The Ultimate Police Handbook
Fly Tipping - Prohibition on unauthorised or harmful deposit, treatment or disposal
Fly Tipping - Prohibition on unauthorised or harmful deposit, treatment or disposal
s.33 Environmental Protection Act 1990
Public Order
⚖️ Definition
(1) Subject to subsections (1A), (1B), (2) and (3) below and, in relation to Scotland, to section 54 below, a person shall not -
(a)deposit controlled waste or extractive waste, or knowingly cause or knowingly permit controlled waste or extractive waste to be deposited in or on any land unless an environmental permit authorising the deposit is in force and the deposit is in accordance with the licence;
(b) submit controlled waste, or knowingly cause or knowingly permit controlled waste to be submitted, to any listed operation (other than an operation within subsection (1)(a)) that-(i)is carried out in or on any land, or by means of any mobile plant, and
(ii)is not carried out under and in accordance with an environmental permit.
(c)treat, keep or dispose of controlled waste or extractive waste in a manner likely to cause pollution of the environment or harm to human health.
(1A)Paragraphs (a) and (b) of subsection (1) above do not apply in relation to a waste operation that is an exempt waste operation.
(1B)Subsection (1) does not apply in relation to any part of a waste operation that-(a)is the subject of a marine licence under the Marine and Coastal Access Act 2009; or (b)does not require such a licence by virtue of any provision made by or under section 74, 75 or 77 of that Act and does not involve the dismantling of a ship that is waste.
(2) Subject to subsection (2A) below, paragraphs
(a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the property.
(A)Subsection (2) above does not apply to the treatment, keeping or disposal of household waste by an establishment or undertaking.
(3)Subsection (1)(a), (b) or (c) above do not apply in cases prescribed in regulations made by the Secretary of State and the regulations may make different exceptions for different areas.
(4)The Secretary of State, in exercising his power under subsection (3) above, shall have regard in particular to the expediency of excluding from the prohibitions in subsection (1)-
(a)any deposits which are small enough or of such a temporary nature that they may be so excluded; (b)any means of treatment or disposal which are innocuous enough to be so excluded;
(c)cases for which adequate controls are provided by another enactment than this section.
(5)Where controlled waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle shall, for the purposes of subsection (1)
(a) above, be treated as knowingly causing the waste to be deposited whether or not he gave any instructions for this to be done.
(a)deposit controlled waste or extractive waste, or knowingly cause or knowingly permit controlled waste or extractive waste to be deposited in or on any land unless an environmental permit authorising the deposit is in force and the deposit is in accordance with the licence;
(b) submit controlled waste, or knowingly cause or knowingly permit controlled waste to be submitted, to any listed operation (other than an operation within subsection (1)(a)) that-(i)is carried out in or on any land, or by means of any mobile plant, and
(ii)is not carried out under and in accordance with an environmental permit.
(c)treat, keep or dispose of controlled waste or extractive waste in a manner likely to cause pollution of the environment or harm to human health.
(1A)Paragraphs (a) and (b) of subsection (1) above do not apply in relation to a waste operation that is an exempt waste operation.
(1B)Subsection (1) does not apply in relation to any part of a waste operation that-(a)is the subject of a marine licence under the Marine and Coastal Access Act 2009; or (b)does not require such a licence by virtue of any provision made by or under section 74, 75 or 77 of that Act and does not involve the dismantling of a ship that is waste.
(2) Subject to subsection (2A) below, paragraphs
(a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the property.
(A)Subsection (2) above does not apply to the treatment, keeping or disposal of household waste by an establishment or undertaking.
(3)Subsection (1)(a), (b) or (c) above do not apply in cases prescribed in regulations made by the Secretary of State and the regulations may make different exceptions for different areas.
(4)The Secretary of State, in exercising his power under subsection (3) above, shall have regard in particular to the expediency of excluding from the prohibitions in subsection (1)-
(a)any deposits which are small enough or of such a temporary nature that they may be so excluded; (b)any means of treatment or disposal which are innocuous enough to be so excluded;
(c)cases for which adequate controls are provided by another enactment than this section.
(5)Where controlled waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle shall, for the purposes of subsection (1)
(a) above, be treated as knowingly causing the waste to be deposited whether or not he gave any instructions for this to be done.
📋 Points to Prove
- in or on any land
- without environmental permit authorising the deposit
- deposited; or
- knowingly causes; or
- knowingly permitted
- controlled / extractive waste
- without environmental permit authorising the deposit
- deposited; or
- knowingly causes; or
- knowingly permitted
- controlled / extractive waste
⚖️ Offence Type
Summary
Either Way
Indictable
📁 Crime Recording
Not PNC Recordable
No Crime Report Required