ENVIRONMENT - 13.03.2023

National Highways in a mess

Threat of prosecution. Campaigners are threatening to take National Highways to court if it does not fulfil its duty to clean up the litter-strewn motorway network. Clean Up Britain is warning that it’s “in flagrant and systemic breach of its duties” under s.89 Environmental Protection Act 1990 . The group alleges that National Highways is guilty of professional negligence, contractual amateurism and wasting public money as the duty is not fulfilled across large swathes of the motorway network.

Response. National Highways has responded by stating it regularly carries out litter picking activities across motorways at a cost of millions of pounds each year. The money spent collecting it can be better spent on improving the network.

Lesson to be learnt. Whilst it may seem unfair that National Highways is being punished for others littering the roads, anyone who is responsible for keeping land which is under their control, and to which the public has access, must keep it clean, as far as is practicable. If litter is dropped on privately owned land, it is either the owner or occupier who is held responsible for clearing this litter away.

Ensure you control any litter that is either produced by you or is contaminating land for which you are responsible. Failure to do so could result in prosecution.

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