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Enviromental Offences

One of the most visible forms of antisocial behaviour is disrespect for the environment. This can affect the feeling of well-being in a community.

If streets are littered and public areas are covered in graffiti, this can contribute to an environment where crime takes hold and people feel unsafe.

The Act introduces measures for even greater Fixed Penalty Notices both for littering and fly tipping, and Local Authorities now have powers to issue graffiti removal notices to those responsible for street furniture, statutory transport and educational institutions.

Please scroll down for more info on environmental offences.

Environmental Offences in the Act

Environmental offences are covered in Part 6 of the Act:
 Read the Antisocial Behaviour Act

Key Documents and Links on Environmental Offences

The statutory guidance on graffiti removal includes:

• Powers of a Local Authority to serve notice about graffiti
• Graffiti removal notice
• Non-compliance with graffiti removal notice
• Cleaning surfaces
• Electrical equipment
• Access and safety
• Railways
• Ports and airports
• Dealing with repeated graffiti

 Statutory Guidance on Graffiti Removal (PDF, 244Kb)

The statutory guidance on the ban of the sale of spray pain to under 16s includes:

• Terms of the ban
• Requirement to display warning notice
• Enforcement
• Monitoring and evaluation

 Statutory Guidance on Ban on Sale of Spray Paint to Under 16s (PDF, 255Kb)

 Warning Notice Poster on the Ban on Sale of Spray Paint to Under 16s (updated October 2005) (PDF, 454Kb)

Detailed letter from Kevin Philpott, Scottish Government's Waste Regulation Team, providing guidance on fly tipping and littering:

 Letter on Part 6 ASB (Scotland) Act 2004 – Some Environmental Aspects (Word, 294Kb)

FAQs about Environmental Offences

Q. What are the new measures?

Q. At what age can a FPN be issued for littering?

Q. Can Graffiti Removal Notices be served in relation to houses or shops?

You'll find answers to your questions about Environmental Offences on the FAQs page. 

Related Topics

You may also want to read our page on Fixed Penalty Notices. The sale of spray paint is banned for under 16s. There is more information about antisocial behaviour and young people on our page about Young People.

Need more advice or guidance on environmental offences? Call the Practitioners Advice Line: