Legislation

Enforcement and Legislation

The main legislation concerning flytipping is the Environmental Protection Act 1990 (EPA 1990).

Who is responsible for what?

  • Public Land – The local authority has responsibility to investigate flytipping on public land
  • Private land – The incident should be reported through the Stopline or Online Report. The landowner is responsible for clearing the waste and the Local Authority and/or SEPA have responsibility for investigating the incident
  • SEPA are responsible for investigating hazardous waste, large scale flytipping and where waste has been deposited in or around a water course
Incident TypeSEPALocal Authority
General Litter up to a ‘bin bag’ of wasteRefer incident to Local AuthorityInvestigate possible offences and take enforcement action in line with local authority procedures.

Removal costs will be recovered from the individual responsible where possible.
Waste up to one standard waste skip load (6 m3)Refer incident to Local AuthorityInvestigate possible offences and take enforcement action in line with local authority procedures.

Should investigation not be possible due to limitation of investigatory powers liaise with SEPA to establish if further investigation possible/worthwhile.

Removal costs will be recovered from the individual responsible where possible.
Waste greater than standard waste skip load (6 m3) and/or incidents involving organised criminal activity or cross border incidentsInvestigate deposit, take action in accordance with SEPA’s enforcement policy, if supportable by the evidence.
Removal costs will be recovered from the individual responsible where possible.

SEPA emergency response. Investigate immediately.

Removal costs will be recovered from the individual responsible where possible.
Refer incident to SEPA.
Clinical, oil, drums of chemicals, hazardous waste, asbestos, hazardous waste etcSEPA emergency response. Investigate immediately.

Removal costs will be recovered from the individual responsible where possible.
Refer incident to SEPA (nothing should prevent a Local Authority from acting to prevent harm to the public/pollution)