FLY-TIPPING AND THE LAW
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• Under the Clean Neighbourhoods and Environment Act 2005, those guilty of fly-tipping become liable to pay the costs of enforcement and investigation. The act significantly increased penalties and offenders can face community punishment orders. unlimited fines and up to five years in prison.
• The act introduced Fly Capture, a method of collating the number of offences and prosecutions recorded by local authorities and the Environment Agency.
• The 1990 Environmental Protection Act made it illegal for any person to deposit controlled waste (defined as household, commercial or industrial) or knowingly permit waste to be deposited on any land unless a waste management licence is In force. This act is the most relevant to the haulage industry. It makes it an offence for anyone who is not a registered carrier of controlled waste to transport any waste in the course of business with a view to making a profit. Registration lasts for three years and costs £154 in England and Wales; £126 in Northern Ireland, and £158 in Scotland. To register, contact the relevant organisation. In England and Wales, go to the Environment Agency at www.environment-agency.gov.uk/business/sectors/ wastecarriers.aspx. In Northern Ireland, go to the Northern Ireland Environment Agency at www.ni.environment.gov.uk/ roc_application.pdf, and in Scotland go to the Scottish Environmental Protection Agency at www.sepa.org.uk You can register with any of the three authorities at www.netregs.gov.uk/ netregs/111442.aspx.
• The registration is taken on trust, but might take up to two months to complete. A registration number and certificate are issued and you must produce these if you are stopped while carrying waste. The Environment Agency does not visit operators at the time of registration, but will investigate if it receives information that a registered carrier is acting Illegally.