Litter Control Act (Gibraltar)

Litter Control Act

Published: 1990-08-09

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Litter Control

1990-31

LITTER CONTROL ACT

Principal Act

Act. No. 1990-31 Commencement 9.8.1990

Enactment 30.5.1990

Assent 14.6.1990

Amending enactment

Relevant current

provisions

Commencement

date

L.N. 1991/023 Sch. 1 31.1.1991

Act. 1991-09 s. 4(e), 5(7), Sch. 2 9. 5.1991

1992/010 Sch. 2 (1) and (2) 13. 2.1992

1993/119 Sch. 2 8. 7.1992

Act. 1993-19 ss.2, 5, 8, 9, 10 and Sch. 2 10. 1.1994

2007-17 ss. 4, 6(5) 14.6.2007

LN. 2013/078 Sch. 1 & 2 23.5.2013

2015/046 Sch. 1 19.3.2015

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ARRANGEMENT OF SECTIONS.

1. Title and Commencement.

2. Interpretation.

3. Appointment and powers of litter authorities.

4. Regulations.

5. Leaving litter.

6. Fixed Penalty notices.

7. Litter Control Areas.

8. Duty in respect of designated land.

9. Summary proceedings, by litter authority.

10. Summary proceedings, by persons aggrieved.

11. Consequential Amendments.

Schedules.

Schedule 1 Authorities.

Schedule 2 Penalties.

AN ACT TO PROVIDE FOR THE APPOINTMENT OF LITTER

AUTHORITIES, THE CREATION OF THE OFFENCE OF LEAVING

LITTER AND THE DESIGNATION OF LITTER CONTROL AREAS

TOGETHER WITH MATTERS INCIDENTAL AND ANCILLARY

THERETO.

Title and commencement.

1.(1) This Act may be cited as the Litter Control Act, 1990.

(2) The provisions of this Act shall come into operation on such day as

the Governor may by notice in the Gazette appoint and different days may be

so appointed for different purposes.

Interpretation.

2. In this Act, unless the context otherwise requires,–

“authorized officers” shall have the meaning given to it in section 3(3);

“dangerous litter” means litter which, by reason of its size, volume, nature

or the place in which it has been thrown down, dropped or

deposited, could constitute an obstruction or a danger or a health

hazard;

“free public open places” shall have the meaning given to it in section

5(4);

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“litter” means anything whatsoever if it is thrown down, dropped or

otherwise deposited in, into or from any place being a free public

open place or a litter control area;

“litter authority” means any person specified in accordance with section

3(1), and Schedule 1;

“litter control area” means an area designated under section 7(3);

“notice” means the notice provided for in section 6(2).

Appointment and powers of litter authorities.

3.(1) The Government may by notice in the Gazette appoint as a litter

authority any of the bodies specified in Schedule 1 to this Act.

(2) The powers of a body appointed by virtue of sub-section (1) shall be

such of the powers provided for by this Act as are specified in the notice of

appointment, and may include the power to instigate criminal proceedings by

the issue of summonses in the Magistrates’ Court for breaches.

(3) The officers of a body appointed by virtue of sub-section (1) shall be

authorized officers –

(a) for the purposes of exercising the powers of that body as

specified in accordance with sub-section (2);

(b) for the purposes of section 6.

(4) The Government may delegate the discharge of any of its functions

under sections 5 or 7 to a body appointed by virtue of sub-section (1).

Power to make regulations.

4. The Government may make all such regulations as are necessary generally

for carrying into effect this Act, and in particular but without prejudice to the

generality of the foregoing, may make regulations for all or any of the

following purposes –

(a) amending Schedules 1 and 2;

(b) prescribing forms and notices for the purposes;

modification as appears necessary, to any description of animal

droppings ;

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(d) prescribing where necessary procedures to be followed for the

purposes of achieving the object of this Act;

(e) prescribing the grounds on which any appeal provided for under

this Act may be made.

Offence of leaving litter.

5.(1) If any person throws down drops or otherwise deposits in, into or

from any place to which this section applies, or leaves anything whatsoever

in such circumstances as to cause, or contribute to, or tend to lead to, the

defacement by litter of any place in the open air to which this section applies,

he shall, subject to sub-section (2), be guilty of an offence.

