Litter (Amendment) Act, 2026 (Act 8 of 2026)

Repeal of section 14 and substitution; insertion of section 14A - regulations; AN ACT TO AMEND THE LITTER ACT (1997 REVISION) TO INCREASE PENALTIES FOR VARIOUS OFFENCES UNDER THE ACT; TO EMPOWER CABINET TO MAKE REGULATIONS CREATING AN ADMINISTRATIVE PENALTY SYSTEM IN RESPECT OF OFFENCES; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. Short title and commencement (1) This Act may be cited as the Litter (Amendment) Act, 2026. (2) This Act shall come into force on such date as may be appointed by Order made by the Cabinet. General amendments to the Litter Act (1997 Revision) The Litter Act (1997 Revision), in this Act referred to as the “principal Act”, is amended by deleting the word “Law” wherever it appears and substituting the word “Act”. I Assent, Jane Owen Governor Date: 19th March, 2026 Amendment of section 2 - definitions The principal Act is amended in section 2 as follows — (a) by repealing the section heading and substituting the following section heading — “Interpretation”; (b) by inserting before the definition of the words “derelict vehicle” the following definition — “ “constable” has the meaning assigned by section 2 of the Police Act (2021 Revision);”; by deleting the definition of the words “derelict vehicle” and substituting the following definition — “ “derelict vehicle” means a vehicle designated as such by Regulations made under this Act;”; (d) by inserting after the definition of the words “derelict vehicle” the following definition — “ “enforcement officer” means — (a) a constable; and (b) an Environmental Health Officer appointed under section 3 of the Public Health Act (2026 Revision);”; (e) by deleting the definition of the word “officer”; and (f) by inserting in the appropriate alphabetical sequence, the following definitions — “ “public place” means a place to which the public has access — (a) as of right, without payment; (b) upon payment; or upon invitation, express or implied, and includes commercial property to which persons attending for commercial purposes are allowed access by the owner of those premises, upon payment of a fee or not; and “vehicle” has the meaning assigned by section 2 of the Traffic Act (2026 Revision).”. Amendment of section 3 - offence of littering public place The principal Act is amended in section 3(1) as follows — (a) by deleting the words “is guilty of an offence” and substituting the words “commits an offence”; and (b) by deleting the words “liable on conviction to a fine of five hundred dollars or to imprisonment for six months” and substituting the words “is liable on summary conviction to a fine of five thousand dollars or to imprisonment for twelve months”. Amendment of section 4 - offence of littering premises The principal Act is amended in section 4 as follows — (a) by deleting the words “is guilty of an offence” and substituting the words “commits an offence”; and (b) by deleting the words “liable on conviction to a fine of five hundred dollars or to imprisonment for six months” and substituting the words “is liable on summary conviction to a fine of five thousand dollars or to imprisonment for twelve months”. Amendment of section 5 - general as to offences against section 3 or 4 The principal Act is amended in section 5 as follows — (a) in subsection (1) — (i) by deleting the words “is guilty of an offence” and substituting the words “commits an offence”; and (ii) by deleting the words “liable on conviction to a fine of five hundred dollars” and substituting the words “is liable on summary conviction to a fine of one thousand dollars”; and (b) in subsection (2) — (i) by deleting the words “liable to a fine of one thousand dollars” and substituting the words “is liable on summary conviction to a fine of two thousand five hundred dollars”; and (ii) by deleting the words “six months” and substituting the words “twelve months”. Repeal of section 6 and substitution - officer shall enforce removal of litter The principal Act is amended by repealing section 6 and substituting the following “Enforcement officer shall enforce removal of litter 6.(1)Without prejudice to any proceedings for an offence committed under section 4 or under any other law, where litter is left or caused to be kept in or on any premises in such circumstances as to cause, contribute to or tend to the defacement of the premises by such litter, an enforcement officer shall give notice, either orally or in writing, to — (a) the person who left the litter or caused the litter to be left; or (b) the owner or occupier of the premises, requiring the person — (i) forthwith in the case of dead animals, carrion or other litter considered by the enforcement officer to be dangerous to health or life; and, (ii) in any other case, within such time as may be limited by the notice not being less than three days, to remove the litter so as to restore the premises to a condition satisfactory to the enforcement officer. (2) A notice in writing may be served on a person either personally, by being sent by post to the person’s last known business or private address, or it may be posted on a conspicuous position on the premises on which the litter has been left. (3) A person who fails to comply with the requirements of a notice under subsection (1) commits an offence and liable on summary conviction — (a) to a fine of one thousand dollars; and (b) to a further fine of two hundred and fifty dollars for every day during which the failure is continued after conviction, and an enforcement officer may, without prejudice to proceedings for an offence in respect of such failure, enter the premises and remove, or direct the removal of, the litter so left or caused to be left, and may recover summarily, as a civil debt, from the person in default the expenses reasonably incurred in so doing.”. Amendment of section 7 - power to enter premises The principal Act is amended in section 7 as follows — (a) by deleting the word “officer” wherever it appears and substituting the words “enforcement officer”; and (b) in subsection (3) as follows — (i) by deleting the words “is guilty of an offence” and substituting the words “commits an offence”; and (ii) by deleting the words “liable on conviction to a fine of five hundred dollars” and substituting the words “is liable on summary conviction to a fine of five thousand dollars”. Amendment of section 8 - duty of officer to remove derelict vehicles The principal Act is amended in section 8 as follows — (a) by deleting the word “officer” wherever it appears and substituting the words “enforcement officer”; and (b) by repealing subsection (2) and substituting the following subsection — “(2) A person who fails to comply with a notice under subsection (1) commits an offence and is liable on summary conviction to — (a) a fine of one thousand five hundred dollars; and (b) a further fine of two hundred and fifty dollars for every day during which the failure is continued after conviction, and an enforcement officer shall, without prejudice to the enforcement officer’s right to take proceedings for a fine in respect of such failure, remove, or direct the removal of, the derelict vehicle so left or caused to be left, and the Crown may recover summarily, as a civil debt, from the person in default the expenses reasonably incurred in so doing.”. Amendment of section 9 - general power to remove derelict vehicles

