In recent weeks, the closure of local authority waste services due to the coronavirus crisis has unfortunately led to a noticeable increase in incidents of flytipping on private land. A group of rural and environmental organisations including the NFUS, Scottish Land & Estates and Zero Waste Scotland have issued a joint statement condemning the practice and urging the public to keep waste at home until local authority tips and recycling centres are reopened.

Even under normal circumstances, flytipping is a major headache for farmers and landowners. Zero Waste Scotland estimates that 26,000 tons of waste are flytipped every year in Scotland and The Scottish Farmer has reported that the average cost of clearing up a flytipping incident is around £1000.

What is the law on flytipping in Scotland?

The main legislation is the Environmental Protection Act 1990 which makes it illegal to dump waste without a licence. The legislation applies to household, commercial or industrial waste and applies equally to the dumping of anything from a single rubbish bag to a skip full of waste.

Offenders can be issued with a fixed penalty notice of £200. More serious offences can lead to fines of up to £40,000 and terms of imprisonment up to 12 months.

Who is responsible for clearing up?

Unfortunately, if waste is illegally dumped on private land then it is the responsibility of the landowner or occupier to remove it. As noted above, the costs of this removal can be considerable.

If flytipped waste is discovered on your land, what should you do?

If you discover waste on your land, be cautious before starting to clear it up. Some items may be hazardous, contaminated or otherwise dangerous. Report the incident to your local authority and to SEPA. Flytipping can also be reported through the Zero Waste Scotland website (https://www.zerowastescotland.org.uk/DumbDumpers). Recording details of the incident (such as the date, location and type of waste) and taking photographs is useful as part of the reporting process and lets the authorities know the extent of the problem.

When clearing the waste, ensure that you do so correctly, such as by using the services of a licensed waste carrier. If you do not do so, then you could find yourself being prosecuted for illegally disposing of the waste even though someone else was guilty of dumping it on your land in the first place.

What can be done to prevent dumping on your land?

Prevention is of course better than cure and there are several steps you can take to deter would-be dumpers:

  • Keep gates closed or roads and laybys otherwise visibly blocked (for example by boulders or tree trunks) to prevent people taking access with vehicles or parking to dump waste. Keep in mind when doing so however that you must not block public access to your land under the “right to roam” for recreational purposes.
  • Work together with your neighbours and other local agencies to keep an eye out for potential dumpers and keep each other informed of any incidents on your land.
  • Consider improving visibility in flytipping blackspots, for example by cutting back trees, hedges and foliage – if the area is more exposed, flytippers may be discouraged by the fear of being seen. Similarly, it may be helpful to install security lighting in relevant areas.
  • Erect warning signs and perhaps also CCTV – a security camera can be a useful deterrent, even if it does not actually contain any film.
  • Clear up dumped waste as quickly as possible to prevent others being encouraged to flytip in the same area.
  • Check your insurance policy to see if it includes cover for clearing up flytipping incidents, or consider adding this cover to your policy in future.

For further information and advice on this or any other land management matter, please get in touch with our team.