Farmers Guardian
Topics
How to spot BSE and what farmers can do to prevent it

How to spot BSE and what farmers can do to prevent it

DataHub

DataHub

Dairy Farmer Magazine

Dairy Farmer Magazine

Auction Finder

Auction Finder

CropTec

CropTec

LAMMA 2020

LAMMA 2020

You are viewing your 1 free article

Register now to receive 2 free articles every 7 days or subscribe for unlimited access.

Subscribe | Register

Farmers warned over new legislation on illegally stored waste

New legislation comes into force on May 9.

TwitterFacebook
Share This

Beware new legislation on illegally stored waste

Farmers and landowners must ensure they use greater due diligence to avoid falling foul of new laws on illegally stored waste.

 

Failing to comply could cost tens of thousands of pounds, and leave the farmer with a criminal record, according to Angus Evers, partner at law firm Shoosmiths.

 

Previously, regulators only had powers to force the removal of any waste which had been illegally dumped.

 

Waste

 

But new legislation, which comes into force on May 9, means the Environment Agency, Natural Resources Wales and local authorities would be able to serve notice requiring occupiers to remove illegally stored waste, even if it was brought to the land legally.


Read More

Big Spring Clean organised as UK fly-tipping reaches ‘unacceptable levels’Big Spring Clean organised as UK fly-tipping reaches ‘unacceptable levels’
Heifer chewing beer can ring highlights shocking reality of rural fly-tippingHeifer chewing beer can ring highlights shocking reality of rural fly-tipping
NFU president Meurig Raymond urges Gove to take action on fly-tippingNFU president Meurig Raymond urges Gove to take action on fly-tipping

It will be a criminal offence to fail to comply with such a notice.

 

If the land was unoccupied, or the regulator could not identify the occupier without incurring unreasonable expense, the notice could be served on the landowner.

 

And if the occupier failed to comply with the notice, or successfully appealed against a notice, the regulator could serve a new notice on the owner of the land.

 

Mr Evers said it was often difficult to prove waste was not being stored illegally on a site where it had been deposited lawfully, especially if the occupier’s permit had expired, been revoked or the occupier had changed.

 

“This is crucial, despite Government’s reassurances safeguards will be in place to protect those farmers and landowners who have become involved unknowingly,” said Mr Evers.

 

Liability

 

Farmers and landowners may find themselves liable for the costs of removing waste brought to their land lawfully but stored illegally.

 

“It is essential greater due diligence is undertaken when considering potential tenants and other occupiers of land who intend to use it for waste management activities,” he added.

 

If occupiers were already in place, he advised landowners to review any environmental permits or exemptions held to ensure the site was operating lawfully.

 

Mr Evers said landowners should consider requiring occupiers undertaking waste management activities to provide a deposit or other security which could be used should they incur any liabilities.

Changes to landfill taxes

Flytipping and illegal waste deposit sites have grown as people try to avoid landfill taxes.

Changes were applied to the taxes on permitted and non-permitted landfill sites on April 1, but the tax rates were different in England and Wales.

  • Non-permitted sites in England will be liable for landfill tax at £88.95/tonne on all material
  • Non-permitted sites in Wales will be liable for landfill disposals tax at an unauthorised disposals rate of £133.45/t
  • All material at illegal sites on and after April 1 will be caught by the tax, including materials exempt at permitted sites
  • Any person who deposits waste or knowingly permits the deposit of waste at an illegal site could become liable for landfill tax and face a criminal prosecution
  • HMRC will be able to charge an additional penalty of up to 100 per cent of the tax due, and it has the right to prosecute those who do not pay
TwitterFacebook
Post a Comment
To see comments and join in the conversation please log in.

Most Recent

Facebook
Twitter
RSS
Facebook
Twitter
RSS