Fly-tipping

As of 1 January 2024, Environmental Services Enforcement Officers can issue a fixed penalty notice of £500 to a person who they believe has committed an offence of fly-tipping under Section 33a of the Environmental Protection Act 1990.

The notice gives the person an opportunity of discharging any liability to conviction for the offence by paying the fixed penalty during the period of 14 days following the date of the notice. If the fixed penalty is not paid, the alleged offender will be reported to the Procurator Fiscal for consideration for prosecution.

There are no formal grounds of appeal against a fly-tipping fixed penalty notice. If you do not agree that you committed an offence then the matter can be dealt with through the Procurator Fiscal. The Procurator Fiscal, based on the evidence submitted, will then determine whether an offence has been committed and therefore whether or not a penalty should be imposed.

(Maximum penalties for fly-tipping are £40,000 fine and/or up to two years imprisonment).