Today (20th December 2023) Councillor Iskander Jefferies, Executive Member for Culture, Delivery and Public Protection agreed a proposal that will see the fixed penalty for fly-tipping increase from £200 to £400 with effect from the 2nd January 2024. The new penalty would also apply to anyone in control of a vehicle who allows that vehicle to be used for the purpose of fly-tipping. Both matters are offences under Section 33 of the Environmental Protection Act 1990.
Everybody who produces controlled waste has a duty to ensure it is disposed of legally. To reflect this the fixed penalty for the Section 34 ‘duty of care’ offence has also been increased from £200 to £300. This would apply where someone has failed in that duty by for example allowing someone unlicenced to remove or carry waste to do so.
All money recovered from fixed penalties will be used to tackle further offending for waste related crimes.
Both matters can also be prosecuted in the criminal courts and those convicted can face unlimited fines, or in the case of offences under Section 33 up to two years imprisonment.
Enforcement in the Borough will be carried out by the Council’s Public Protection Service who investigate alleged breaches of environmental law and where appropriate issue fixed penalties or in some cases prosecute through the criminal courts.
Cllr Iskander Jefferies said, “The increase in penalties is part of a package of measures that includes public information and engagement, CCTV and of course enforcement. Our aim is to send a clear message to this involved in this criminal behaviour that we take fly-tipping and the failure to ensure your waste is disposed of correctly, very seriously. This behaviour damages our environment and leaves law abiding residents with the clean-up bill’.
‘Residents need to take steps to ensure their waste is disposed of correctly. This includes simple steps such ensuring that those you pay to remove your waste hold the relevant licences and leave the relevant documentation’.
More information can be found here on the PPP website
