To ask the Scottish Executive whether it will outline the existing legislation that can be used to tackle the pollution of beaches by litter from land and sea.
The Environmental Protection Act 1990 (the act) places a duty on various bodies to clear litter from their land. For many beaches the duty body is the local authority. However, as independent organisations how they fulfil that duty and with what resources is for each local authority to determine, provided they meet the standards in the Code of Practice on Litter and Refuse (COPLAR).
COPLAR provides practical guidance on the discharge of duties imposed on Scottish local authorities and other duty bodies by the act to keep specified land clear of litter and refuse.
COPLAR was published by Scottish ministers in December 2006 following a revision of the litter and fly tipping provisions of the act. COPLAR helps to explain who has a duty to clean public places, what their responsibility is, how individuals can tell if a place is clean, and what to do if you don''t think public places are of an acceptable standard in terms of litter and fly tipping.
Major amendments to the code included a greater focus on beach cleansing standards and guidance on issuing fixed penalty notices. Further information, including an electronic copy of COPLAR is available from http://www.littercode.co.uk/.
This website is operated by the independent environmental charity Keep Scotland Beautiful.
However that the duty to clean beaches extends only to above the high water mark and litter from ships and marine installations is the responsibility of the UK Government.