The term fly-tipping is used to describe the ‘illegal dumping of waste anywhere other than at an authorised landfill.’ Waste deposited onto any land that does not have a licence to accept it, is against the law.
The Problem
According to The Department for Environment, Food and Rural Affairs (Defra) a fly-tipping incident occurs somewhere in England every 35 seconds, costing authorities almost £100 a minute to clear up.
During 2007/08 there were 924 incidents of fly-tipping recorded in Torbay. The estimated total cost for clearing up after these fly-tipping offences was £71,414.
Why is fly-tipping a problem?
- It is an anti-social activity and a criminal offence.
- It is an inconvenience to private landowners.
- It looks bad and can make an area seem rundown and neglected.
- It can encourage more anti-social behaviours and crimes.
- It can make people feel uneasy or scared in their community.
- It can pose a danger to public health.
- It can damage the environment.
- It can harm wildlife and other animals.
- It undermines legitimate waste management activities.
- It is very expensive to remove.
There is no excuse for fly-tipping. Household and commercial waste items including glass, paper, cans, textiles, cardboard, plastic bottles, garden waste and bulky waste can be taken to the Torbay Recycling Centre in Paignton (also known as the Tip). For further information about the Recycling Centre visit the web page under ‘Related.
For large items or garden waste that cannot be taken to the Recycling Centre for any reason, the council does offer a Bulky Waste Collection Service telephone 01803 207900. Surplus furniture and other items can also be donated to not-for-profit organisations who provide furniture, appliances and household items at affordable prices to local people on low incomes. For further information visit the Devon Furniture Forum website under External Links.
The Law
Any waste which is discarded improperly by the public or businesses is illegal and carries with it a fine of up to £50,000 and/or a twelve month term in prison if convicted in a Magistrates’ Court. If convicted on indictment this could result in an unlimited fine and/or a maximum of 5 years imprisonment.
There are other laws in place to combat the illegal handling and dumping of waste:
Clean Neighbourhoods and Environment Act 2005
Gives regulation authorities such as the police, local authorities and the Environment Agency stronger powers to enforce tougher penalties as a deterrent for future fly-tipping
Environmental Protection Act 1990
The main body of legislation that tackles fly-tipping in England and Wales is the Environmental Protection Act 1990, making it illegal for anybody to dump waste on land that does not have a waste management licence. This act was amended by the Clean Neighbourhoods Act and Environment Act 2005 which enforced higher penalties on conviction for fly-tipping.
Town and Country Planning Act 1990
Land owners have a legal duty to ensure that they take steps to secure their land and prevent fly-tipping. This legislation refers to the ‘proper maintenance of land’ and gives local planning authorities the power to serve a Notice on the occupier or landowner to rectify a solution if their area is negatively affected. This notice allows steps to rectify the condition of the land within 28 days of the issue of the notice. Failure to do so can result in a maximum fine of £1000.
Control of Pollution Amendment Act 1989
Sets out the requirement for waste carriers to register with the Environment Agency and allows authorised officers of a Waste Collection Authority power to seize any vehicles being used for fly-tipping.
All businesses have a legal responsibility called a ‘Duty of Care’ to ensure that their waste is securely stored and disposed of legally. To ensure that waste is being transferred appropriately and disposed of legally, businesses can employ a registered waste carrier. Unregistered waste carriers can be responsible for fly-tipping. Any business employing an unlicensed waste carrier to dispose of their waste, commits an offence. For further information about commercial waste and registered waste carriers, visit our webpage under Related Pages.
Householders also have a responsibility to make sure that their waste is disposed of legally. If a householder wishes to dispose of waste such as bulky items, they must ensure that the person charged with its disposal is registered to do so. If you are unsure if an individual or business is registered to dispose of your household waste, ask for identification and check with the Environment Agency. For further information about registered waste carriers, visit our webpage under Related Pages.
If you would like further information about waste and the law, or would like to view ‘Frequently Asked Questions 
’ you can visit the Defra website.
’ you can visit the Defra website.The Keep Britain Tidy website also features information about fly-tipping at
website also features information about fly-tipping at Find Out More
Waste Collection Authorities including Torbay Council, have to submit regular information about fly-tipping offences to the Department for Environment, Food and Rural Affairs (Defra). This information is placed into a database known as Flycapture. Flycapture contains information about fly-tipping offences dealt with and shows what action has been taken. To find out more about fly-tipping, you can view Flycapture results on Defra Website.
results on Defra Website. By establishing a new environmental enforcement team in 2008, fly-tipping in Torbay has decreased through a programme of education and targeted enforcement.
Report It!
If you witness someone fly-tipping in your area, don’t let them get away with it.
If you have any information about the offender(s), please contact the council’s enforcement team in Community Protection on telephone 01803 208025 or E-mail: community.protection@torbay.gov.uk. The enforcement team will carry out an investigation and attempt to identify the offender(s).
Did you witness the offence?
If you have any information about the offender(s), please contact the council’s enforcement team in Community Protection. The enforcement team will carry out an investigation and attempt to identify the offender(s).
Before reporting an offence to the Community Protection Team, think about the following:
- When and where did the offence take place?
- What time did the offence take place?
- How many items were dumped?
- Can you describe what items were dumped?
- Can you describe the offender(s)?
- If the offender(s) was using a vehicle, what make/model was it?
- Did you manage to record the vehicle registration number, or part of it?
- Did the vehicle have any distinguishing markings or advertisements on it?
The more information you can provide to the council, the more likely it is that offenders will be caught.
If you did not witness the offence
If you are unable to provide any information about the offender(s) but would like to report fly-tipped items, please contact the council’s Rapid Response Team.
Remember - DO
- Visually inspect the waste and try to determine what the waste consists of and how much there is.
- Take note of the exact location of the waste (and whether it is near water).
- Report the offence.
Remember - NEVER
- Touch the waste. The fly-tipped waste may be dangerous and contain hazardous items such as broken glass, asbestos, syringes and other harmful substances.
- Disturb the site as there may be evidence that could help identify the offender(s) and lead to their prosecution.
What Will the Council Do?
It is the responsibility of a landowner to clear up fly-tipping on their own land. On publicly owned land, Torbay Council will investigate offences and ensure that the fly-tipping is removed. Where fly-tipping occurs on privately owned land, whilst the Council will investigate and attempt to identify offenders, it is the responsibility of the land owner to remove it, and to take steps to prevent further offences (for example by securing the land or installing CCTV).
Contact Community Safety
- Tel: 01803 208025
- Email: community.protection@torbay.gov.uk
- Fax: 01803 208854
