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Fly-tipping: down in the dumps

05 May 2023 / Neil Parpworth
Issue: 8023 / Categories: Features , Public
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Are government plans for enforcement on fly-tipping likely to have an impact? Neil Parpworth examines the scale of the fly-tipping plague
  • The scale and extent of fly-tipping in England.
  • How it is currently dealt with by local authorities.
  • Whether the government’s proposals are likely to have a positive impact on the problem.

Despite the fact that the term ‘fly-tipping’ is commonly used in everyday language, it does not appear on the statute book, and neither is it referred to in delegated legislation. According to a specialist dictionary, it amounts to ‘the illegal depositing or disposal of waste in an unauthorised manner and location’ (The Concise Lexicon of Environmental Terms). It is thus an offence to fly-tip contrary to s 33(1)(a) of the Environmental Protection Act 1990 (EPA 1990). It should be noted that an associated offence occurs where controlled waste is deposited from a motor vehicle over which the defendant has control: see s 33(5), EPA 1990.

Since those who fly-tip clearly act in an anti-social

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