Unlawful Disposal of Waste Bill

A

BILL

TO

make the fine for the illegal deposition of waste, proportional to the clean up cost.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows –

1 - Illegal Waste Deposition Local Resolution

After section 33ZA of the Environmental Protection Act 1990 insert;

“33ZB- On the spot fines (England)

(1) Where a council officer of an English local authority reasonably believes that a person has committed an offence under section 33 (1)(a) of this act, they may serve the person a notice under this section.

(2) The notice shall be an offer to upon conditions remove any criminal liability for the actions of the person.

(3) The conditions for the immunity from criminal liability are as follows —

• (a) the first condition is that they pay a fixed fine equivalent to level 1 on the standard scale,

• (b) the second condition is that they pay for or themselves carry outwork to rectify any environmental damage caused by deposition of waste in question to begin in one week before liability under section 59 may begin to accrue.

Both conditions must be fully met to grant immunity, and condition (b) is considered to be met to the satisfaction of the council to grant the immunity.

(4) In considering if the council is satisfied with works done to rectify environmental damage the council must consider all relevant factors including but not limited to—

• (a) if there is any remaining loss of amenity for local communities;

• (b) if there is a remaining risk to human health and safety; and

• (c) if there is a remaining loss of economic utility or property value for the land for the landowner.

(5) As soon as is practicable after the notice having been issued the council should with reference to its considerations of what would satisfy it inform the individual of the work required to be done or the cost of the council doing the work to meet an obligation under (3)(b).

(6) As soon as is practicable after the person has done or caused work to be done to meet an obligation under (3)(b), the council should write to the person declaring that it is satisfied or inform the person of further steps required to attain satisfaction.

(7) Where the council and the person disagree on the work done to achieve satisfaction, the person disputes the notice, or is being evasive then the council may bring criminal proceedings under section 33.

(8) Before making a notice the council officer must ask the person their name and their address.

(9) It is an offence to give a false name or address or to refuse to give a name or address.

(10) A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(11) It is not an offence to ignore or dispute a notice but doing so may result in liability under sections 33 and 59 of the Environmental Protection Act 1990.

(12) In this section a council officer is a person so designated in writing to that effect by the local authority.

(13) In this section “Local authority” has the same meaning as the Local Government (England) Act 2015.

33ZB - Civil liability

(1) Where a person “P”, being the person who deposited waste and was served a notice under section 33ZA or 33ZB and they complied with the notice and the council is satisfied but the owner of the land “Q” is not not satisfied.

(2) “Q” may write to the council asking them to revoke the satisfaction and require more work to be done.

(3) Where the council opts to not revoke the satisfaction and require more work to be done, “Q” may bring a civil case against “P” for compensation for any detriment caused by “P” actions in depositing waste.

(4) In deciding the case the court must consider if on the place of probabilities “P” has met their obligations under section 33ZB (4).

(5) Where the court finds in favour of “Q” it shall make an order for “P” to compensate “Q” with sum equal to the financial loss caused.”

2 - Consequential Amendment to section 33

(1) In section 33 (7) for (b) substitute;

“that they took all reasonable steps to discharge the requirements to gain liability under a notice issued under section 33ZB, specifically—

(i) that they have paid the fine; and

(ii) they have rectified any environmental damage caused by the action and meets the test of subsection (4) of that section.”

(2) In section 33 (8) for “£50,000” substitute “£50,000 or the courts assessment of the clean up costs required to ensure clean up whichever is greater.”

3 - Consequential Amendment to section 73A (use of fixed penalty receipts)

(1) In section 73A, in subsection (1) before “34A”, insert “33ZB, or”.

(2) In section 73A, in subsection (2) before “34A”, insert “33ZB, or”.

4 - Extent, commencement, and short title

(1) This Act shall extend across the whole United Kingdom.

(2) The amendments made by the act do not have the have the extent as the sections in which they are made, they shall extend—

• (a) to England and Wales, and

• (b) to Scotland or Northern Ireland only subject to a motion of legislative consent.

(3) This Act shall come into force after receiving Royal Assent.

(3) This Act may be cited as the Unlawful Disposal Of Waste Act.

This Bill was submitted by u/LeChevalierMal-Fait on behalf of the Libertarian Party. The division will end on the 22nd.

This Bill amends the Environmental Protection Act 1990 at Section 33 and Section 73A.