Primary legislation

Anti-social Behaviour Act 2003, s.55

Gives local authorities the powers to stop, search and seize vehicles suspected of being used to fly tip waste. They will also have powers to investigate incidents to help track down and prosecute those responsible for dumping the waste. This section is due to be commenced in 2004.

Anti-social Behaviour Act 2003, s.56

This introduces an amendment to section 92 Environmental Protection Act 1990 which will allow local authorities to enter Crown Land (other than such land occupied for military &c. purposes), and the land of statutory undertakers (save any excluded, as specified by the Secretary of State, in the national interest), where a Litter Abatement Notice has not been complied with, and clear that land of litter and then recover its costs. This section is due to be commenced in 2004.

Town and Country Planning Act 1990, s.215, 216, 217, 218, 219

If it appears to CC (a local planning authority as defined) that the amenity of part of their area or an adjoining one is adversely affected by the condition of land in their area they have a POWER to serve a notice on the owner and occupier requiring them to remedy its condition within a certain time. There is an appeals procedure. The owner or occupier may recover any expenses incurred in complying with the notice from anyone who caused or permitted the land to be in the condition that caused service of the notice.

Environmental Protection Act 1990, s.1

Transporting controlled waste without a waste carrier registration is an offence punishable by a fine of up to £5,000.

Environmental Protection Act 1990, s. 33

Fly-tipping or consigning waste to someone who the consignee knows or ought to know is going to fly-tip will be a disposal or deposit of controlled waste without a licence. Depending upon the circumstances, it may also be disposing of controlled waste in a manner likely to cause pollution of the environment or harm to human health. Fines can be up to £20,000 or six months imprisonment (or both) if convicted in a Magistrates court. If prosecuted in the Crown Court, the fine may be unlimited or two years imprisonment (up to five years if special waste is involved).

Environmental Protection Act 1990, s.34

Consigning waste to someone who fly-tips may also be a breach of the duty of care in respect of waste. The penalties for failing to comply with the duty of care is, upon conviction in a Magistrates’ Court, a maximum fine of £5,000. Upon conviction in Crown Court, the penalty is an unlimited fine. Section 34(2A) requires householders to take reasonable steps to ensure their domestic waste is passed onto authorised persons. Authorised persons include registered waste carriers and the local council.

Environmental Protection Act 1990, s.59

The DC (or London Borough Council) (a waste collection authority as defined) has the POWER to serve a notice on the occupier (where there has been a breach of s33 EPA) requiring him to remove the waste and/or eliminate or reduce the consequences of the deposit. The occupier may appeal within 21 days (the “innocent occupier“ defence).· Where the occupier fails to adhere to the notice provisions (and has not appealed), the waste collection authority may fulfil the notice requirements and recover their reasonable costs from the occupier. The WCA may act immediately in certain circumstances. The new section 59ZA allows a local authority or the Environment Agency to serve a notice on a landowner if they knowingly caused or permitted the fly-tipping.

Control of Pollution (Amendment) Act 1989, s.5

An Environment Agency officer or a constable have the POWER to stop and search a vehicle if they believe controlled waste is or has being transported without registration (although a constable must be present if the stop and search takes place on any road). See the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 (as amended). New section 5B gives local authorities and the Environment Agency ythe power to issue £300 fixed penalty notices for failure to produce waste carrier registration details.

Control of Pollution (Amendment) Act 1989, s.6

A justice of the peace has the POWER to issue a warrant to the Environment Agency for the seizure of a vehicle that was used in committing an offence under EPA 1990, s.33. An Agency officer or constable may then seize the vehicle (although a constable must be present if seizure takes place on any road).