Littering and fly tipping remain significant environmental challenges in Scotland, with substantial efforts focused on reducing these issues through enforcement mechanisms. However, a review of the current enforcement practices reveals both strengths and areas in need of improvement.
Littering and fly tipping have long plagued urban and rural areas, causing environmental degradation and public nuisance. The Scottish Government’s recent report, “Review of Enforcement of Litter and Fly tipping Offences,” delves into the effectiveness of current enforcement strategies and proposes enhancements to tackle these persistent issues.
Legislative Framework and Enforcement Authorities
Scotland’s approach to combating littering and fly tipping is grounded in robust legislative frameworks, primarily the Environmental Protection Act 1990. This Act makes littering and fly tipping criminal offences, allowing authorities such as local councils, Police Scotland, and public bodies like the Loch Lomond and Trossachs National Park Authority to issue Fixed Penalty Notices (FPNs). These penalties are to serve as a deterrent, ensuring that offenders are held accountable.
However, a critical limitation exists in that the FPN for fly tipping is capped at £500 and cannot be increased through secondary legislation. This cap potentially diminishes the deterrent effect, particularly given that the costs associated with the clean-up can far exceed this amount. On the other hand, penalties for fly tipping offences in court can be severe, with fines reaching up to £40,000 and even imprisonment, but the low prosecution rates dilute this threat.
Current State of Litter and Fly tipping
The Environmental and Social Impact of both littering and fly tipping is that they both harm land and marine environments, degrading the quality of surroundings and negatively affecting public spaces. These activities can reduce house prices, increase crime rates, and contribute to mental health issues.
Public concern is high, with 67% of people viewing litter as a local problem and 87% recognising it as a national issue, this is driven by both individuals and commercial entities seeking to avoid disposal fees.
Fly tipping incidents increased in 2020/21, likely due to COVID-19’s impact on disposal options. However, data collection is inconsistent across Scotland, with many cases unreported. The use of multiple reporting systems leads to potential duplication and incomplete data, making trend analysis difficult. The 2021/22 Local Environmental Audit and Management System (LEAMS) audit noted a decline in street cleanliness, with more sites exhibiting unacceptable litter levels, particularly in deprived areas.
Data from 2019-2022 reveals that out of 207,960 reported fly tipping incidents, only 1.2% resulted in Fixed Penalty Notices and 0.02% led to prosecutions.
The inadequate and inconsistent data collection methods, coupled with resource constraints and legal uncertainties, hinder effective enforcement.
Separately from the Scottish Government’s public consultation, Keep Scotland Beautiful’s Scottish Litter Survey found strong public support for proposed anti-litter measures.
Four in five respondents advocated for increased action to prevent and address littering. Preventative approaches were particularly favoured, with 90% endorsing educational and behavioural campaigns, 97% supporting improved waste disposal facilities, and 84% backing stronger fines and penalties.
A comprehensive strategy involving increased resources, legislative clarity, enhanced surveillance, and public engagement is essential to address litter and fly tipping effectively. Better data collection and analysis are crucial for understanding and tackling these issues.
Current Enforcement Models and challenges in Scotland.
Enforcement of littering and fly tipping laws is complicated by several factors. Firstly, the necessity for corroborated evidence in fly tipping cases means that two separate sources must confirm the offence and the identity of the perpetrator. This requirement often hampers the ability to prosecute, as gathering sufficient evidence can be challenging, particularly in rural or isolated areas.
Additionally, the responsibility for addressing fly tipping is split across various bodies, including local authorities, SEPA (Scottish Environment Protection Agency), and the police. While local authorities are primarily responsible for clearing public land, SEPA and the police may become involved in investigations, particularly on private land. However, inconsistencies in enforcement practices across different regions—exacerbated by varying local priorities, can lead to unequal application of the law.
Cities like Glasgow and Edinburgh, where fly tipping is more prevalent, may see more rigorous enforcement compared to rural areas.
A recent Scottish Government report highlights that enforcement costs are significant, comprising 11% of local authority spending on litter and 19% on fly tipping.
The Environmental Protection Act 1990 governs these issues, making littering, fly tipping, and improper waste handling by businesses criminal offences. Local authorities have a statutory duty to maintain clean land under the Code of Practice of Litter and Refuse (CoPLaR), which outlines the required standards and responsibilities.
Local authorities are responsible for cleaning public land, while statutory undertakers such as Network Rail and educational institutions also have duties to clear litter from areas under their control, as outlined in the Code of Practice on Litter and Refuse (CoPLaR).
56% of local authorities and stakeholders felt the current enforcement model is not effective in dealing with littering and fly tipping. It is regrettable that it is not currently acting as a deterrent and fines are not always paid and gives the message that individuals can avoid punishment. As well as not currently acting as a deterrent, the level of the fine is also often not relevant to the time and money spent investigating the offence and clearing it up.
Citizens are encouraged to participate actively in community clean-up initiatives and report instances of littering and fly tipping to local authorities. Together, these efforts can contribute to preserving Scotland’s natural beauty and ensuring a healthier environment for future generations.
In conclusion, while Scotland’s current enforcement framework for littering and fly tipping provides a foundation for addressing these environmental issues, it faces significant challenges.
Inadequate funding, inconsistent legal interpretations, and difficulties in gathering evidence undermine the effectiveness of existing measures.
The capped fines, particularly for fly tipping, fail to act as a strong deterrent, and the low prosecution rates further weaken the system’s impact.
Enhancing enforcement requires increased resources, legislative clarity, better use of technology, and stronger public engagement.
By addressing these areas, Scotland can improve its efforts to protect the environment and reduce the occurrence of littering and fly tipping.
For a more detailed understanding and to access the full report, visit the Scottish Government’s publication.
This blog was written and researched by Helanna Cooper, an Environmental Technician at Albion Environmental Ltd.
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