Council enforces higher penalties for fly-tipping in Bucks
Those caught fly-tipping in Buckinghamshire face the consequence of paying a higher penalty for their crime following changes to the law which have been adopted by the council.
Earlier this year the government increased the maximum Fixed Penalty Notice (FPN) for fly-tipping from £400 to £1,000. The penalty for Failure in Householder Duty of Care, has also been raised from £400 to a maximum of £600. This penalty relates to people who have waste removed by a third-party waste carrier. By law householders have a duty to check that the carrier they are using is legally authorised to carry out the work and will do so responsibly. If the waste they have given the carrier is found dumped illegally, the householder is deemed to have failed in their Duty of Care regarding their waste and can be liable for prosecution.
Buckinghamshire Council’s Cabinet today voted in favour of amending local policies to reflect the changes, bringing in powers to enforce the highest rate for FPNs for those caught breaking the law in this way.
FPNs are generally used for smaller scale offences and avoid court proceedings and a criminal record. However where possible the council will always seek to impose the maximum penalty and for larger scale or more serious offences the defendant may be summoned to court where fines are set by magistrates and can result in custodial sentences and costs totalling thousands of pounds.
Gareth Williams, Cabinet Member for Climate Change and Environment explained: “Where previously we have only been able to impose a Fixed Penalty Notice of £400, we can now increase that figure to £1,000. That is a lot of money to most people, and we hope it will act as a greater deterrent against fly-tipping. This further illustrates our zero-tolerance approach to fly-tipping in Buckinghamshire.”
The changes to FPN limits will apply to any new cases of fly-tipping in Buckinghamshire and will apply from Monday 18 December 2023.
Gareth added: “I would urge all householders to fully check the credentials of any waste carrier they employ to dispose of waste on their behalf. The best way to do this is to use a traceable method of payment for the service and never, ever pay cash. Make sure you use a waste carrier properly registered with the Environment Agency and pay traceably online – if that isn’t an option, find a different waste carrier.
“Rogue waste carriers almost always want cash, and if they take an online payment, it is much easier for us to detect them and seek to prosecute. If the waste is found dumped illegally and we are unable to trace the carrier, the householder may be found liable and be forced to pay an FPN or go to court.”
Buckinghamshire Council’s enforcement team uses a variety of methods to catch fly-tippers in the act. In the past year they have dealt with 68 cases, resulting in court prosecution fines and fixed penalties totalling more than £55,000. Since 2003 the team has succeeded in achieving 868 convictions resulting in a total of £1.4m in court fines and fixed penalties.
