This item was published during the term of a previous administration that ended in April 2007
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Fines for fly-tippers
01/12/2003
New regulations will give local authorities extra
powers from today to take action against
fly-tippers.
Environment Minister Ross Finnie welcomed new
regulations giving local authorities the power to check
the origins of any waste.
Action under fly-tipping legislation can be
considered against anyone failing to produce required
documentation within a specified time. These
regulations extend powers already available to SEPA. By
giving this power to all local authorities there will
be an large increase in the number of officers who may
engage in enforcement.
Ross Finnie said:
"The Executive is committed to protectingScotland's environment and that includes tackling the scourge
of fly-tipping which blights our towns, cities and
countryside.
"Fly-tipping is unsightly, potentially dangerous,
harmful to our environment and it is against the
law.
"Our Partnership Agreement promised action to
strengthen local authority powers of enforcement to
tackle fly-tipping and we have now delivered on that
promise.
"These regulations will greatly increase the
chances of fly-tippers being caught. Anyone involved in
this anti-social activity should be aware that it will
not be tolerated and we are determined to tackle it
head on by increasing the powers of those tasked with
dealing with it."
These powers will apply to those fly-tipping and
those carrying waste without appropriate consents.
Anyone who can't supply a proper note to the local
authority is committing an offence. The offence is
punishable by a fine of the statutory maximum
(currently £5,000), if imposed in summary proceedings.
Proceedings may also, however, be taken on indictment,
in which case there is no limit on the fine the court
may impose.
Minister for Communities Margaret Curran
said:
"Many areas in our communities are too often ruined
by the illegal disposal of waste, which blightsScotland's landscape. Tough action is needed to tackle it.
These Regulations are an important step forward: but we are
determined to go even further. That is why the Antisocial
Behaviour Bill published last month provides for the
imposition of fixed penalties for fly-tipping, and doubles
the maximum fines available for more serious
offences."
The Environmental Protection (Duty of Care)
Amendment (Scotland) Regulations 2003 were laid before the Scottish
Parliament on November 10 and come into force
today.
A Partnership for a Better Scotland promised
action to strengthen local authority powers of
enforcement to tackle fly-tipping. The Scottish
Fly-Tipping Forum, established with funding from the
Scottish Executive, recommended that local authorities
be given power to inspect waste transfer notes.
The grant of such powers was consulted on in the
consultation paper for the Antisocial Behaviour etc
(Scotland) Bill, Putting Our Communities First, and
received strong public support.
Further measures to deal with fly-tipping are
contained in the Bill, which was published on
October 30. Proposals are to create a system of on-the-spot
fixed penalty fines for fly-tipping, similar to those for
littering, to deal with lesser offences, and to double the
maximum fines available on summary proceedings for more
serious offences.