UK – action on fly-tipping: government sets out new proposals

Measures to curb the blight caused by the illegal dumping of waste, known as fly-tipping, have been outlined by Local Environmental Quality Minister Alun Michael.



Speaking at an event to publish the findings of a survey of the state of England’s streets, Mr Michael gave details of two consultation exercises, starting today, which will inform the Government’s action on tackling fly-tipping. He invited everyone with an interest to contribute their views. Alun Michael commented: “Fly-tipping activity ranges from individuals who irresponsibly dispose of their domestic rubbish through lack of awareness, to organised large scale criminal activity. In the worst incidents it is not only an eyesore and an inconvenience but can pose a threat to human health.



“The Environment Agency estimates that there are around 50,000 fly-tipping incidents a year, costing individuals and public bodies up to £150 million to clear.



The first consultation seeks to develop effective joint working between the various agencies with an interest in fly-tipping prevention. Statutory directions will enhance the clarity of the roles of local authorities, dealing with small scale local incidents, and the Environment Agency, who would focus on larger scale tipping of non-hazardous waste, certain hazardous wastes, and the involvement of organised crime. The Agency would also have a role in providing strategic support and advice for local authorities.



The second consultation, the Fly-Tipping Strategy, focuses on changes to existing legislation to make it more useable and effective, and further measures that would be implemented through secondary legislation or voluntary action.



The Government’s objectives are to:

ensure better prevention, investigation, and enforcement of fly-tipping

make existing legislation more usable and effective

extend the range of powers available, to increase flexibility when dealing with fly-tippers

ensure the Environment Agency and local authorities can do their job as effectively as possible

ensure that waste producers take responsibility for having their waste legally managed

A range of measures to deal with fly-tipping is already in place. Under the terms of the Anti Social Behaviour Act 2003 local authorities will be able to stop, search and if necessary seize vehicles suspected of being used for fly-tipping. They will also have the power to investigate incidents, to help track down and prosecute those responsible.



The Act has also led to joint working between Defra, the Environment Agency and local authorities to develop a database, named Flycapture, which will collate data, provide a source of national statistics, and be used to assess the effectiveness of national and local policies.



Proposals in the Strategy to complement these powers include:

fixed penalty notices for failure to show a valid waste transfer note or waste carrier registration

higher fines of £50,000 for repeat offences convicted in a Magistrates’ court

more robust powers under the Environmental Protection Act for clearing waste from land

addressing problems associated with construction, demolition, and excavation waste

the development of research into the causes of fly-tipping, which will result in production of a comprehensive good practice guide for local authorities on pro-active ways of preventing fly-tipping