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Fly-tipping (unauthorised deposit of waste)

s.33Environmental Protection Act 1990

Depositing controlled waste on land, or knowingly causing or permitting it to be deposited, without an environmental permit, or keeping or disposing of waste in a way likely to cause pollution or harm.

Fly-tipping (unauthorised deposit of waste) · Environmental Protection Act 1990, s.33Card 194 / 195

Points to prove

s.33(1)(a)Deposited controlled waste (or extractive waste), or knowingly caused or knowingly permitted it to be deposited
s.33(1)(a)In or on any land
s.33(1)(a)Without an environmental permit authorising the deposit, or not in accordance with the permit
s.33(1)(b)Or submitted controlled waste (or knowingly caused or permitted it to be submitted) to a listed waste operation not carried out under and in accordance with an environmental permit
s.33(1)(c)Or treated, kept or disposed of controlled or extractive waste in a manner likely to cause pollution of the environment or harm to human health

Key definitions

Waste – s.75(2), adopting Article 3(1) of the Waste Framework Directive: any substance or object which the holder discards, or intends or is required to discard.
Controlled waste – s.75(4): household, industrial and commercial waste.
Deposit – includes a temporary deposit. Waste left on a verge, in a lay-by or on someone else’s land all count.
Vehicle controller – s.33(5): where waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle is treated as knowingly causing the deposit, whether or not they gave instructions.

Defences

Due diligence – s.33(7)(a): the defendant proves they took all reasonable precautions and exercised all due diligence to avoid committing the offence.
Emergency – s.33(7)(c): acts done in an emergency to avoid danger to human health, where the defendant took all reasonably practicable steps to minimise pollution and harm, and told the regulator as soon as reasonably practicable.
Exceptions – exempt waste operations (s.33(1A)), and, for (a) and (b), household waste treated, kept or disposed of within the curtilage of the home (s.33(2)).

Good to know

Constables and authorised council or Environment Agency officers can stop (constable in uniform only on a road), search and seize vehicles used in fly-tipping (s.34B).
In England, authorised council officers can issue a fixed penalty notice for a s.33(1)(a) offence (s.33ZA).
Householders who hand waste to an unlicensed carrier may commit the separate duty of care offence under s.34.

Legislation: Environmental Protection Act 1990, s.33 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Fly-tipping (unauthorised deposit of waste): questions people ask

What are the points to prove for fly-tipping (unauthorised deposit of waste)?

1. Deposited controlled waste (or extractive waste), or knowingly caused or knowingly permitted it to be deposited 2. In or on any land 3. Without an environmental permit authorising the deposit, or not in accordance with the permit 4. Or submitted controlled waste (or knowingly caused or permitted it to be submitted) to a listed waste operation not carried out under and in accordance with an environmental permit 5. Or treated, kept or disposed of controlled or extractive waste in a manner likely to cause pollution of the environment or harm to human health

What is the maximum sentence for fly-tipping (unauthorised deposit of waste)?

5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is fly-tipping (unauthorised deposit of waste) a summary, either-way or indictable offence?

Fly-tipping (unauthorised deposit of waste) is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is fly-tipping (unauthorised deposit of waste)?

Fly-tipping (unauthorised deposit of waste) is an offence under the Environmental Protection Act 1990, s.33.

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