Fly Tipping

Spotlight on Fly Tipping

What is fly tipping?

Fly-tipping is the ‘illegal deposit of any waste onto land or a highway that has no licence to accept it.’ Illegal dumps of waste can vary in scale and the type of waste involved.

Tipping a mattress, electrical items or a bin bag full of rubbish in the street causes a local nuisance, and tipping household items and small-scale building or garden waste in open spaces reduces their amenity value to the community. At the other end of the scale there is a growing trend for large-scale fly-tipping which involves several truckloads of construction and demolition waste being tipped on a range of different types of land.

Why do people fly tip?

Most people fly-tip to avoid paying the disposal fee called the landfill tax. Household rubbish is already paid for through council tax, but other waste is not, and a charge is generally made to have this waste collected or to drop the waste off at a licensed site yourself.

What are the punishments?

There are several pieces of legislation relating to fly-tipping. In England, Wales and Scotland, the main legislation is the Environmental Protection Act 1990 (EPA 1990), Sections 33, 34 and 59. However, the recent Clean Neighbourhoods Act 2005 also makes some extra provision for tackling fly tipping.

The following punishments can apply:

Fly-tipping fines are up to £50,000 and/or 12 months' imprisonment in a Magistrates Court. If the case goes to the Crown Court fines are unlimited and a sentence of up to 5 years in prison can be awarded if hazardous waste is dumped. A fly tipper will be disqualified from driving.

The person found guilty of fly tipping is now liable for the costs incurred by the Council in investigating and clearing up the incident. It is an offence to permit or authorise fly-tipping on land where a Waste Management License is not held. Where fly-tipping involves the use of a vehicle, the driver can be prosecuted, as can the owner of the vehicle. The police and courts have powers to seize vehicles used for fly-tipping and either sell or dispose of them.