Litter Act


Published: 1983

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Litter (CAP. 250 1

CHAPTER 250

T H E LITTER ACT

Arrangement of Sections
Section

Short title.
Interpretation.
Depositing of litter in a public place.
Disposal of litter from motor vehicle or trailer
Owner of bus to provide receptacle for litter.
Littering premises.
Abettment of offences against sections 3, 4, or 6.
Offender mav be ordered to clean area.
Appointment of litter prevention wardens.
Ex-officio litter prevention wardens.
Power and duties of litter mevention wardens.
Unsightly premises and clean up order.
Offences in respect of litter prevention wardens.
Interference with receptacle for litter.
Punishment of offence.
Offence by a body corporate.
Minister may designate officers of Ministy to carry out

provisions of Act.
Punishment without prosecution of certain offences.
Police officers to assist.
SCHEDULE.

LAWS OF ANTIGUA AND BARBUDA

Litter (CAP. 250 3

LITTER

An Act respecting the littering of public places and of
premises.

(22nd September, 1983 .) 711983.

1. This Act may be cited as the Litter Act. Short title.

2. In this Act- Interpretation.
" approved site" means a site established by the Minister

or by any person with the approval of the Minister
as a site for the deposit and disposal of litter;

"bus" means any vehicle having seating capacity for
more than six persons which is used for the carriage
of persons for hire or reward;

"commercial waste" means waste from premises used
wholly or mainly for the purpose of trade or
business or for the purpose of sport, recreation or
entertainment;

''Court'' means the Magistrate's Court;

"deposit" in relation to litter includes casting or placing
or allowing to flow or fall;

"domestic waste" means waste from a private dwell-
ing or residential home or from a school or other
educational establishment;

"industrial waste" means waste from premises form-
ing part of a hospital or nursing home or from any
factory within the meaning of the Factories Act;

"litter" means any solid or liquid material or product
or combination of solid and liquid materials or pro-
ducts including but not limited to any bottles, tins,
logs, sawdust, cartons, packages, packing materials,
paper, glass, food, animal remains, garbage, debris,

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 250) Litter

sand, gravel, stone aggregate, dirt, waste (including
any human and animal waste) or any other refuse
or rubbish or waste material, and any other material
or product that is designated as litter by the Minister
by notice published in the Gazette;

"litter prevention warden" or "warden" means a
person appointed or deemed to be a litter preven-
tion warden in accordance with section 9 or 10;

"Permanent Secretary" means Permanent Secretary to
the Minister;

"premises" means land, other than any buildings
thereon, whether vested in the Crown or not, and
includes natural water courses and drains, whether
boundary or interlot drains in any private lay-out
or otherwise, any ports, bays and shores;

< < receptacle" means any bin or container of any sort
provided in any public place, bus or taxi pursuant
to this Act or any other enactment for the purpose
of litter being temporarily deposited therein by
members of the public;

< < unsightly premises" means any premises or part of

any premises upon which litter is deposited or
allowed to stand in such circumstances as to cause
or contribute or tend to the defacement of the
premises;

< < waste" includes-

(i) any substance which constitutes a scrap
material or any other unwanted surplus
substance arising from the application of any
process;

(ii) any substance or article which requires to be
disposed of as being broken down, worn out,
contaminated or otherwise spoiled;

(iii) domestic waste, industrial waste or commercid
waste;

LAWS OF ANTIGUA AND BARBUDA

Litter (CAP. 250 5

and for the purpose of this Act, anything which is
discarded or otherwise dealt with as if it were waste is
presumed to be waste and accordingly litter until the
contrary is proved.

3. (1) Any person who without reasonable excuse- ~ ; ~ ~ E l $ ; ; e .
(a) deposits any litter in or on any public place

other than-

(i) in a receptacle placed for the purpose of
collecting it; or

(ii) in or at any approved site; and

( b ) having deposited any litter otherwise than as
prescribed in subparagraphs (i) and (ii) of paragraph
(a) in or any public place (whether inadvertently or
otherwise) leaves such litter there,

is guilty of an offence.

(2) In any proceedings against a person for an offence
under this section the absence or unavailability of a recep-
tacle shall not be a defence.

(3) Where litter is deposited from a motor vehicle, other
than a bus or taxi when plying for hire, or from a trailer
on to a public place contrary to subsection (1), and it cannot
be determined which of two or more occupants of the motor
vehicle or trailer is responsible, the driver of the motor vehicle
or trailer shall be deemed to be the person who deposited
the litter from the motor vehicle or trailer.

