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London Councils supports highest fly tipping fine

  • By Gemma Kappala-R...

Fly tippers in London who are given fines should pay the highest amount possible in law, according to London Councils’ Transport and Environment Committee (TEC).

TEC supports all London boroughs that are keen to crack down on illegally dumped rubbish and is in favour of setting newly-introduced fixed penalty notices for fly tipping at £400, the upper limit agreed by central government.

The fly tipping fixed penalty notice is designed to make it easier and cheaper for councils to tackle first time fly tippers or those who dump relatively small amounts of rubbish. Councils can still prosecute repeat offenders or those responsible for fly tipping larger amounts of refuse. 

Cllr Julian Bell, Chair of London Councils’ Transport and Environment Committee, said:

“We support London boroughs in their efforts to reduce fly tipping and we are in favour of setting the fixed penalty notice amount at £400 as this sends a clear message that London does not tolerate this behaviour. Incurring a larger fine is more likely to deter people from doing it again. 

“Fly tipping blights many communities in London and can cause environmental damage. Therefore the introduction of a fixed penalty notice for committing this offence is a welcome move. Boroughs now have an option that saves the time and the expense of court prosecution.

“However boroughs will continue to take persistent offenders or people who dump large amounts of rubbish to court.”

ENDS

Notes to editors

1.    London boroughs (as waste collection authorities) can now introduce new fixed penalty notices for fly tipping, under section 33 of the Environmental Protection Act 1990. The new penalties operate in a similar way to the current fixed penalties for littering (section 88 of the Environmental Protection Act 1990). It is for boroughs to decide whether to use the penalties.

2.    These penalties have been introduced by Department for Environment, Food and Rural Affairs nationally in England, as amendments to section 33 of the Environmental Protection Act 1990. The maximum penalty possible is £400, and the minimum £150. If authorities do not specify an amount, the amount payable is £200. It is possible to offer an early payment amount of not less than £120 if the penalty is paid within 10 days. 

3.    TEC does not have the legal power to set a pan-London penalty level for flytipping. It has, however, provided a steer to member authorities of the level that it would be desirable for boroughs to adopt. Whether boroughs opt to adopt this level would be for individual authorities to determine.

4.    In June 2016 the Royal Borough of Greenwich launched a campaign to tackle fly tipping. This involves their enforcement officers issuing the new on-the-spot fixed penalty notice for flytipping of up to £400 when they have proof that an offence has been committed. They have also assigned two dedicated task forces to respond quickly to incidents and gather intelligence. The borough has also created signage that make it explicit that fly tipping is a serious offence and will be met with fines or prosecution. For more information, please visit http://www.royalgreenwich.gov.uk/news/article/711/fierce_fines_for_fly-t...

5.    The London Borough of Ealing is in the process of upping its fly tipping fines from £300 to £400.