Carter Jonas
Carter Jonas

New rule could hit fly tippers with fixed penalties

Farmers who experience fly tipping, general littering and dogs as problems may find a new fixed penalty system is a real help.

With effect from 9 May, the insertion of a new Section 33ZA into the Environmental Protection Act 1990 allows a waste collection authority in England to issue a fixed penalty notice for fly-tipping (contravention of s.33(1)(a)).

The fine can be not less than £150 and not more than £400 as specified by the waste collection authority, and £200 if no amount is specified.

What really could help the farming community is that parish councils are able to use powers under the legislation and appoint officers able to issue fixed penalties for littering, graffiti, fly posting, and dog control offences covered by its own dog control orders.

Many farming families by tradition have long been active on their parish councils so now they can actually take part in initiatives that could control the anti-social behaviour that regularly affects them.

The new rules also make it an offence for an offender not to give details of their name and address to the officer intending to issue the fixed penalty, giving the new legislation real bite, so to speak. Anyone who fails to pay a fixed penalty can be taken to court after 14 days have elapsed and within six months of the offence.

Find out more at this link: Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 (SI 2016/334)

Tim Jones

Tim JonesFRICS

Partner - Head of Rural Division

Tim is head of the firm's Rural Division and of the Cambridge office, although he spends a considerable amount of time in London.  He has over 20 years experience in advising institutional and pri...

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