(4) Where litter is deposited from a motor vehicle other
than a bus or taxi when plying for hire, or from a trailer
contrary to subsection (1), and it cannot be determined who
is the driver of the motor vehicle, the owner of the motor
vehicle shall be deemed to be the person who deposited the
litter from the motor vehicle or trailer unless he proves to
the satisfaction of the Court that at the time of the offence
the motor vehicle was not being driven, the trailer was not
being towed or the motor vehicle or trailer was not parked
or left by him or by any other person with his consent, express
or implied.

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 250) Litter

(5) It shall not be a defence that litter deposited
originally by a person in a public place came to rest in a
place other than a public place.

(6) A person who is guilty of an offence under this
section is liable on summary conviction in the case of an
individual to a fine of one thousand dollars or imprisonment
for six months or in the case of a body corporate to a fine
of three thousand dollars.

Disposal of litter
from motor

4. (1) Any person who transports in or on a motor
vehicle or trailer. vehicle or trailer along any motorway, road, street, alley,

lane, mall or thoroughfare, any substance or material which
is likely to fall off or blow off the motor vehicle or trailer
because while being so transported it is either-

(a) not sufficiently well secured as to prevent it from
falling off the motor vehicle or trailer, or

( 6 ) not so covered as to prevent it from blowing
off the motor vehicle or trailer,

is guilty of an offence

(2) A person who is guilty of an offence under this
section is liable on summary conviction in the case of an
individual to a fine of one thousand dollars or to imprison-
ment for six months or in the case of a body corporate to
a fine of three thousand dollars.

Owner of bus to
provide

5 . (1) The owner of every bus or taxi shall, while his
receptacle for vehicle is plying for hire, provide in a convenient place therein
litter. one or more receptacles for the deposit of litter.

(2) Any person who contravenes subsection (1) is guilty
of an offence and is liable on summary conviction to a fine
of five hundred dollars.

Littering 6. Any person who throws down, drops or otherwise
premises.

deposits and leaves any litter in or into any premises owned
or occupied by another without the consent of that person,
the proof whereof lies on the person charged, is guilty of
an offence and is liable on summary conviction to a fine of
one thousand dollars and to imprisonment for six months.

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Litter (CAP. 250 7

7. Any person who causes or knowingly permits any Abettment of
offences against other person to commit an offence under section 3, 4 or 6 s,ct;,,s 3, 4, or 6.

shall be liable to be proceeded against and convicted for the
same, either together with the principal offender or before
or after his conviction, and shall be liable on conviction to
the same punishment as such principal offender may be liable
to.

8. (1) Without limiting the powers conferred on litter Offender may be
ordered to clean

prevention wardens by this Act, where any person is con- ,,., - -. --
Gicted of an offence inder sect.ion 3, the Court may, in
addition to imposing a penalty, order the offender, under
the supervision and to the satisfaction of a person nominated
by the Court, to clean up and remove such litter deposited
in such public place within such period and to such place
as may be specified in the order.

(2) Where such order is complied with to the satisfaction
of the person nominated by the Court that person shall deliver
or cause to be delivered to the offender a statement in writing
to that effect.

(3) Any offender who fails without reasonable excuse
to comply with such order is guilty of an offence and on
summary conviction therefor is liable in addition to any
penalty imposed under section 3, to a fine of one thousand
dollars.

(4) A prosecution for an offence under subsection (3)
may be commenced by a litter prevention warden or by the
person nominated by the Court under subsection (1).

9. (1) Subject to subsections (2) and (3), the Minister Appointment of
litter prevention

may, from time to time, by notice published in the Gazette,
appoint persons to be litter prevention wardens for the
purpose of this Act.

(2) Subject to subsection (3) every appointment under
subsection (1) shall be on such terms as to remuneration and
other conditions of employment as the Minister may
determine.

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 250) Litter

(3) Any warden appointed under this section may be
appointed to exercise his duties in respect of any particular
public place or places or generally in respect of public places
throughout Antigua and Barbuda.

(4) Every warden appointed under subsection (1) shall
hold office during the pleasure of the Minister or for such
specified term as the Minister thinks fit and any such warden
may at any time be removed from office by the Minister,
and may at any time resign his office by notice in writing
addressed to the Permanent Secretary.

(5) The Permanent Secretary shall supply to every
warden appointed under subsection (1) a written warrant
signed by the Permanent Secretary, or a person acting under
his authority, as evidence of the appointment, and the pro-
duction of that warrant shall be sufficient proof of the
appointment.

