25th July 2023
Penalties for fly-tipping
Fly-tipping is a criminal offence
Fly-tipping is a criminal offence, under the Environmental Protection Act 1990 and The Clean Neighbourhoods and Environment Act 2005.
The maximum fine for fly-tipping is £50,000 in a magistrates court and unlimited in the higher courts and up to 5 years imprisonment.
We, and the Environment Agency, will investigate fly-tipping on public land. We will gather evidence and, where possible, prosecute the individuals or businesses involved.
Fines and convictions for fly-tipping
As a householder, you can be issued with a £400 fine for failure of duty or prosecuted if your waste is found fly-tipped and traced back to your address.
If you don't comply you could be fined £50,000 on conviction in a magistrate’s court, or face an unlimited fine if convicted in a crown court.
Fly-tipping enforcement in Wokingham Borough
Every householder, business and landowner is responsible for the proper removal of waste from their property. This includes waste removed by any trader or contractor on your behalf. If you're having work done in your home, office or garden you should budget for responsible waste disposal, and check that your contractor is a registered waste carrier and will dispose of the waste properly.
There can also be offences committed by others before the fly-tip, such as permitting the fly-tip or causing the fly-tip, and the sanctions are the same as actually doing the fly-tipping. And if a vehicle is involved, there are offences relating to the controller of the vehicle.
- Anyone giving permission for fly-tipping to occur on land they control will be open to investigation and prosecution
- Anyone giving waste to another person for disposal without checking (a) whether that person is authorised to carry waste and (b) where the waste is going and the waste is subsequently fly-tipped, will be open to investigation and prosecution for causing the fly-tipping
Fly-tipping is often associated with dumping waste from vehicles. In this case, the person controlling the use of the vehicle, normally the registered keeper, can also be prosecuted. This means that it is possible for a prosecution to occur when only the vehicle, not the driver, is identifiable
Our enforcement officers are visiting premises to check Commercial Waste Contracts and Duty of Care Agreements. The fixed penalty for not having valid documentation for your commercial waste is £300.
Vehicle seizures and fly-tipping
Reports of vehicles used for fly-tipping are investigated by our enforcement officers. We aim to trace and prosecute the registered owner of all vehicles involved in this act.
The police and our environmental enforcement officers have the power to seize, impound and crush any vehicle used for fly-tipping. Both the driver and the owner of the vehicle can be prosecuted for the offence.
News and enforcement cases
Read the news articles below:
- 23 June 2023 - Rubbish day for rogue waste firms hit with fines
- 6 March 2019 - Wokingham trader failed to exercise duty of care with respect to waste