New fly-tipping penalties come into force

Written by: Jo Gallacher | Published:
Penalties of up to £400 will now be issued

Households who fail to pass their waste to a licensed carrier could face penalties of up to £400 following new legislation coming into force this week.

Yet the new fines will be issued alongside guidance to councils to use these powers proportionately after the criminal penalties were scrapped in 2015 due to councils’ ‘over-zealous’ enforcement.

This guidance will consider whether the householder is a vulnerable person, for example due to age related ill-health or a mental or physical disability.

For the first time in five years, there was no increase in the number of fly-tipping incidents in the 2017/18 year.

Defra also clarified householders should not be charged for small scale DIY construction waste at Household Waste Recycling Centres.

Last year, councils issued 69,000 on-the-spot penalties for fly-tipping offences

Sam Corp, head of regulation at ESA, said: “The proportionate use of fixed penalty notices for householders who have failed in their ‘duty of care’, is a significant measure which should have a real impact by raising awareness of this important responsibility amongst householders.

"Government guidance suggests that householders can largely fulfil their duty of care by checking that the person taking their waste away is a ‘registered carrier’.

"So it is also encouraging that the government’s recently published Resources and Waste Strategy has recognised the need to reform the carriers, brokers, dealers regime, so that householders can actually have confidence that the registered carrier they use will act responsibly."

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