We all know that fly-tipping is illegal and anti-social – but did you know what the possible penalties for fly-tipping are? Or that they apply to your waste even if it is dumped by someone else who you contracted to remove it? In this blog post, we will delve into the legal ramifications of fly-tipping and explain why it’s crucial to ensure your waste is disposed of lawfully.
What is Fly-Tipping?
Fly-tipping means the illegal deposit of waste on land – whether public or privately owned. It differs from littering in that the waste is removed from the premises where it was produced with the deliberate intention of disposing of it unlawfully. This can often occur because legitimate outlets for waste disposal are not available or are perceived as too costly.
Legal Framework for Fly-Tipping
The offence of fly-tipping, as well as the offences of ‘knowingly causing’ or ‘knowingly permitting’ it, are laid out in Section 33(1)(a) of the Environmental Protection Act 1990. This section can be enforced by both English local authorities and the Environment Agency.
Section 33(1)(a) Explained
- – Knowingly Causing: If you knowingly cause someone to dump waste illegally.
- – Knowingly Permitting: If you allow someone else to use your land or property for illegal dumping.
Penalties for Fly-Tipping
The penalties for fly-tipping can be severe, reflecting the serious environmental harm and public nuisance caused by this activity. The penalties vary depending on whether you are convicted summarily (in a magistrate’s court) or on indictment (in a crown court).
Summary Conviction
- – Imprisonment: Up to 12 months
- – Fine: Unlimited
- – Both: Imprisonment and a fine
Conviction on Indictment
- – Imprisonment: Up to five years
- – Fine: Unlimited
- – Both: Imprisonment and a fine
Additional Consequences for Businesses
Directors, officers, and senior employees of a business can also face imprisonment if found guilty. Furthermore, licences may be revoked if the convicted person is no longer regarded as a ‘fit and proper person’.
Vehicle Owners Beware!
A registered keeper of a vehicle can be convicted if their vehicle is used for fly-tipping. This means that even if you were not directly involved in dumping the waste, you could still face legal action if your vehicle was used in committing the offence.
Waste Duty of Care Under Section 34
Everyone who produces waste has a responsibility under Section 34 of the Environmental Protection Act 1990. This responsibility is known as the “waste duty of care”. It mandates that all producers must ensure their waste is disposed of lawfully.
Implications for Householders and Businesses
A person can commit an offence under Section 34 if their waste is found to have been dumped illegally, even if it was dumped by someone else they contracted to remove it. The duty applies universally – affecting both businesses and householders alike.
How To Comply with Your Duty of Care:
- Use Licensed Waste Carriers: Always check that anyone removing your waste has an appropriate licence.
- Keep Records: Maintain documentation such as receipts or transfer notes.
- Report Suspicious Activity: If you suspect someone might dispose of your waste unlawfully, report them immediately.
Fly-tipping poses significant environmental hazards and disrupts community well-being. The penalties for fly-tipping reflect its seriousness, ranging from hefty fines to imprisonment. Moreover, these penalties apply not only directly but also indirectly – meaning you’re responsible even if someone else dumps your waste unlawfully.
Understanding your responsibilities under Sections 33 and 34 of the Environmental Protection Act 1990 ensures you stay compliant with legal requirements while contributing positively towards environmental conservation efforts.
By adhering to these guidelines and being aware of potential penalties for fly-tipping, we can collectively work towards eradicating this harmful practice from our communities.
Martlands Skip Hire
Don’t risk a fine: use a fully licensed waste carrier. To discover more about hiring a skip, call Martlands Skip Hire on a regional number below:-
Burscough Skip Hire 01704 779345
Wigan Skip Hire 01942 417456
Bamber Bridge Skip Hire 01772 364 399
Chorley Skip Hire 01257 752399
Leyland Skip Hire 01772 364399
Maghull Skip Hire 0151 909 6399