(6) Any warden appointed under subsection (1) shall,
on the expiration of the term of his appointment, or on the
sooner expiration of his appointment by removal from office
or resignation, surrender to the Permanent Secretary his
warrant of appointment and any uniform and badge of office
that may have been issued to him in respect of his
appointment.

Ex officio litter
prevention

10. The following persons shall by virtue of their office
wardens. be deemed to be litter prevention wardens for the purposes

of this Act-

(a) every peace officer;

( 6 ) every public health inspector while he is acting
in exercise of his powers or the discharge of his duties

Cap. 353. under the Public Health Act; and

( c ) every forest officer appointed for the purpose
Cap. 178. of the Forestry Act.

and duties 1 . (1) Every litter prevention warden, if for the time
of litter
prevention being in uniform or in possession of a warrant or other
wardens. evidence of his authority as a litter prevention warden, is

authorised to enforce the provisions of this Act and may sum-

LAWS OF ANTIGUA AND BARBUDA

Litter (CAP. 250

marily act to prevent the deposit or attempted deposit of litter
in any public place in which he is authorised to act.

(2) Where any warden finds a person depositing litter
(whether inadvertently or otherwise) in a public place in
which he has authority to act, or has good cause to believe
that a person has deposited any litter (whether inadvertently
or otherwise) in any such place, the warden may require
him to place the litter in the nearest receptacle, or, if by
reason of the size or quantity of the litter or for any other
reason it is not practicable for the litter to be placed in a
receptacle, to remove the litter to the nearest approved site.

(3) For the purposes of subsection (2), an approved site
does not include an approved site on private premises.

(4) If any litter prevention warden finds a person com-
mitting an offence under section 3 or has good cause to believe
that a person has committed such an offence, the warden
may-

( a ) require that person to state his true name and
place of residence and institute proceedings for the
purposes of enforcing the provisions of this Act by com-
mencing a prosecution against that person, or

(6) issue a litter removal order to that person in
Form A in the Schedule with respect to the contravention Form A

Schedule. requiring the person to whom it is addressed within a
specified period of time which shall not be less than two
days to remedy the condition caused by his action.

(5) If any litter prevention warden finds a person com-
mitting an offence under section 4, 6, 7 , or 13 or has good
cause to believe that a person has committed such an offence,
the warden may require that person to state his true name
and place of residence and institute proceedings for the pur-
pose of enforcing the provisions of this Act by commencing
a prosecution against that person.

(6) Where a warden issues a litter removal order under
paragraph ( b ) of subsection (4) and the person to whom it
is addressed fails to comply with the order to the satisfaction
of the warden, the warden may commence a prosecution
with respect to that offence.

LAWS OF ANTIGUA AND BARBUDA

10 CAP. 250) Litter

(7) Where a person complies with a litter removal order
to the satisfaction of the warden who issued the order, no
prosecution shall be commenced with respect to the offence.

Unsightly
premises and 12. (1) Where a litter prevention warden considers
clean uD order. any premises, when viewed from a public road, street or

highway, to be unsightly premises o; seriously detrimental
to the amenities of the neighbourhood by reason of litter,
the warden may issue a clean-up order to the owner or the
person in control of the premises that is the subject of such

Form B
Schedule. order in Form B in the Schedule.

(2) Such clean-up order may require the person to
whom it is addressed, within a period of time to be specified
by the warden which shall not be less than fourteen days
beginning with the date of service of the order-

(a) to remedy the condition of the premises in a
manner and to the extent directed in the order, or

(b ) to demolish or remove any litter causing or con-
tributing to the unsightly or detrimental condition of
the premises, or

(c) to do any other thing to remedy the condition
of the premises, or

(4 to do all or any of the things specified in
paragraphs (a) to (c).

(3) The person to whom a clean-up order is issued may,
within seven days of the date it is served, request the Minister
to review the order or any part thereof and upon receiving
a request for such a review the Minister shall review the
reasons for and the requirements of the clean-up order.

(4) After such review, the Minister may confirm, rescind
or in any manner vary the clean-up order and shall issue
to the person named in the clean-up order a decision on his

Form C
Schedule. review in Form C in the Schedule and where the Minister's

decision on review confirms or varies the clean-up order,
the time limit for compliance with the order shall be such
number of days from the date of the decision on review as
the Minister may specify in his decision on review.

LAWS OF ANTIGUA AND BARBUDA

Litter (CAP. 250 11

(5) Any owner or person in control of any premises who
fails to comply with the requirements of a clean-up order
under this section is liable on summary conviction to a fine
of one thousand dollars.

