Fly-tipping: Barnet

Department for Environment, Food and Rural Affairs written question – answered at on 13 February 2020.

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Photo of Matthew Offord Matthew Offord Conservative, Hendon

To ask the Secretary of State for Environment, Food and Rural Affairs, what powers the London Borough of Barnet has to search and seize vehicles suspected of fly-tipping.

Photo of Rebecca Pow Rebecca Pow The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

Tackling fly-tipping is a Government priority. It blights local communities and the environment wherever it occurs. As such, we have given waste collection authorities such as the London Borough of Barnet the power to enable them to search and or seize vehicles that they suspect have been involved, are involved or are about to be involved in fly-tipping and other waste crimes.

In accordance with the provisions of the Environmental Protection Act 1990, an authorised enforcement officer from a waste collection authority may search and seize any vehicle (and its contents) that the enforcement officer reasonably believes:

  • has been used to commit certain waste crimes, including fly-tipping (which is an offence under section 33(1) of the Environmental Protection Act 1990) where proceedings for that offence have not yet been brought against any person; or
  • is being used or is about to be used to fly-tip (or to commit certain other waste crimes).

In addition, under section 6 of the Control of Pollution (Amendment) Act 1989, a magistrate may issue a warrant to the police to seize a vehicle if there are grounds for believing that an offence under section 33 of the Environmental Protection Act 1990 has been committed.

In the event a vehicle is seized as above, it must be dealt with in accordance with the Control of Waste (Dealing with Seized Property) England and Wales) Regulations 2015.

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