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Fly-tipping fines set to double

Times Echo and Life / All News / Fly-tipping fines set to double
8 months, 17 days agoNo Comments.
18 MAR

Fly-tipping fines set to double

By timesecholife on in All News

Fines for fly-tipping within the Staffordshire Moorlands could be increased – if community leaders give the go ahead. The SMDC Community Overview & Scrutiny Panel is set to debate the proposed fine increases at their meeting on Monday, March 22.

Fines for fly-tipping within the Staffordshire Moorlands could be increased – if community leaders give the go ahead.

The SMDC Community Overview & Scrutiny Panel is set to debate the proposed fine increases at their meeting on Monday, March 22.

In a report to the panel, an SMDC representative has stated: “Occupiers of domestic properties in England have a duty to take reasonable care of the waste that they produced (the ‘household duty of care’).

Anyone who fails to comply with the household duty is liable on conviction to an unlimited fine. As an alternative to prosecution, local authorities have the power to issue a fixed penalty notice.

Currently, the fixed penalty amount is set by statute at £200 with no reduction for early payment.”

They added: “To successfully prosecute someone for fly-tipping, the authority must show that they deposited controlled waste (or knowingly caused or knowingly permitted it to be deposited) on land without authorisation.

This can be difficult to prove beyond reasonable doubt when waste containing identifiable material is found on land within the district without any witnesses to the deposit of the waste.

It is generally easier to prove that the owner of the illegally deposited waste did not comply with their duty of care and failed to transfer their household waste to an authorised person.

Increased use of this power would hopefully increase enforcement levels, discourage people from depositing waste themselves or from passing it onto unlicensed waste collection services”.

The report author further set out their recommendation as: “For the Panel to recommend that Cabinet sets the fixed penalty amount for failure to comply with the household duty of care at the maximum permitted level of £400.”

The final decision on the fines increase is set to be made by SMDC Cabinet at their meeting on March 31.

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