Causeway Coast and Glens Council accepts new enforcement measures for fly tipping

At an Environmental Services Committee meeting on Tuesday, May 14, members endorsed taking up, with immediate effect, the Waste and Contaminated Land Order (Northern Ireland) (2022) which gives councils a joint responsibility with Northern Ireland Environment Agency (NIEA) to enforce two offences in relation to fly tipping.

Director of Environmental Services, Aidan McPeake, said councils will enforce provisions where the amount of fly tipping is below 20 cubic metres, which is approximately a bin lorry load , while NIEA will take the lead enforcement role if the material deposited is more than 20 cubic metres or “where there is large scale commercial operation of an unlicensed waste disposal site or when the material is deemed hazardous”.

Mr McPeake added: “The offence under Article 4 is commonly referred to as fly-tipping. If a fly tipping offence is detected by an authorised officer they may issue a Fixed Penalty Notice of between £100 and £400 with an early payment discount.”

“Article 5 of the order imposes a “duty of care” on any person who imports, produces, collects, carries, treats, or disposes of controlled waste or, as a broker or dealer has control of such waste. Anyone who fails in this duty of care commits an offence.

“Powers available under Article 5 are much broader and are more likely to involve illicit waste operations and other commercial and industrial entities, and the legislation specifies that the level for a Fixed Penalty Notice for duty of care offences will be £300 and allows Council to offer an early payment discount.”