34. Prohibition to litter

(1) A person shall not deposit in any place anything which may contribute to the defacement of any place by litter, except as authorised by law or done with the consent of the owner or occupier of that place.

(2) Subsection (1) applies to any public place and includes the following-

(a) any highway or road; or

(b) any place within the jurisdiction of a local council.

(3) Any person who contravenes this section commits an offence and is liable to a fine not exceeding P300 or to imprisonment for a term not exceeding two months or to both.

35. Abatement of litter

A local authority may, with a purpose of promoting the abatement of litter, take such steps as it thinks appropriate.

36. Dumping of litter

The Minister may make regulations with respect to the dumping of litter and in particular provide for-

(a) the nature, design, number, provision and placing of containers and notices with respect to the dumping of litter;

(b) the cleaning, clearing away and removal of litter and the emptying and maintenance of containers for the dumping of litter;

(c) the facilities or methods of preventing the accumulation of litter; or

(d) any other matter which he deems necessary or desirable to control and prevent the dumping of litter.

37. Principal litter authority

(1) For the purposes of this Act all local authorities are hereby designated principal litter authorities.

(2) A principal litter authority shall undertake the cleaning of public roads and streets as identified by the Director, and the amenities of its area in the interests of public health.

(3) In determining the standard required for the cleaning of public roads and streets regard shall be had to the character and use of the land thereof and the measures practicable in the circumstances.

(4) A principal litter authority may, for the purpose of preventing accumulation of litter or refuse around any public place or road, issue notices imposing requirements on occupiers of premises in relation to such litter or refuse in accordance with this section.

38. Notices for depositing litter

(1) Where an authorised officer of a local authority or a police officer finds a person whom he has reason to believe has committed an offence under this section, he may give that person a notice offering him the opportunity of discharging any liability for that offence by payment of a prescribed penalty.

(2) Where a person is given a notice under this section in respect of an offence believed to have been committed-

(a) no proceedings shall be instituted for that offence before the expiration of fourteen days following the date of the notice; and

(b) he shall not be convicted of that offence if he pays the fixed penalty before the expiration of fourteen days.

(3) A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state-

(a) the period during which, by virtue of subsection (2) proceedings will not be taken for the offence;

(b) the amount of the fixed penalty; and

(c) the person to whom and the address at which the fixed penalty may be paid.

(4) The form of notices under this section shall be such as the Minister may by regulations prescribe.