What is fly tipping?
Fly tipping is the illegal dumping of waste, principally in areas where it is not allowed. It involves leaving waste which someone or a company does not have a licence to accept it.
The Environmental Protection Act (EPA) 1990 prohibits the depositing of controlled waste knowingly on any land unless there is in force an existing licence.
There are defences available if you can prove that reasonable precautions and due diligence were taken to avoid the offence, or that the act was done in an emergency to avoid danger to human health, provided all practicable steps were taken to minimise pollution and the acts were reported promptly to the authorities.
These offences are taken very seriously by local authorities due to the damage they cause to the local area and the potential for disproportionate pollution of the earth and waterways that could lead to the human health chain also being affected.
The penalty will depend on whether the offence is dealt with in the Magistrates’ court, which can impose a sentence of up to 12 months’ imprisonment and/or a fine of up to £50,000, or in the Crown Court, where more serious cases may result in a sentence of up to five years’ imprisonment and/or an unlimited fine.
Implications for Landowners, occupiers and businesses
Fly‑tipping imposes direct clean‑up costs and potential liabilities on landowners and occupiers, including private landholders who generally bear the expense of removal and proper disposal. Businesses face significant compliance obligations, in particular under the duty of care to ensure waste is transferred to authorised persons and is properly described. Failure to conduct elementary checks (such as verifying carriers’ registration and keeping waste transfer notes) can undermine due diligence defences and expose organisations to prosecution. Reputational damage, supply chain disruption and insurance implications often follow convictions.
Enforcement practices
Local authorities, the Environment Agency (and the equivalents in devolved administrations) and the police share powers to investigate and prosecute. Enforcement tools include inspections, production of documents, stop and search for vehicles suspected of being used in fly‑tipping, seizure and forfeiture, interviews under caution and prosecution. Multi‑agency operations are common where fly‑tipping is linked to organised criminality.
Recent legislative and policy developments
Recent years have seen strengthened penalties, expanded powers to seize and forfeit vehicles used in fly‑tipping. There has also been an increase in the fixed penalty levels for related waste contraventions. Sentencing guidelines for environmental offences emphasise economic deterrence, requiring fines that remove financial gain.
Practical compliance measures
Organisations and landowners should implement proportionate controls, including verification of carriers’ registrations, robust waste transfer documentation, periodic audits of waste routes, contractual warranties and indemnities with waste contractors, incident reporting protocols, and prompt engagement with regulators where incidents occur. For landholders vulnerable to fly‑tipping, practical measures such as access control, surveillance, and rapid removal reduce environmental harm and secondary dumping risks.
Fly‑tipping is treated as a serious environmental crime under s.33 of the EPA 1990, capturing both direct deposit and unauthorised management of controlled waste. Liability attaches to those who knowingly cause or allow fly tipping, and penalties for either‑way offences can include unlimited fines, imprisonment, vehicle forfeiture, and confiscation. Effective compliance, demonstrable due diligence and prompt remediation are central both to prevention and to the mitigation of criminal liability and sentence. Where allegations arise, early legal advice and a thorough audit of permitting, carrier authorisation, and waste documentation are essential.
If you have received any notification from the local authority on the matters raised in this article, contact our specialist team who can help. Please email enquiries@bpcollins.co.uk or call 01753 889995.
