.