Refuse Disposal (Amenity) Act 1978

Control of dumping E+W+S

1 Provision by local authorities for disposal of refuse. E+W

(1) It shall be the duty of a local authority to provide places where refuse, other than refuse falling to be disposed of in the course of a business, may be deposited at all reasonable times free of charge by persons resident in the area of the authority and, on payment of such charges (if any) as the authority think fit, by other persons.

(2) Any place provided by a local authority in pursuance of subsection (1) above shall either be situated within the area of the authority or, if not so situated, be reasonably accessible to persons resident in that area; and a local authority may if they think fit, without prejudice to the generality of their duty under subsection (1) above, determine that any such place shall be available for the deposit of refuse of such descriptions only as are specified in the determination.

(3) A local authority may—

(a) permit, on such terms as they think fit, the deposit at a place provided by them in pursuance of this section of refuse falling to be disposed of in the course of a business;

(b) provide plant and apparatus for the treatment or disposal of refuse deposited at such a place; and

(c) sell or otherwise dispose of any such refuse.

(4) The power of a local authority to provide places, plant and apparatus and to accept and dispose of refuse in pursuance of the foregoing provisions of this section includes power to enter into an agreement with any other person for the provision of facilities by him for the purposes of those provisions at any place under his control.

(5) No action shall lie against a local authority in respect of damage resulting from their failure to carry out their duty under this section; but if the Secretary of State is satisfied, after holding a local inquiry, that a local authority have failed to carry out that duty he may by order require the authority to take such steps for carrying it out as are specified in the order.

(6) An order under subsection (5) above shall be enforceable on the application of the Secretary of State by mandamus or, in Scotland, by proceedings under section 91 of the M1 Court of Session Act 1868.

(7) In this section—

• [F1 “local authority” means, in relation to England, the council of a county, metropolitan district or London borough and the Common Council, and]

• “refuse” includes any matter whatsoever, whether inorganic or organic.

(8) On the relevant date, for subsection (1) of this section there shall be substituted the following subsection:—

It shall be the duty of a local authority to provide places where refuse, other than refuse falling to be disposed of in the course of a business, may be deposited at all reasonable times (including at least one period of time on the Saturday or the following day of each week except a week in which the Saturday is 25th December or 1st January) free of charge by any person.”.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1 S. 1(7): definition of "local authority" substituted (1.4.1986) by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1(2), 2, 9, Sch. 6 para 4(2)

Modifications etc. (not altering text)

C1 S. 1 modified (E.W.) by S.I. 1985/1884, art. 5, Sch. 2 para. 14

Marginal Citations

M1 1868 c. 100

1 Provision by local authorities for disposal of refuse. S

(1) It shall be the duty of a local authority to provide places where refuse, other than refuse falling to be disposed of in the course of a business, may be deposited at all reasonable times free of charge by persons resident in the area of the authority and, on payment of such charges (if any) as the authority think fit, by other persons [F5 and to dispose of refuse so deposited].

(2) Any place provided by a local authority in pursuance of subsection (1) above shall either be situated within the area of the authority or, if not so situated, be reasonably accessible to persons resident in that area; and a local authority may if they think fit, without prejudice to the generality of their duty under subsection (1) above, determine that any such place shall be available for the deposit of refuse of such descriptions only as are specified in the determination.

(3) A local authority may—

(a) permit, on such terms as they think fit, the deposit at a place provided by them in pursuance of this section of refuse falling to be disposed of in the course of a business;

(b) provide plant and apparatus for the treatment or disposal of refuse deposited at such a place; and

(c) sell or otherwise dispose of any such refuse.

(4) The power of a local authority to provide places, plant and apparatus and to accept and dispose of refuse in pursuance of the foregoing provisions of this section includes power to enter into an agreement with any other person for the provision of facilities by him for the purposes of those provisions at any place under his control.

(5) No action shall lie against a local authority in respect of damage resulting from their failure to carry out their duty under this section; but if the Secretary of State is satisfied, after holding a local inquiry, that a local authority have failed to carry out that duty he may by order require the authority to take such steps for carrying it out as are specified in the order.

(6) An order under subsection (5) above shall be enforceable on the application of the Secretary of State by [F6 by proceedings under s. 45 of the Court of Session Act 1988].

(7) In this section—

• F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “refuse” includes any matter whatsoever, whether inorganic or organic.

(8) On the relevant date, for subsection (1) of this section there shall be substituted the following subsection:—

It shall be the duty of a local authority to provide places where refuse, other than refuse falling to be disposed of in the course of a business, may be deposited at all reasonable times (including at least one period of time on the Saturday or the following day of each week except a week in which the Saturday is 25th December or 1st January) free of charge by any person.”.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F5 Words in s. 1(1) inserted (S.) (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15, para. 19(2); S.I. 1992/266, art. 3

F6 Words in s. 1(6) substituted (S.) (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 19(3); S.I. 1992/266, art. 3

F7 In s. 1(7) the definition of "local authority" and the word "and" which follows it repealed (S.) (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), Sch. 15 para. 19(4); S.I. 1992/266, art.3

2 Penalty for unauthorised dumping. E+W+S

(1) Any person who, without lawful authority,—

(a) abandons on any land in the open air, or on any other land forming part of a [F2 highway][F2 road], a motor vehicle or anything which formed part of a motor vehicle and was removed from it in the course of dismantling the vehicle on the land; or

(b) abandons on any such land any thing other than a motor vehicle, being a thing which he has brought to the land for the purpose of abandoning it there,

shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F3 £100][F3 level 4 on the standard scale] or in the case of a second or subsequent conviction to a fine of an amount not exceeding [F3 £200][F3 level 4 on the standard scale] or imprisonment for a term not exceeding three months or both.

(2) For the purposes of subsection (1) above, a person who leaves any thing on any land in such circumstances or for such a period that he may reasonably be assumed to have abandoned it or to have brought it to the land for the purpose of abandoning it there shall be deemed to have abandoned it there or, as the case may be, to have brought it to the land for that purpose unless the contrary is shown.

(3) In Scotland, an offence under this section may be prosecuted in any court of summary jurisdiction within the meaning of [F4 section 307(1) of the Criminal Procedure (Scotland) Act 1995] having jurisdiction in the place where the offence was committed.

Textual Amendments

F2 S. 2(1): "road" substituted (S.) for "highway" by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 78(2)

F3 Words “level 4 on the standard scale” substituted (S.) for “£100” and “£200” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

F4 Words in s. 2(3) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 15

Modifications etc. (not altering text)

C2 S. 2(1): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

C3 S. 2(1): Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E (in relation to liability on first and subsequent convictions) applies (S.)