HC Deb 01 November 1995 vol 265 cc311-2W
Mr. Allen

To ask the Secretary of State for Transport what are the duties of Railtrack in respect of fly tipping on its land; and if he will make a statement. [39814]

Mr. Watts

The Refuse Disposal (Amenity) Act 1978 and the Environmental Protection Act 1990 contain provisions to control fly-tipping. Railtrack's duties in respect of fly-tipping on its land are no different from any other landowner, in that there is no general obligation to remove fly-tipped material. However, if the nature on location of fly-tipped material posed a risk to the safe operation of the railway or to public health and safety, appropriate measures would be taken by Railtrack.

Regarding the case of litter more generally, we are considering whether an order is needed to clarify duties under the Environmental Protection Act 1990, following transfer to Railtrack of operational railway land. As a

Road accidents Accidents at sea1 Aircraft crashes in UK airspace
Year Killed Injured Killed Injured Killed Injured
1979 6,645 3,357,789 48 36
1980 6,239 329,625 32 44
1981 6,069 326,551 57 73
1982 6,150 336,285 26 28
1983 5,618 310,679 71 37
1984 5,788 327,276 41 44
1985 5,342 320,819 77 111
1986 5,618 325,275 69 59
1987 5,339 316,070 49 27
1988 5,230 328,042 286 58
1989 5,554 347,649 72 130
1990 5,402 347,500 42 101

contractual matter, station leases granted by Railtrack already include a provision requiring the train operators to clean the stations for which they are responsible.

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