Fly Tipping

What is fly-tipping?

Fly-tipping is the illegal dumping or disposal of waste by those who do not hold a valid licence to do so. Often, fly tipping occurs in quiet, unauthorised areas where the perpetrators are less likely to be seen or caught. Although, more recently we have seen almost daily reports in the news of instances where perpetrators as becoming increasingly blatant, with illegal dumping occurring in several beauty spots across the South.

Is fly-tipping an offence?

Fly-tipping is absolutely an offence. Under the Environmental Act 1990, someone who commits this crime can be prosecuted, whether disposing of commercial or domestic waste. According to the law, a person would be fly-tipping if:

• Waste is deposited on a piece of land without a waste management licence
• Waste is allowed to be deposited on a piece of land
• Waste is caused to be deposited on a piece of land
• Waste is retained, treated or disposed of by someone who does not hold a valid waste management licence
• Waste is retained, treated or disposed of in a way which is harmful to the health of humans or ways which are likely to damage the environment or cause pollution

What to do if someone has fly-tipped on your land

It may seem more than a little unfair, however, if you find that a fly-tipping offence has been committed on your land then it is your responsibility as the landowner to safely dispose of the waste and pay the costs associated for doing so. However, there are a few things you must do both before and after you deal with the abandoned waste.

Clearing fly-tips

• Do not touch or look through the waste that has been dumped, as it could contain hazardous waste
• Ensure that the waste cannot be touched or interfered with by passersby
• If you see hazardous waste, such as pesticides or what looks to be asbestos, hire a specialist hazardous waste removal company to dispose of the waste safely and responsibly. L&S can assist with the safe collection and disposal of hazardous waste if required
• However, if it appears to be general waste then L&S can provide prompt and reliable caged van, waste collection services and professional site clearance services, ensuring your land is free from waste once again
• Ensure that any waste removal firm is a licensed and registered waste carrier. To check, contact the Environment Agency

Next steps

It’s important that the incident is reported to either your local authority/council or the Environment Agency. However, it’s also important to note that they are in no way obliged to remove the waste from your property. Despite this, they can still offer guidance on the best way to remove the waste and investigate how it came to be there in the first place.

What is the penalty for fly-tipping?

How to prevent fly-tipping on your land

As previously mentioned, unfortunately, the responsibility to clear the land lies with its owner. To prevent offenders from fly-tipping on your property, follow these simple steps:

• Ensure roadside gateways are gated or blocked by other obstacles, such as large logs or visible wire. If access isn’t required on a regular basis you may also want to consider installing L&S Barrier Blocks at the entrance to your site
• Ensure all gates are closed and locked when not in use
• Improve visibility around the area. Trim back hedges and cut back tree branches around your property. Fly-tippers are most likely to dispose of waste in areas where they cannot or are least likely to be seen
• Install or improve the lighting around your property to make the perimeter more visible
• Try installing security cameras, pointing onto the areas that are most likely to be fly-tipped on. If you’re on a budget, you can buy dummy cameras, which will trick offenders into thinking it’s fully operational and may record them in the act. This may act as a deterrent from dumping waste on or around your property