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.

Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)

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.

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

To ask His Majesty's Government, further to the Written Answer by Baroness Hayman of Ullock on 29 October (HL11074), whether they will make an assessment of the responsibilities of local authorities in relation to clearing up fly-tipping that takes place on a private land more than 10 metres from the highway.

Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)

There is no plan to make an assessment of the responsibilities of local authorities in relation to clearing up fly-tipping that takes place on a private land more than 10 metres from the highway.

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

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.

Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)

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.