(6) Notwithstanding the provisions of subsection (4),
where a person fails to comply with the requirements of a
clean-up order under this section, the Minister, without pre-
judice to the provisions of subsection (4) or to his right to
institute any other proceedings, may cause the condition of
the premises to be remedied to the extent specified in the
clean-up order and may recover any reasonable expenses
incurred in so doing summarily as a civil debt due to the
Crown from the person to whom the clean-up order was
issued.

(7) For the purpose of carrying this section into effect
the Minister and any person or persons authorised for that
purpose on behalf of the Minister shall have power at all
reasonable times to enter into and upon any premises and
take such action there as may be necessary to carry out the
requirements of a clean-up order under this section.

13. Any person who- Offences in
respect of litter

(a) wilfully obstructs a litter prevention warden ~ ~ r ~ e " , ' ~ ~
while acting in the execution of any of the powers or
duties conferred on him by this Act; or

( b ) without lawful excuse fails within a reasonable
time to comply with the requirement of a warden
exercising the power conferred on him by subsection (2)
of section 1 1 ; or

(c) after being required to give his true name and
place of residence by a warden acting pursuant to the
power conferred on him by paragraph (a) of
subsection (4) of section 11;

(i) refuses to give his true name and place of
residence; or

(ii) gives a false name or place of residence; or

(d) personates or falsely pretends to be a warden; or

Interference with
receptacle for
litter.

Punishment of
offence.

Offence by a
body corporate.

Minister may
designate officers
of Ministry to
carry out
provisions of
Act.

LAWS OF ANTlGUA AND BARBUDA

CAP. 250) Litter

( e ) offers violence to, or assaults, threatens or
intimidates, or uses threatening or abusive language or
behaves in a threatening manner to any warden while
he is acting in the exercise of his powers or the discharge
of his duties under this Act, or gives or agrees to give
or offers to a warden any gift or consideration as an
inducement or reward for any act done or to be done,
or for any forbearance observed or to be observed or
for any favour shown or to be shown by him or who
being such a warden accepts such gifts or consideration

is guilty of an offence and is liable on summary conviction
to a fine of one thousand dollars.

14. Any unauthorised person who wilfully removes
or otherwise tempers with a receptacle is guilty of an offence
and is liable on summary conviction to a fine of five hundred
dollars.

15. A litter prevention warden shall have power to
institute proceedings for any offence under this Act committed
in the area in respect of which he holds his appointment as
such litter prevention warden.

16. If a body corporate commits an offence against
this Act every director, manager, secretary or other similar
officer of the body corporate, and any person purporting
to act in any such capacity is also guilty of that offence if
the act or omission constituting the offence occurred with
his knowledge.

17. (1) The Minister may designate one or more
persons on the staff of the Ministry as an officer or officers
for the purpose of carrying out all or any of the provisions
of this Act; and any person so appointed has, for the purposes
of this Act, all the powers, authority and immunities con-
ferred upon or enjoyed by a litter prevention warden under
this Act.

(2) Any person designated under subsection (1) shall
while carrying out his duties in pursuance of this section have
in his possession a certificate of his designation under
subsection (1) and shall produce such certificate upon request.

LAWS OF ANTIGUA AND BARBUDA

Litter (CAP. 250 13

18. (1) Notwithstanding anything in any of the Punishment
without

foregoing provisions of this Act and without prejudice to his prosecution of
right to take any other steps under the authority of this Act, certain offences.
where a litter prevention warden finds a person on any
occasion committing or has reason to believe that a person
has committed an offence under either subsection (1) of
section 3 or subsection (3) of section 3 or under section 4
or 5, he may give him the prescribed notice in writing
charging him with the commission of such offence and
offering him the opportunity of the discharge of any liability
to conviction of such offence by payment of a Gxed penalty
under this section and notifying him that a complaint will
be made against him in respect thereof and requiring him
either to pay the fixed penalty within the time specified in
the notice or to appear at the Court specified in the notice
on the day and at the hour stated therein to answer the said
complaint.

(2) The litter prevention warden shall send to the clerk
of the Magistrate for the magisterial district in which the
offence is committed, a duplicate of the notice, and that
duplicate shall be deemed to be a complaint made before
the Magistrate and a summons issued by the Magistrate for
the purpose of the Magistrate's Code of Procedure Act. Cap. 255.

(3) Where the fixed penalty is duly paid in accordance
with such notice, the person on whom such notice is served
is not liable to be convicted of the offence in respect of which
the notice was given and the proceedings instituted by the
notice are deemed to have been dismissed.

