Tools for Delivery and SuccessA protocol to govern the way fly-tipping is dealt with in the UK has been agreed between the Environment Agency and the Local Government Associations in England and Wales.It addresses three important aspects of tackling the problem:
A full copy of the report is available at www.environment-agency.gov.uk Flycapture is a national database designed to establish the scale and cost of fly-tipping in England and Wales. It records incidents reported by local authorities and by the Environment Agency, which manages the scheme on behalf of Defra and provides data that can be used to improve knowledge of the problem, focus resources and measure success. Find Flycapture at www.defra.gov.uk The National Fly-tipping Prevention Group (NFTPG) brings together organisations committed to tackling the problem of fly-tipping. It believes that local authorities have a crucial role to play and is keen to see them use the full range of tools and powers at their disposal. The group believes enforcement action to be a powerful deterrent to fly-tipping and is keen to build on the new legislation and powers now being introduced. The group has its own page on the Environment Agency website at www.environment-agency.gov.uk Fly-tipping Strategy is a consultation document published by Defra that gives practical advice on developing local authority strategies for tackling the problem. It can be found at www.defra.gov.uk EnforcementThe Clean Neighbourhoods and Environment Act 2005 (CNEA) allows regulators greater powers to tackle fly-tipping and enables the courts to impose tougher penalties. Penalties have been increased in England and Wales. Offenders can now be fined up to £50,000 in Magistrates’ Courts and face unlimited fines in higher courts, as well as a community punishment order and prison sentence of up to five years. Those convicted of fly-tipping offences can now be made to pay the costs of enforcement and investigation, as well as the clean-up costs. Several pieces of legislation exist to govern fly-tipping activity: Environmental Protection Act 1990 (EPA), Sections 33, 34 and 59 constitute the main legislation for England, Wales and Scotland. The local council, as the waste collection authority, may serve a legal notice on the occupier of private land where there is fly-tipping that needs to be removed or reduced. The occupier then has 21 days to appeal. If they are unsuccessful and the waste remains in place, the local authority has the power to remove it and recover costs from the land occupier or, if they can be traced, the fly-tippers themselves. If the land has no occupier and the fly-tipper cannot be traced, the local authority or the Environment Agency has the power to remove the waste. More information on legislation is available from www.idea.gov.uk |
