7. 7. The Unauthorised Deposit of Waste (Fixed Penalties) (Wales) Regulations 2017

Part of the debate – in the Senedd at 6:20 pm on 24 October 2017.

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Photo of Lesley Griffiths Lesley Griffiths Labour 6:20, 24 October 2017

Diolch, Llywydd. I move the motion.

I present the regulations that will insert new provisions into the Environmental Protection Act 1990, and which will allow local authorities in Wales to issue fixed-penalty notices for fly-tipping incidents. Under the new provisions, local authorities will be able to set a fixed penalty amount of between £150 and £400, with a default of £200. A reduction for early payment can be made available, and local authorities can retain the receipts to help contribute to the costs of dealing with fly-tipping. The FPNs can be used on both publicly and privately owned land. It’s an additional enforcement tool to help deal with those small-scale fly-tipping offences where a prosecution is considered disproportionate. However, local authorities will still be able to exercise their existing criminal prosecution powers for offences they deem inappropriate for an FPN, for example to deal with a persistent offender.

FPNs are an important means of tackling environmental crime, provided they are issued sensibly, enforced even-handedly and are seen as a response to a genuine problem. However, I feel it is important they are accompanied by appropriate public engagement, awareness raising and wider education programmes. I believe this is essential to ensure a positive response from our citizens and a sustainable reduction in offending behaviour. I’m pleased to commend this motion to the Chamber.