Penalty for fly-tipping more than doubles to £500
Posted on 16 Feb 2024
These are some of the fly-tipping sites the Council's teams have dealt with in recent times
Anyone caught fly-tipping can now receive a penalty of £500 instead of £200 after a Scottish Government increase.
This new penalty applies to anyone in North Ayrshire who is caught acting irresponsibly by not disposing of waste in the correct manner.
Illegal rubbish dumpers who blight streets, pavements, public spaces countryside and beauty spots face the new £500 penalty, which was introduced on January 1 by the Scottish Government.
The majority of local authorities offer no formal grounds of appeal against a Fixed Penalty Notice for fly-tipping – so people either have to pay the fine or take their case to court.
However, North Ayrshire Council has implemented its own appeals procedure as a sign of good practice.
Fly-tipping is the unauthorised dumping of solid or liquid waste on land or in water. It can be anything from a bag of rubbish, garden waste or an old mattress to lorry loads of building waste, asbestos and drums of chemicals.
The Council’s Streetscene officers can now issue a Notice of £500 to a person they believe has committed an offence of fly-tipping under Section 33a/34 of the Environmental Protection Act 1990.
Failure to pay a Fixed Penalty can result in action by Sheriff Officers or the Procurator Fiscal. If you are prosecuted, you may face a jail term and a fine of up to £40,000 and have a criminal record.
Vehicles used to carry out the crime may be considered for seizure.
In 2023, the Council issued 367 FPNs for littering offences - 22 for dog fouling, 250 for fly-tipping and 95 for littering.
Councillor Tony Gurney, Cabinet Member for Green Environment and Economy, said: “The Scottish Government set this new level of Fixed Penalty Notice and local authorities must enforce it.
“I sincerely hope it acts as a deterrent to anyone who is tempted to dispose of rubbish in an irresponsible manner.
“Fly-tipping isn’t just about businesses dumping commercial waste on a country road to avoid paying disposal costs – doing things like leaving additional bags of household waste next to your bins also constitutes fly-tipping.
“I would encourage everyone to be considerate, and play their part in keeping North Ayrshire tidy by putting waste where it belongs.”
The Streetscene team will issue the new £500 penalty plus a fee, which is a minimum of £114, for the removal fly-tipped items. Fly-tipping is also an offence under the Antisocial Behaviour Act 2004, and anyone who commits an offence could be referred to the Council’s Antisocial Behaviour Team.