Clean Neighbourhoods and Environment Act 2005

Clean Neighbourhoods and Environment Act 2005

2005 CHAPTER 16

The Act

Commentary on Sections

Part 3: Litter and Refuse

Local authority notices

Section 21 Street litter control notices

83. Under sections 93 and 94 of the 1990 Act, certain principal litter authorities can prevent accumulations of litter and refuse in and around any street or open land adjacent to any street by issuing a street litter control notice. This imposes requirements on occupiers of premises to deal with litter and refuse.

84. Section 21 amends sections 93 and 94 of the 1990 Act. Subsection (1) extends the application of street litter control notices to cover also vehicles, stalls and other moveable structures used for street vending, so that mobile vendors can also be required to take steps to minimise and clear up litter and refuse on any street or open land adjacent to it that originates from their commercial or retail activities.

85. Prior to section 21 coming into force, a person only committed an offence in relation to a street litter control notice if, on an application by the authority, he failed to comply with an order of the magistrates’ court requiring compliance with the notice. This required the authority to first seek a court order for compliance where a street litter control notice is not complied with, which made it difficult and costly for the authority to enforce.

86. Subsections (2) and (3) amend this to make it an immediate offence not to comply with the requirements of a street litter control notice, thus dispensing with the requirement on the authority first to seek an order from the magistrates’ court ordering compliance.