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How to avoid being charged in Court for breaking Fly-Tipping Laws

Anyone who produces waste has a duty of care under section 34 of the Environmental Protection Act 1990 to ensure that it is disposed of properly. Therefore a person may be guilty of an offence under section 34 if their waste has been found to be dumped, even if the dumping was carried out by someone else.


Fly-tipping is the illegal deposit of waste on land. Fly-tipping differs from littering in that it involves the removal of waste from premises where it was produced with the deliberate aim of disposing of it unlawfully, or as a result of legitimate outlets not being available.


The offence of fly-tipping, and the additional offences of ‘knowingly causing’ or ‘knowingly permitting’ fly-tipping, are set out in Section 33(1)(a) of the Environmental Protection Act 1990. Section 33 is enforceable by both the Environment Agency and the local authori

ties.


The penalties for these offences are:

Summary conviction: to imprisonment for a term not exceeding 12 months or a fine or both; and

On conviction on Indictment: to imprisonment for a term not exceeding five years or a fine or both.



When using a waste carrier you should:


• Ask them to provide you with their full name, address and phone number


• Ask to see their Waste Carrier License (Check for registered waste carriers on the Natural Resources Wales website). If they are unable to produce it, they may not be legal.


• Make sure that you receive a 'Transfer Note' (Official Receipt) from the carrier.


• Take the vehicle registration number from the carrier


• Ask for a headed receipt – a genuine company will supply one as a matter of course.


• Ask where they take your waste - a genuine company will be able to show you transfer notes from the waste recycling centre they use.



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