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<p>Local authorities are the main enforcers of the statutory nuisance regime under
the Environmental Protection Act, 1990. The Government considers that any issues that
could be the cause of statutory nuisance, including smoke, bonfire and smells are
best dealt with at a local level. Local authorities need to be able to take account
of local circumstances when determining how best to apply the powers available to
them, such as issuing abatement orders.</p><p> </p><p>Owners of industrial, trade
and business premises are expected to use the best practicable means available to
reduce smoke, smells and fumes and other potential sources of statutory nuisance emanating
from their place of work in the first place.</p><p> </p><p>The Environmental Protection
Act 1990 also sets out clear responsibilities for local authorities with regards to
keeping land clear of litter and refuse and provides them with strong enforcement
powers to help them do this. Anyone caught littering or fly-tipping may be prosecuted
which can lead to a significant fine or even imprisonment in the case of fly-tipping. Instead
of prosecuting, councils may decide to issue a fixed penalty (on-the-spot fine). We
increased the upper limit for fly-tipping and littering fixed penalties to £1000 and
£500 respectively in July 2023 and as of 1 April 2024 councils must now reinvest income
from these penalties in enforcement and clean up.</p><p> </p><p>Additionally, we provide
guidance on how councils can discharge their duties and use their enforcement powers
and have recently consulted key stakeholders on putting our current litter enforcement
guidance on a statutory footing.</p><p> </p><p>The Secretary of State considers the
current legislation provides local authorities with the necessary powers to deal with
these types of nuisance issues.</p>
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