(2) No offence is committed under this section where the depositing or

leaving of a thing was –

(a) authorized by law; or

(b) done with the consent of the owner, occupier or other person or

authority having control of the place in or into which that thing

was deposited.

(3) This section applies to the following places –

(a) any free public open place;

(b) any place on land designated as a litter control area.

(4) In this Act–

“free public open place” means a place in the open air to which the public

are entitled or permitted to have access without payment ; and–

(a) any covered place open to the air on at least one side and

available for public use;

(b) any road as defined in section 2 of the Traffic Act,

shall be treated as a free public open place.

(5) A person who is found guilty of an offence under this section, shall

be liable on summary conviction to a fine of an amount provided for in

Schedule 2.

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(6) The Government with a view to promoting the abatement of litter,

may take such steps as it thinks appropriate for making the effect of sub-

section (5) known to the public.

(7) Where a person has been –

(a) reported with a view to being prosecuted in respect of an

alleged offence under sub-section (1); or

(b) given a notice in accordance with section 6(1),

the litter authority may, where it considers it necessary in the interests of the

neighbourhood and having first given such person the opportunity within a

period specified in writing by the litter authority of removing such litter as is

the subject of the report referred to in paragraph (a) or the notice referred to

in paragraph (b) as the case may be, remove or cause to be removed the said

litter, and such person who either –

(a) is convicted of an offence under sub-section (1); or

(b) pays the fixed penalty specified in the notice under section 6(1),

in respect of the said litter, shall be liable to the litter authority for the cost of

such removal, which may be recovered as a civil debt.

(8) The provisions of this section shall apply to dangerous litter as they

apply to litter

Fixed penalty notices for depositing or leaving litter.

6.(1) Where on any occasion an authorized officer of a litter authority finds

a person whom he has reason to believe on that occasion is committing or

has committed an offence under section 5, he may give that person the

prescribed notice offering him the opportunity of discharging any liability to

conviction for that offence by payment of a fixed penalty.

(2) Where a person has been given a notice under this section in respect

of an offence –

(a) no proceedings shall be instituted for that offence before the

expiration of fourteen days following the date of the service of

that notice; and

(b) he shall not be proceeded further against for that offence if he

pays the fixed penalty before the expiration of that period.

(3) In subsections (1) and (2)–

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“proceedings” means any criminal proceedings in respect of the act or

omission constituting the offence specified in the notice under sub-

section (1), and

“convicted” shall be construed in like manner.

(4) 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) a reference to the section of the Act, or, as the case may be, the

regulation creating the offence ;

(b) the period during which, by virtue of sub-section (2),

proceedings are not to be taken for the offence ;

(d) the address of the Clerk of the Magistrates’ Court to whom the

fixed penalty shall be paid ;

and, without prejudice to payment by any other method, payment of the fixed

penalty may be made by pre-paying and posting to that person at that address

a letter containing the amount of the penalty (in cash or otherwise).

(5) The form of notices under this section, shall be such as the

Government may by regulation prescribe.

(6) The fixed penalty payable in pursuance of a notice under this section,

shall be the amount specified for this purpose in Schedule 2 to this Act, and,

with respect to the sums received by the Clerk of the Magistrates’ Court,

those sums shall be paid to any authority specified for this purpose by notice

under section 3 (1) above.

(7) In any proceedings, a certificate which –

(a) purports to be signed by or on behalf of the Clerk of the

Magistrates’ Court ; and

(b) states that payment of a fixed penalty was or was not received

by a date specified in the certificate, shall be conclusive

evidence of the facts stated.

Litter control areas.

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7.(1) The Government may by order prescribe descriptions of land which

may be designated under sub-section (2) as, or as part of, a litter control

area.

(2) The power of the Government to prescribe descriptions of land under

sub-section (1) above, includes power to describe land by reference to the

ownership or occupation of the land with the activities carried on on it.

(3) Any litter authority may, in accordance with the following provisions

of this section, by notice in the Gazette, designate any land to which sub-

section (1) applies as, or as part of a litter control area.

(4) No notice under sub-section (3), designating any land shall be made

unless the authority is of the opinion that, by reason of the presence of litter

or refuse, the condition of the land is, and unless they make a designation

order, is likely to continue to be, such as to be detrimental to the amenities of

the locality.

