Landowners challenge Minister on fly-tipping of hazardous waste (30/04/2008)

"The law as it stands is unfair to landowners who have already made every attempt to keep fly-tippers out"
Henry Aubrey-Fletcher, CLA President

London:  Joan Ruddock, UK Minister for the Environment agreed to a CLA request to consider how it could be made easier for farmers and landowners to have fly-tipped waste accepted at their local tips.

In a meeting with rural economy experts the Country Land and Business Association (CLA), the Minister was also sympathetic to the financial burden landowners face in dealing with dumped hazardous waste.

However, she resisted the CLA's call for the relevant authority to be responsible for clearing all incidents of fly-tipped waste that a landowner could not have prevented.

The CLA highlighted a number of occasions where vigorous pursuit of fly-tipping offenders is clearly needed. The Minister gave the CLA assurances that she will be raising the issue with the Environment Agency and Local Authorities.

Fly-tipping of hazardous wastes

The CLA is campaigning for an amendment to the Environment Protection Act 1990 to ensure that landowners are not held responsible for the clearing-up costs when hazardous wastes, such as asbestos, are fly-tipped.

The Government previously blocked an attempt by MP Bernard Jenkin to amend this law through a 10-minute rule Bill that came before Parliament on March 11.

The CLA has confirmed that it will continue to lobby the Government to encourage it to act on the problem of hazardous waste, and in particular asbestos. The organisation says that the costs of clearing up asbestos are enormous, as is the risk of the land becoming contaminated and water being polluted.  Hazardous wastes have a considerable cost for treatment or disposal because of the risks attached to them.

If a landowner has done everything to prevent hazardous waste being tipped it should be for the Environment Agency to clear it up and prosecute those responsible, according to the CLA.

The CLA would in fact like to see the introduction of a requirement to investigate all allegations of fly-tipping. Currently local authorities and the Environment Agency tend to force the landowner to clear up fly-tipped waste, without attempting to  find the offenders, according to the organisation.

CLA President Henry Aubrey-Fletcher said:

"The law as it stands is unfair to landowners who have already made every attempt to keep fly-tippers out.

"Most landowners accept the need to clear up ordinary household waste from time to time but they should not be expected to pick up the far greater tab for tipping of hazardous waste."