Refuse Disposal (Amenity) Act 1978
| Year | 1978 |
Refuse Disposal (Amenity) Act 1978
1978 CHAPTER 3
An Act to consolidate certain enactments relating to abandoned vehicles and other refuse.
[23rd March 1978]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Control of dumping
1 Provision by local authorities for disposal of refuse.
(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 Court of Session Act 1868 .
(7) In this section—
‘local authority’ means, in relation to England, the council of a county and the Greater London 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:—
(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 (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.’.
2 Penalty for unauthorised dumping.
(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 highway, 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 100 or in the case of a second or subsequent conviction to a fine of an amount not exceeding 200 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 section 462(1) of the Criminal Procedure (Scotland) Act 1975 having jurisdiction in the place where the offence was committed.
Abandoned vehicles and other refuse
3 Removal of abandoned vehicles.
(1) Where it appears to a local authority that a motor vehicle in their area is abandoned without lawful authority on any land in the open air or on any other land forming part of a highway, it shall be the duty of the authority, subject to the following provisions of this section, to remove the vehicle.
(2) Where it appears to a local authority that the land on which a motor vehicle is abandoned as aforesaid is occupied by any person, the authority shall give him notice in the prescribed manner that they propose to remove the vehicle in pursuance of subsection (1) above but shall not be entitled to remove it if he objects to the proposal in the prescribed manner and within the prescribed period.
(3) A local authority shall not be required by virtue of subsection (1) above to remove a vehicle situated otherwise than on a carriageway within the meaning of the Highways Act 1959 if it appears to them that the cost of its removal to the nearest convenient carriageway within the meaning of that Act would be unreasonably high.
(4) In the application of subsection (3) above to Scotland, ‘carriageway’ means a way, other than a cycle track, over which the public have a right of way for the passage of vehicles.
(5) Where in pursuance of this section a local authority propose to remove a vehicle which in their opinion is in such a condition that it ought to be destroyed they shall, not less than the prescribed period before removing it, cause to be affixed to the vehicle a notice stating that the authority propose to remove it for destruction on the expiration of that period.
(6) Any vehicle removed by the council of a London borough or the Common Council under this section shall be delivered by them to the Greater London Council in accordance with such arrangements (including arrangements as to the sharing of any expenses incurred or sums received by the council and the Greater London Council under this Act) as may be agreed between the council and the Greater London Council or, in default of agreement, as may be determined by the Secretary of State.
(7) Any vehicle removed by the council of a district in England under this section shall be delivered by them to the county council in accordance with such arrangements (including arrangements as to the sharing of any expenses incurred or sums received by the district council and the county council under this Act) as may be agreed between the district council and the county council or, in default of agreement, as may be determined by arbitration.
(8) While a vehicle, other than a vehicle to which a notice was affixed in accordance with subsection (5) above, is in the custody of a local authority or the Greater London Council or the council of a county in England in pursuance of this section, it shall be the duty of that body to take such steps as are reasonably necessary for the safe custody of the vehicle.
(9) Subsections (5) and (6) of section 1 above shall apply to the duties imposed by subsections (1) and (2) above as if—
(a ) for any reference to the duty imposed by that section there were substituted a reference to the duties aforesaid; and
(b ) for any reference to a local authority within the meaning of that section there were substituted a reference to a local authority within the meaning of this section.
4 Disposal of removed vehicles.
(1) Subject to subsections (5) and (6) below, a local authority may, in such manner as they think fit, dispose of any vehicle which is in their custody in pursuance of section 3 above—
(a ) in the case of a vehicle to which a notice was affixed in accordance with subsection (5) of that section and on which no current licence was displayed at the time of its removal, at any time after its removal;
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