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Waste Disposal: Fixed Penalties

Asked by Kevin HollinrakeConservativeDepartment for Environment, Food and Rural AffairsTabled Answered 2 September 2025UIN 69833

The question

To ask the Secretary of State for Environment, Food and Rural Affairs, pursuant to the Answer of 9 July 2025 to Question 64498 on Waste Disposal: Fixed Penalties, what assessment he has made of the potential implications for his Department's policies of instances of local authorities using fly-tipping powers to fine households for breaches of waste receptacle offences that would not permit a waste receptacle fine under the harm to local amenity test.

Answered by Mary Creagh

This Government has not made an assessment of the potential implications for the department’s policies of instances of local authorities using fly-tipping powers to fine households for breaches of waste receptacle offences that would not permit a waste receptacle fine under the harm to local amenity test.

The principles of the Regulators Code apply to enforcement action carried out by local authorities. This includes that regulatory activity should be carried out in a way which is proportionate, transparent, accountable and consistent.

We are seeking powers in the Crime and Policing Bill to provide statutory fly-tipping enforcement guidance to support councils to consistently, appropriately and effectively exercise existing enforcement powers.

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