Question to the Department for Environment, Food and Rural Affairs:

To ask Her Majesty’s Government, further to the answer by the Earl of Courtown on 8 March (HL Deb, col 1357), whether, following a successful prosecution by the Environment Agency for fly-tipping, landowners will receive recompense for costs incurred in having rubbish removed.

Where a person is convicted of an offence under section 33 of the Environmental Protection Act 1990 (the ‘fly-tipping’), section 33B (2) of that Act provides that “loss or damage resulting from the offence” in section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 specifically includes costs incurred or to be incurred by a relevant person in removing the waste deposited or disposed of in or on the land; taking other steps to eliminate or reduce the consequences of the deposit or disposal; or both.

A “relevant person” is defined for these purposes in section 33B (3) as including the occupier of the land and the owner of the land.

A court can order the person convicted of fly-tipping to pay compensation to the occupier or owner of the land in respect of costs incurred or to be incurred in removing the waste and/or associated clean-up costs. Whether a court would in any particular case make such an order will depend on the nature of the case, any other form of punishment to which the offender is to be sentenced, and the financial means of the offender to pay. Once a compensation order is made the courts have a role in enforcing that order to ensure that monies are paid. This is reflected in the sentencing guideline. The application of the guideline is a matter for the court to decide. A copy of this document will be placed in the Library.