(5) The authority proposing to issue a designation notice in relation to

any land, shall –

(a) notify persons who appear to the authority to be persons who

are affected by the proposed order;

(b) give such persons an opportunity to make written

representations about the proposed designation notice within

the period of seven days beginning with the service of the

notice; and

decision.

(6) A designation notice issued under sub-section (3), shall identify the

land to which it applies and shall be in the prescribed form.

Duty to keep designated land clear of litter.

8.(1) It shall be the duty of the occupier or in the absence of an identifiable

occupier, the owner of any relevant land within a litter control area to ensure

that the land is, so far as is practical, kept clear of litter and refuse.

(2) In determining what is required, as respects any description of land,

for compliance with sub-section (1), regard shall be had to the character and

use of the land as well as measure which are practicable in the circumstances.

(3) For the purposes of this section–

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“relevant land” is land within a litter control area to which the public are

entitled or permitted to have access with or without payment.

(4) The provisions of this section shall apply to dangerous litter as they

apply to litter.

Summary proceedings by litter authorities.

9.(1) Where a litter authority is satisfied that land designated under section

7(3) is defaced by litter or refuse or that defacement of it by litter or refuse is

likely to recur, the authority may serve a notice (a “litter abatement notice”)

imposing either the requirement or the prohibition or both the requirement

and the prohibition specified in sub-section (2).

(2) The requirement and prohibition referred to in sub-section (1) are as

follows, namely –

(a) a requirement that the litter or refuse be cleared within a time

specified in the notice;

(b) the prohibition on permitting land to be defaced by litter or

refuse.

(3) The litter abatement notice shall be served on the occupier or in the

absence of an identifiable occupier, the owner of the land.

(4) The person served with the notice may appeal against the notice to

the Magistrates’ Court within the period of seven days beginning with the

date on which the notice was served.

(5) If a person on whom a litter abatement notice is served without

reasonable excuse, the proof whereof shall lie with that person, fails to

comply with or contravenes the requirement or prohibition imposed by the

notice, he shall be guilty of an offence and liable on summary conviction to a

fine not exceeding the amount specified for this purpose in Schedule 2

together with a further fine of an amount equal to one twentieth of that

specified amount for each day on which the offence continues after the

conviction.

(6) Where a litter abatement notice has been served and the person on

whom it was served has failed to comply with it, the litter authority may,

where it considers it necessary in the interests of the amenities of the

neighbourhood, remove the litter or refuse in respect of which the notice was

issued and any person subsequently convicted under sub-section (5) in

respect of that litter or refuse shall be liable to the authority for the

reasonable cost of such removal.

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(7) The provisions of this section shall apply to dangerous litter as they

apply to litter.

Summary proceedings by persons aggrieved by litter.

10.(1) The Magistrates’ Court may act under this section on a complaint

made by a person on the grounds that he is aggrieved by the defacement by

litter or refuse of any land designated as a litter control area under section

7(3).

(2) Proceedings under this section shall be brought against the person

who has the duty to keep the land clear under section 8 (1).

(3) Before instituting proceedings under this section against any person,

the complainant shall give to the person not less than seven days written

notice of his intention to make the complaint and the notice shall specify the

matter complained of.

(4) If the Magistrates’ Court is satisfied –

(a) that the land in question is defaced by litter or refuse; and

(b) that the defacement is such as to constitute a nuisance or to be

prejudicial to health or detrimental to the amenities of the

locality, the Court may make an order (“a litter abatement

order”) requiring the defendant to clear the litter or refuse away

within such time as shall be specified in the order.

(5) A person who without reasonable excuse, the proof whereof shall be

with that person, fails to comply with any litter abatement order, shall be

guilty of an offence and liable on summary conviction to a fine not exceeding

the amount specified for this purpose in Schedule 2 to this Act, together with

a further fine of an amount equal to one twentieth of that specified amount

for each day on which the offence continues after conviction.

(6) Where the Magistrates’ Court is satisfied on the hearing of a

complaint under this section –

(a) that, when the complaint was made to it, the land in question

was defaced by litter or refuse ; and

(b) that there were reasonable grounds for bringing the complaint,

the Court shall order the Defendant to pay such reasonable sum to the

complainant as the Court may determine in respect of the expenses incurred

by the complainant in bringing the complaint and the proceedings before the

Court.

