header-logo header-logo

05 May 2023 / Neil Parpworth
Issue: 8023 / Categories: Features , Public
printer mail-detail

Fly-tipping: down in the dumps

120989
Are government plans for enforcement on fly-tipping likely to have an impact? Neil Parpworth examines the scale of the fly-tipping plague
  • The scale and extent of fly-tipping in England.
  • How it is currently dealt with by local authorities.
  • Whether the government’s proposals are likely to have a positive impact on the problem.

Despite the fact that the term ‘fly-tipping’ is commonly used in everyday language, it does not appear on the statute book, and neither is it referred to in delegated legislation. According to a specialist dictionary, it amounts to ‘the illegal depositing or disposal of waste in an unauthorised manner and location’ (The Concise Lexicon of Environmental Terms). It is thus an offence to fly-tip contrary to s 33(1)(a) of the Environmental Protection Act 1990 (EPA 1990). It should be noted that an associated offence occurs where controlled waste is deposited from a motor vehicle over which the defendant has control: see s 33(5), EPA 1990.

Since those who fly-tip clearly act in an anti-social manner, it is no surprise that the government’s recently published Anti-Social

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll