What Is Fly Tipping?
Fly tipping is the disposing of controlled waste i.e dumping rubbish / waste on land without an environmental permit or waste management licence authorising you to do so. Also it can mean keeping or getting rid of controlled waste / rubbish in a manner likely to cause pollution of the environment or harm to human health.
Examples of waste can be house clearance waste, furniture or white goods such as freezers
There are also various rules and regulations about transferring controlled waste to authorised persons and keeping written transfer notes about waste that is transferred.
Prosecutions can be brought under the Environmental Protection Act 1990. You can go to prison for certain offences prosecuted under that act.
Who prosecutes offences of fly tipping / offences under the Environment Protection Act 1990
Most County Councils have a designed Community Protection Team and Enforcement Officers that investigate allegations of fly tipping and offences in contravention of the Environment Protection Act 1990.
For this reason prosecutions are robust and thorough. You are not typically arrested for an interview under caution but ordinarily are invited to attend for a voluntary interview under caution that can take place at your home address, in council offices or at a police station. If you are invited to attend an interview under caution then these are dealt with under the Police and Criminal Evidence Act 1984.
It is important to note that you are entitled to free and independent legal advice for any such interviews as these are conducted under caution and will be used as evidence during any further prosecution.
Legal Representation For ‘Fly Tipping’ From Waldron’s
Waldrons have a specialised and dedicated team of solicitors who can assist you through every step to defend you in investigations and prosecutions of this type. We can assist you to advice and represent you if you are charged and have to attend court in relation to any prosecution for fly tipping and for offences under the Environmental Protection Act 1991.
You may also be entitled to legal aid representation in these proceedings before the Court.
Such prosecutions are strongly pursued given the impact that fly tipping can have on the wider community. Prosecutions of this nature can be put in an emotive way to the Magistrates and can attract harsh consequences. It is extremely important therefore that your case is professionally defended before the Court to ensure the best possible outcome.
