Chapter 8 — The Legal Framework in Plain English

Under the Environmental Protection Act 1990, people and businesses that produce waste have responsibilities concerning how that waste is handled.

In simple terms, you should take reasonable steps to make sure your waste is transferred to an appropriately authorised person and handled properly.

That can include checking credentials, keeping records and retaining appropriate paperwork.

Authorities have a range of enforcement powers relating to waste offences.

Depending on the circumstances, these can include fixed penalties, vehicle seizure and prosecution.

Fly-tipping investigations can suffer from evidence gaps.

There may be no witnesses. Vehicles may be unmarked. Telephone numbers may be temporary. Dumping may take place in isolated locations.

This is why your own records matter.

A clear paper trail can demonstrate that you took reasonable precautions when choosing a waste operator.

Several measures could contribute to reducing fly-tipping: stronger penalties for repeat offenders, fairer disposal charges for small loads, targeted surveillance at known hotspots, improved intelligence sharing, public education campaigns, and easier access to legitimate disposal services.

Prevention should remain at the centre of the strategy.