WILTSHIRE Council is planning on hitting fly-tippers with the maximum penalty following changes to Government legislation.
Strengthening its response to environmental crime, the council plans to hand those dumping rubbish in the county with an on the spot fixed penalty notice (FPN) of up to £5,000.
The new regulations have seen the maximum FPN for fly-tipping increase from £1,000 to £5,000 and the maximum penalty for littering from £500 to £750.
The new powers are due to come into force on September 1, with local authorities able to decide the level of FPN issued based on the seriousness of the offence.
Wiltshire Council will be among the first authorities in the country to implement the higher fixed penalties as they propose to adopt the maximum available penalties and introduce a new framework that links fines to the environmental harm caused and the offender’s level of culpability. The most serious cases would continue to be considered for direct prosecution.
The council already investigates fly-tipping incidents using evidence gathered from waste, witness statements and surveillance operations, and is increasing the use of cameras at known hotspot locations to help identify offenders.
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Fly-tipping in Wiltshire. Picture: Wiltshire Council
Councillor Martin Smith, Wiltshire Council Cabinet Member for Highways, said: “We are very active in tackling fly-tipping and where we have enough evidence, we always issue the maximum penalty available or, for larger incidents, take the perpetrators to court.
“However, whenever we promote this action, there are always calls from the public for the fines to be higher to provide a real deterrent. Unfortunately, until now we could only fine fly-tippers up to £1,000, but that will now change, with FPNs of up to £5,000 or direct prosecution for the most serious offences.
Under the proposed arrangements, fines for fly-tipping would be determined using a harm and culpability matrix, ensuring penalties are proportionate, consistent and transparent. Most fly-tipping offences are expected to attract penalties ranging from £2,500 to £5,000, depending on the circumstances of the offence.
The council is also proposing a 50% discount for offenders who pay their FPN within 21 days. Payments made between days 22 and 28 would require the full penalty amount to be paid.
Fly-tippers dumped this in Purton. Picture: Wiltshire Council
Income received from FPNs is ringfenced by law and can only be used for environmental enforcement resources, investigations, waste removal and land restoration activities. It cannot be used for other council services.
Cllr Martin Smith added: “Fly-tipping is a selfish and illegal act that blights our communities, damages the environment and costs taxpayers money to clear up. These new powers will give us a stronger deterrent against environmental crime and send a clear message that Wiltshire will not tolerate fly-tipping.
“By increasing penalties for those who break the law, while continuing to invest in education, surveillance and enforcement, we can help reduce environmental crime and hold offenders accountable for their actions.
“This supports the priorities set out in Our Wiltshire Plan, including our commitment to protect and enhance Wiltshire’s natural environment and create cleaner, safer communities for everyone.”
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