Decision details

The Unauthorised Deposit of Waste (fixed penalties) Regulations 2016

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

In May 2016 amended legislation came into force, which allows for a fixed penalty notice (FPN) to be issued for the offence of fly-tipping, a contravention under section 33 (1)(a) of the Environmental Protection Act 1990 (EPA 1990).

 

That the Council introduces fixed penalty notices in accordance with section 33 (1) (a) of the EPA 1990 for small scale fly-tipping and the level of the fine is £400 with a reduced early payment of £300 if paid within 10 days.

Decision:

The Council introduce fixed penalty notices in accordance with section 33 (1) (a) of the EPA 1990 for small scale fly-tipping and the level of the fine is £400 with a reduced early payment of £300 if paid within 10 days.

Reasons for the decision:

Under Option 3 there is a lesser risk of non-payment given the early disposal incentive yet it provides a proportionate and heavy fine which should have a deterrent effect element while providing income for the authority for the district-wide problem of fly-tipping.

Alternative options considered:

The alternative could be, not to introduce the fly tipping penalties. This was rejected as the district would continue to experience unabated fly tipping problems as there is no deterrence to such unacceptable and illegal behaviour.

Report author: Trevor Kennett

Publication date: 18/01/2017

Date of decision: 17/01/2017

Decided at meeting: 17/01/2017 - Cabinet

Effective from: 26/01/2017

Accompanying Documents: