To ask the Secretary of State for Environment, Food and Rural Affairs what guidance has been produced by his Department and its agencies for local authorities on penalties for businesses who dispose of rubbish in municipal public litter bins. (142376)

The Government have not issued specific guidance on this matter. The Government’s role is to establish the legislative framework and to issue explanatory guidance on the legislation when it is initially introduced. It is for the relevant enforcement authorities to interpret the legislation, based on their own legal advice, and to apply it appropriately in each individual case.

The Clean Neighbourhoods and Environment Act 2005 made certain amendments to the offences in the Environmental Protection Act 1990 which cover illegal waste disposal. This includes: section 33, which is the main fly-tipping offence; section 34, which sets out the waste duty of care; and section 47 on receptacles for commercial waste. Businesses that dispose of rubbish in municipal public litter bins may be committing one of these offences, but this would depend on the individual circumstances of any given case.

DEFRA published general guidance on the Clean Neighbourhoods and Environment Act in April 2005, which has been distributed to all local authorities in England and Wales.