§ Mr. SheermanTo ask the Secretary of State for the Environment what steps he is taking to increase the penalties for fly-tipping following the introduction of the landfill tax. [1147]
§ Mr. ClappisonWe have already taken steps to ensure that the penalties for fly-tipping are severe. The maximum penalties for waste-related offences are set out in the table:
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Offence Magistrates' court Crown court Sections 33(1)(a), (b) or (c) of the Environmental Protection Act 1990 Unlawful deposit, recovery or disposal of non-special waste Imprisonment for six months and/or a fine of £20,000 Imprisonment for two years and/or an unlimited fine Sections 33(1)(a), (b) or (c) of the Environmental Protection Act 1990 Unlawful deposit, recovery or disposal of special waste Imprisonment for six months and/or a fine of £20,000 Imprisonment for five years and/or an unlimited fine Special Waste Regulations 1996 Regulation 18 Unlawful movement of handling of special waste A fine not exceeding level 5 on the standard scale Imprisonment for two years and/or an unlimited fine Section 34(6) of the Environmental Protection Act 1990 Breach of the duty of care or Regulations on retention etc. of documents A fine of £5,000 An unlimited fine Section 1(1) Control of Pollution (Amendment) Act 1989 Unlawful transportation of waste A fine of £5,000 n/a
Offence Magistrates' court Crown court Waste Management Licensing Regulations 1994: Regulation 20(5) A fine not exceeding level 5 on the standard scale n/a Failure to register as a waste broker
§ Mr. SheermanTo ask the Secretary of State for the Environment what extra help he is proposing to make available to local authorities to counter the problem of fly-tipping following the introduction of the landfill tax. [1148]
§ Mr. ClappisonThe main security against fly-tipping is an adequate regulatory framework. Regulations implemented on 1 May 1994 introduced a new waste management licensing system. These controls, along with section 34 of the Environmental Protection Act 1990 and the associated duty of care for waste which came into force on 1 April 1992, provide a strong regulatory framework to support the tax.
The Environment Agency is the competent authority for the purposes of waste management licensing. The agency has both resources and expertise to advise on the legal and sound management of waste, to investigate offences and to carry out enforcement action. The Government's guidance to the agency on its objectives and contribution to sustainable development clarifies its role in this area. Ministers expect the agency to review procedures for preventing and handling cases of fly-tipping and to use its enforcement powers.
The duty of care, which is a self-regulating system, is an important weapon in the fight against fly-tipping since it requires that waste is passed only to a person authorised to accept it. This helps to identify the person who commits an offence, as consignments of waste can be tracked through the system of transfer notes completed by all parties involved in any waste transfer. Powers to enforce the duty are not specific to the Environment Agency, and it is open to any organisation or individual to bring a prosecution where they consider that the duty has been breached. The penalties which can be imposed for offences relating to waste are severe.
To help minimise the impact of fly-tipping, section 59 of the 1990 Act provides local authorities with the means to effect the removal of illegally deposited waste and to eliminate or reduce the consequences of the deposit. Section 59(6) and (8) provides for the reimbursement in part or in full of the costs incurred.