§ Mr. LoveTo ask the Secretary of State for Environment, Food and Rural Affairs what proposals she is considering to strengthen the powers of(a) local authorities and (b) the Environment Agency in dealing with fly tipping; and if she will make a statement. [42556]
§ Mr. MeacherLocal Authorities and the Environment Agency already have wide powers to tackle fly tipping under section 59 of the Environmental Protection Act 1990. Under this Act, local authorities and the Environment Agency have the power to remove fly tipped waste and recover the cost of collection on those who committed the offence. They also have the power to prosecute the perpetrator, and successful prosecution can lead to heavy penalties including an unlimited fine and up to two years in prison.
As part of the local public service agreement initiative, some local authorities have argued that to assist their ability to combat fly tipping, they should be given the power that the Environment Agency has to require companies and individuals to provide the Agency with copies of the duty of care paperwork which these companies and individuals are required to maintain. The Government have asked the fly tipping stakeholders' forum to consider this issue and make recommendations. We are currently awaiting the forum's views.