If criminals fly-tip waste on our premises, are we liable for the clean-up costs?

Q

If criminals fly-tip waste on our premises, are we liable for the clean-up costs?

A

While fly-tippers are criminals who will be prosecuted whenever they are caught, the bad news is that you, as the landowner, may well have to pay to have fly-tipped waste removed from your property.

Section 59 of the Environmental Protection Act 1990 states that if any controlled waste or extractive waste is deposited illegally in or on any land, the local authority may require the occupier to do either or both of the following:

  • remove the waste from the land within a specified period

  • take steps with a view to eliminating or reducing the consequences of the deposit of the waste.

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