The principal Act is amended in section 9 by deleting the word “officer” wherever it appears and substituting the words “enforcement officer”. Repeal and substitution of section 10 - disposal of removed vehicles

The principal Act is amended by repealing section 10 and substituting the following “Disposal of removed vehicles 10. (1) Subject to subsection (2), where an enforcement officer removes a derelict vehicle under this Act, the enforcement officer shall dispose of it in the manner prescribed by Regulations made under this Act. (2) If, before a derelict vehicle is disposed of by an enforcement officer under subsection (1) — (a) a person presents proof to the enforcement officer in the form and manner prescribed by Regulations made under this Act that the person is the owner of the vehicle; and (b) the person, in accordance with the Regulations made under this Act, pays any expenses incurred in respect of the removal and storage of the vehicle, the enforcement officer shall permit the person to remove the vehicle from custody during such period as may be prescribed by Regulations made under this Act. (3) Regulations made under this Act may provide for the disposal of a derelict vehicle by sale, and where — (a) an enforcement officer disposes of a derelict vehicle by causing it to be sold; and (b) before the expiration of three months from the date of the sale, a person presents proof to the enforcement officer in the form and manner prescribed by Regulations made under this Act that at the time of such sale the person was the owner of the vehicle, the enforcement officer shall cause to be paid to the person any sum by which the proceeds of sale exceed the aggregate of the expenses incurred in respect of its removal, storage and disposal.”. Amendment of section 11 - indemnity

The principal Act is amended in section 11 by deleting the word “officer” and substituting the words “enforcement officer”. Repeal of section 14 and substitution; insertion of section 14A - regulations; administrative fines system

The Cabinet may make Regulations generally for carrying this Act into effect, and such Regulations may provide, among other things, for the following — (a) the fees to be paid for the removal or storage of litter and derelict vehicles; (b) the procedures to be followed by an enforcement officer exercising powers under sections 8, 9 and 10 in relation to a derelict vehicle; the power of an enforcement officer to request relevant information from the Department of Vehicle and Drivers’ Licensing for the purposes of exercising powers under sections 8, 9 and 10 in relation to a derelict vehicle; (d) the supply by the Department of Vehicle and Drivers’ Licensing of relevant information to an enforcement officer, where requested by the enforcement officer for the purposes of exercising powers under sections 8, 9 and 10 in relation to a derelict vehicle; and (e) mandatory provision by the owner or operator of any motor vehicle of such equipment including litter baskets, bags or bins as may be considered necessary to eliminate or control littering from such motor vehicles, and may provide for a fine of one thousand dollars and imprisonment for three months for contravention of such regulations. Administrative fines system 14A.Cabinet may make Regulations to provide for an administrative fines system to apply to sections under this Act as are determined by the Cabinet and specified in the Regulations, and to provide for all matters that are necessary to be prescribed for giving effect to such system.”. Passed by the Parliament the 10th day of March, 2026. Hon. D. Ezzard Miller Speaker Twila Escalante Acting Clerk of the Parliament