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Home Resources Legal Updates March 2016

New Powers to Combat Flytipping

18 March 2016

What is the new legislation:
The Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016
What is the amended legislation: The Environmental Protection Act 1990
Who does this affect: England
When does this change take place: 9th May 2016

These Regulations insert provisions into the Environmental Protection Act 1990 to allow a waste collection authority in England to issue a fixed penalty notice for a contravention of section 33(1)(a) of the Act which prohibits a person from depositing controlled waste or extractive waste in or on any land unless in accordance with an environmental permit.

This change provides local authorities with a more efficient and proportionate response to small-scale fly-tipping of waste.

The new provisions provide for a fine of not less than £150 and not more than £400 as specified by the waste collection authority, and £200 if no amount is specified.

The full text of the Regulations may be found here.
 
Source: http://www.legislation.gov.uk