2026-0005

A BILL FOR 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 PUBLISHING DETAILS Sponsoring Ministry/Portfolio: Ministry of Health, Environment and Sustainability Memorandum of Pursuant to the recommendations of the Beautification Task Force which was established in 2022 by the then Ministry of tourism and Transport to look at the effects of littering in the Islands, the Cabinet agreed to a reform of the penalties for littering. This Bill therefore seeks to amend the Litter Act (1997 Revision) (“the principal Act”) to- (a) increase penalties for various offences under the principal Act; (b) empower the Cabinet to make regulations creating an administrative penalty system in respect of offences; and (c) modernise some of the language of the principal Act. Clause 1 provides the short title of the legislation. Clause 1 also contains a commencement provision for the legislation. Clause 2 amends the principal Act to change the word “Law” to “Act”. Clause 3 amends section 2 of the principal Act to correct the heading of section 2. Clause 4 amends section 3 of the principal Act to increase penalties for littering in public places. It is proposed that the fine will be increased from $500 to $5000 and the period of imprisonment will increase from 6 months to twelve months. Clause 5 amends section 4 of the principal Act to increase fines for littering premises. It is proposed that the fine will be increased from $500 to $5000 and the period of imprisonment will increase from 6 months to twelve months. Clause 6 amends section 5 of the principal Act to increase fines for causing another person to contravene sections 3 or 4 of the principal Act. It is proposed that the fine will be increased from $500 to $1000 and for a second offence from $1000 to $2500. The term of imprisonment for a subsequent offence will increase from six months to twelve months. Clause 7 repeals and replaces section 6 of the principal Act to increase fines for failure to comply with a notice given by an Environmental Health Officer to remove litter from premises. It is proposed that the fine will increase from $500 to $1000 and that there will be a further fine of two hundred and fifty dollars for every day during which the failure is continued after conviction. Clause 8 amends section 7 of the principal Act to increase fines for interfering with a person exercising authority under the principal Act. It is proposed that the fine will be increased from $500 to $5000. Clause 9 amends section 8 of the principal Act by repealing and replacing subsection (2) of that section in order to increase fines for refusing to comply with a notice to remove a derelict vehicle. Clause 10 repeals and replaces section 14 in order to modernise the language of that section. Clause 10 also inserts a new section 14A to provide that the Cabinet may make Regulations to provide for an administrative fines system to apply to such offences under the legislation 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. Arrangement of Clauses Clause Repeal of section14 and substitution; insertion of section 14A - regulations; administrative Clause 1 A BILL FOR 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”. Amendment of section 2 - definitions The principal Act is amended in section 2 by repealing the section heading and substituting the following section heading — “Interpretation”. Clause 4 Amendment of section 3 - offence of littering public place The principal Act is amended in section 3(1) as follows — (a) (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) (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”. Clause 7 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 section— “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 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 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 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 officer may, without prejudice to proceedings for an offence in respect of such failure, enter the premises and remove 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(3) as follows — (a) Clause 9 (b) 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 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 officer shall, without prejudice to the officer’s right to take proceedings for a fine in respect of such failure, remove 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.”. Clause 10 Repeal of section14 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; and (b) 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 day of Speaker Clerk of the Parliament