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Dept of the Environment

Answer

Mr. Sheerman: To ask the Secretary of State for the Environment what extra help he is proposing to make available to local authorities to counter the problem of fly-tipping following the introduction of the landfill tax. [1148] Mr. Clappison: The main security against fly-tipping is an adequate regulatory framework. Regulations implemented on 1 May 1994 introduced a new waste management licensing system. These controls, along with section 34 of the Environmental Protection Act 1990 and the associated duty of care for waste which came into force on 1 April 1992, provide a strong regulatory framework to support the tax. The Environment Agency is the competent authority for the purposes of waste management licensing. The agency has both resources and expertise to advise on the legal and sound management of waste, to investigate offences and to carry out enforcement action. The Government's guidance to the agency on its objectives and contribution to sustainable development clarifies its role in this area. Ministers expect the agency to review procedures for preventing and handling cases of fly-tipping and to use its enforcement powers. The duty of care, which is a self regulating system, is an important weapon in the fight against fly-tipping since it requires that waste is passed only to a person authorised to accept it. This helps to identify the person who commits an offence, as consignments of waste can be tracked through the system of transfer notes completed by all parties involved in any waste transfer. Powers to enforce the duty are not specific to the Environment Agency, and it is open to any organisation or individual to bring a prosecution where they consider that the duty has been breached. The penalties which can be imposed for offences relating to waste are severe. To help minimise the impact of fly-tipping, section 59 of the 1990 Act provides local authorities with the means to effect the removal of illegally deposited waste and to eliminate or reduce the consequences of the deposit. Section 59(6) and (8) provides for the reimbursement in part or in full of the costs incurred.

Secondary information

Type

Written question

Reference

1148; 284 c460W

Session

1996-97

Subjects

Enforcement Landfill Landfill tax Fly-tipping Local government Powers Pollution control Waste management Waste disposal Statutory instruments