The Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 came into force on 9^th May 2016.

These regulations introduced a new fixed penalty notice for fly tipping of waste offences under section 33 of the Environment Protection Act 1990.

The default fixed penalty amount set in the regulations is £200, however it was open to councils to set alternative rates up to a maximum of £400.

Officers were looking into a number of different deterrents and ways to address this important issue.  

Cllr Hossack MOVED and Cllr Poppy SECONDED the recommendations set out in the report be approved that:  

1.    Members agreed to set a fixed penalty amount of £400 to provide a greater deterrent to fly tipping and help towards the recovery of costs to the Council of this activity.

2.    Members do not set a reduced amount for the early payment of this fixed penalty due to the significant harm caused by fly tipping.

3.    Members delegate to the Environmental Health Manager authority to implement a scheme for the issuing of fixed penalties for the unauthorised deposition of waste.

A vote was taken by a show of hands and it was RESOLVED UNANIMOUSLY.

REASON FOR RECOMMENDATION

Fly tipping was a serious problem in Brentwood and used resources of the Authority when tips had to be cleared from public land.  It was burdensome for private land owners who were unfortunate enough to have land targeted by tippers. 

The imposition of a £400 fixed penalty for fly tipping would allow officers investigating these offences, where sufficient evidence was available, to deal with smaller scale fly tips by way of fixed penalty notices where appropriate, and in some cases avoid the need for lengthy and expensive court proceedings that could be reserved for the larger scale offence which occur.

A fixed penalty notice of £400 would deter many would be household fly tippers and leave more resources remaining for the investigation of the offences committed by a hard core of professional offenders.