| Clean Neighbourhoods
and Environment Bill - Outline of Measures
The Bill:
Crime and Disorder
- ensures that local Crime and Disorder Reduction
Partnerships will take anti-social behaviour affecting
the local environment into account in developing crime
and disorder reduction strategies.
- gives local authorities new, more effective powers
to deal with alleyways affected by anti-social behaviour.
Fixed Penalty Notices (Fines)
- makes greater use of fixed penalties as an alternative
to prosecution, in most cases giving local authorities
the flexibility to set their own rates;
- gives parish councils the power to issue fixed penalties
for litter, graffiti, fly posting and dog offences;
Nuisance and Abandoned Vehicles
- gives local authorities the power to remove abandoned
cars from the streets immediately;
- creates two new offences to help local authorities
deal with nuisance parking: offering for sale two
or more vehicles, or repairing a vehicle, on the road
as part of a business.
Litter
- makes it an offence to drop litter anywhere, including
private land and rivers, ponds and lakes;
- gives local authorities new powers (litter clearing
notices) to require businesses and individuals to
clear litter from their land;
- strengthens existing powers for local authorities
to require local businesses to help clear up litter
they generate (street litter control notices);
- enables local authorities to restrict the distribution
of flyers, hand-outs and pamphlets that can end up
as litter;
- confirms that cigarette butts and discarded chewing
gum are litter.
Graffiti and fly-posting
- extends graffiti removal notices (as introduced
by the Anti-social Behaviour Act 2003) to include
fly-posting;
- improves local authorities powers to tackle the
sale of spray paints to children;
- strengthens the legislation to make it harder for
beneficiaries of fly posting to evade prosecution;
- enables local authorities to recover the costs of
removing illegal posters.
Waste
- amends provisions for dealing with fly-tipping
by:
- removing the defence of acting under employer's
instructions
- increasing the penalties
- enabling local authorities and the Environment Agency
to recover their investigation and clear-up costs
- extending provisions on clear up to the landowner
in the absence of the occupier.
- gives local authorities and the Environment Agency
the power to issue fixed penalty notices (and, in
the case of local authorities, to keep the receipts
from such penalties):
- to businesses that fail to produce waste transfer
notes
- to waste carriers that fail to produce their registration
details or evidence they do not need to be registered
- for waste left out on the streets (local authority
only)
- introduces a more effective system for stop, search
and seizure of vehicles used in illegal waste disposal;
and enabling courts to require forfeiture of such
vehicles
- introduces a new provision covering the waste duty
of care and the registration of waste carrier
- introduces a new requirement for site waste management
plans for construction and demolition projects
- repeals the divestment provisions for waste disposal
functions to provide greater flexibility for local
authorities to deliver waste management services in
the most sustainable way
- reforms the recycling credits scheme to provide
increased local flexibility to incentivise more sustainable
waste management.
Dogs
- replaces dog byelaws with a new, simplified system
which will enable local authorities and parish councils
to deal with fouling by dogs, ban dogs from designated
areas, require dogs to be kept on a lead and restrict
the number of dogs that can be walked by one person.
- gives local authorities, rather than police, sole
responsibility for stray dogs.
Noise
- reduces nuisance caused by noise by giving local
authorities to:
- deal with burglar alarms
- impose fixed penalty fines on licensed premises
that ignore warnings to reduce excessive noise levels
- gives local authorities greater flexibility in dealing
with noise nuisance.
Architecture and the Built Environment
- establishes the Commission for Architecture and
the Built Environment (CABE) on a statutory basis.
Miscellaneous
- enables local authorities to recover the costs of
dealing with abandoned shopping trolleys from their
owners
- extends the list of statutory nuisances to include
light pollution and nuisance for insects
- improves the contaminated land appeals process.
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