(4) Where a person is given a notice under this section
in respect of an offence no further proceedings shall be taken
against any person for that offence until the end of the ten
days following the date of the notice.

(5) In the foregoing subsections "proceedings" means
any criminal proceedings in respect of the act or omission
constituting an offence under either section 3, 4 or 5 and
the word "convicted" shall be construed in like manner.

(6) Payment of a fixed penalty under this section shall
be made to the clerk of the Magistrate for the magisterial

LAWS OF ANTIGUA AND BARBUDA

14 CAP. 250) Litter

district in which the offence is committed, and sums paid
by way of fixed penalty for an offence shall be treated for
the purposes of the Magistrate's Code of Procedure Act as
if they were fines imposed on summary conviction for such
offence; and in any proceedings a certificate that payment
of a fixed penalty was or was not made to the appropriate
clerk of the Magistrate by a date specified in the certificate
shall, if the certificate purports to be signed by the clerk of
the Magistrate, be sufficient evidence of the facts stated,
unless the contrary is proved.

(7) The time within which the fixed penalty is payable
shall be ten days from the date of the notice, and where
payment reaches the clerk of the Magistrate after that time,
it shall not be receivable and shall be returned to the sender.

(8) A notice given under subsection (1) shall be signed
by the litter prevention warden and shall specify-

(a) the date, time and place of the giving of the
notice;

(6) the section of this Act under which the offence
is alleged to have been committed and such particulars
of the offences as are necessary for giving reasonable
information of the allegation;

(c) the time within which the fixed penalty may
be paid in accordance with subsection (7);

(d) the amount of the fixed penalty;

(e) the clerk of the Magistrate to whom and the
address at or to which the fixed penalty may be paid
or remitted;

Cf) the address of the Court at which the person
is required to appear in the event of his failure to pay
the fixed penalty within the specified time, and the date
and time for his appearance; and shall state also that
during the period of ten days by virtue of subsection
(4), no further proceedings will be taken for the offence.

(9) The futed penalty for an offence shall be fifty dollars.

(10) Where the fixed penalty is not paid within the time
specified in the notice, proceedings in respect of the offence

LAWS OF ANTIGUA AND BARBUDA

Litte~ (CAP. 250 15

specified in the notice shall proceed in the manner prescribed
by the Magistrate's Code of Procedure Act.

(1 1) The Minister may make regulations providing for
any matter incidental to the operation of this section, and
in particular-

(a) for prescribing the form of notice under
subsection (1);

( b ) for prescribing the duties of clerks of the
Magistrate;

(c) for prescribing the information to be supplied
to clerks of the Magistrate.

(12) Regulations made under this section shall be subject
to negative resolution of the Senate and the House of
Representatives.

19. It shall be the duty of all officers and constables f'z Officers to
of police to aid and assist in carrying this Act into effect
and preventing breaches thereof.

SCHEDULE (Sections 1 1 & 1 2 )

FORM A

LITTER REMOVAL ORDER

TAKE NOTICE that pursuant to section 1 1 of the Litter Act, you are hereby
ordered to remedy the condition caused by your action of unlawfully depositing
litter by

LAWS OF ANTIGUA AND BARBUDA

16 CAP. 250) Litter

The necessary action must be completed within days or a summons may be
issued with respect to the offence.

Dated this day of 19

Litter Prevention Warden

FORM B

CLEAN-UP ORDER

TAKE NOTICE that pursuant to section 12 of the Litter Act, with regards the

............................ premises situated at

You are hereby ordered to remedy the unsightly condition of the above premises

If the above requirements are not met within days of the service upon
you of this Order, the work may be done by government workers and the costs
of the work done will be a debt due to the Crown by you.

This clean-up order may be reviewed by the Minister of Health if a written
request for a review is made within 7 days of the date shown below to

Minister of Health
Ministry of Health

Dated this day of 19

Litter Prevention Warden

LAWS OF ANTIGUA AND BARBUDA

Litter (CAP. 250 17

FORM C (Section 12)

DECISION ON REVIEW OF A CLEAN-UP ORDER

WITH regard to the premises situated at ..............................................

You are hereby informed that having reviewed the clean-up order issued to
you on the day of 19

the Minister of Health, find that (delete inappropriate sections)
-the clean-up order is just and proper, and that the requirements thereon
must be completed by you within days of this decision or further action
will be taken.
-the clean-up order should be varied in the following manner:

The above requirements must be completed by you within days of this deci-
sion or further action will be taken.

-The clean-up order is hereby rescinded and no action on your part is
necessary.

Dated this day of 19

Minister of Health,

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