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(7) The provisions of this section shall apply to dangerous litter as they

apply to litter.

Consequential amendments.

11. (1) The Public Health Act is amended–

(a) in section 60(1), by omitting from the definition of “refuse

storage accommodation” the word “house”;

(b) in section 67(1) –

(i) by omitting the figure “£400” and substituting therefor

the figure “£200” ;

(ii) by omitting the figure “£20” and substituting therefor the

figure “£100”;

(iii) by omitting the figure “£40” and substituting therefor the

figure “£200”;

(i) by inserting after the word ‘‘metal,” the word ‘‘wood,”;

(ii) by omitting the coma after the words “(including organic

matter)” and the words “but does not include material

accumulated for or in the course of any business ;”;

(d) in section 69 by –

(i) inserting the figure “(1)” before the words “A person

who”;

(ii) omitting the figure “£100” and substituting therefor the

figure “£1,000”;

(iii) omitting the figure “£200” and substituting therefor the

figure “£2,000” ;

(iv) inserting before the final full stop the words “and in either

case to a further fine of £200 for every day on which the

offence has continued”;

(v) inserting a new subsection as follows–

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“(2) Where it appears to the Government that, a person having been

convicted of an offence under sub-section (1), anything falling within

paragraphs (a) or (b) of that sub-section remains so abandoned, and it was in

respect of the abandonment of such thing that the person was convicted, the

Government may without the need of notice or further notice, take such

steps for removing any such thing as it considers necessary in the interests of

the amenities of the neighbourhood and may recover from the person

convicted under sub-section (I) above, as a debt due by him to the Crown,

the Government’s reasonable expenses of so doing.”;

(e) in section 258 –

(i) by omitting paragraph (a) thereof and redesignating

paragraph (b) as (a), and paragraph (c) as (b);

(ii) by omitting the figure “£100” and substituting therefor

the figure “£500”;

(iii) by omitting the figure “£200” and substituting therefor

the figure “£1,000”.

(2) The Traffic Act is amended by repealing section 100 and replacing it

with the following new section –

“100. Penalties.

(1) A person convicted of an offence under this Act for which no special

penalty is provided, is liable on summary conviction in the case of the first

offence to a fine of £50, and in the case of a second or subsequent conviction

to a fine of £100 or to imprisonment for three months.

(2) A person convicted of an offence under paragraph 18A of the Traffic

(Parking and Waiting) Order is liable on summary conviction in the case of a

first offence to a fine of £200 and in the case of a second or subsequent

conviction to a fine of £1,000 or to imprisonment for three months.”.

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SCHEDULE 1

section 3.

Litter authorities.

The following bodies are specified for the purposes of section 3 of the Act-

The Chief Environmental Health Officer;

The Chief Fire Officer;

The Collector of Customs;

The Commissioner of Police or any person nominated by him;

Persons appointed under section 87 of the Traffic Act.

The Chief Executive Officer 1 of the Department of the Environment or any

person nominated by him.

____________________

SCHEDULE 2.

section 5, 6, 9 and 10

Fines and fixed penalties.

1. A person convicted of an offence under section 5(5) of this Act shall be

liable–

(a) where the offence relates to dangerous litter, to a fine at level 4

on the standard scale;

(b) where the offence relates to litter, to a fine at level 3

on the standard scale,

and to pay such amount as the court is satisfied is equivalent to any cost

which the Government has actually incurred in the removal of the litter.

2. A person convicted of an offence under section 9(5) or section 10(5) of

this Act shall be liable–

1 Corrected by implication of corrigendum2014/098 to LN. 2014/082

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(a) where the offence relates to dangerous litter, to a fine at level 5

on the standard scale;

(b) where the offence relates to litter, to a fine at level 4 on the

standard scale,

and to pay such amount as the court is satisfied is equivalent to any cost

which the Government has actually incurred in the removal of the litter

3. The amount specified in respect of the fixed penalty notice issued under

section 6 of this Act, is–

(a) where the fixed penalty notice relates to dangerous litter, is

£250;

(b) where the fixed penalty notice is issued in respect of litter, is

£70.