MSP launches consultation on new bill to tackle ‘scourge of fly-tipping’

New legislation is needed to tackle the "growing scourge" of fly-tipping, a Tory MSP has said.
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Murdo Fraser spoke out on the problem as he revealed plans to introduce what he called a "common sense" Bill at Holyrood.

He wants to "substantially" increase the current fixed penalty imposed from its current threshold of £200.

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The Member's Bill he plans would also ensure the person on whose land or property waste is dumped is not responsible in law for its removal.

Murdo Fraser was wants fresh action to tackle fly-tippingMurdo Fraser was wants fresh action to tackle fly-tipping
Murdo Fraser was wants fresh action to tackle fly-tipping

Instead he suggests there should be strict liability on the generator of the waste for clearing it up and paying any fines for its disposal, as is already the case in England and Wales.

Mr Fraser also said his Bill would improve the collection of data and reporting mechanisms, to give a clearer picture of the scale of the problem.

A consultation on his proposals is under way and will run until May 23, but already organisations including Scottish Land and Estates and the National Farmers' Union of Scotland have declared their support.

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Meanwhile, Mr Fraser said his proposed Bill is "an essential new piece of legislation".

The Conservative MSP, who represents the Mid Scotland and Fife Region, said: "Fly-tipping causes great environmental damage and creates an eyesore that blights both our countryside and urban areas.

"It's selfish and irresponsible to dump refuse and waste at unauthorised locations - and completely unnecessary when there are adequate facilities for lawfully getting rid of unwanted items.

"And, of course, landowners and public authorities are left with the cost of cleaning up the mess left by others."

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Mr Fraser went on: "The current law already provides for both criminal sanctions and civil liabilities against fly-tipping, but reported incidents - often carried out by organised crime gangs - are on the increase, which is why I believe new legislation is required.

"This Bill will strengthen the law and toughen the punishments for fly-tipping.

"I want to thank those who have helped with their support and input to the Bill, and would urge everyone interested to get involved in the consultation process if they feel improvements can be made to it.

"This is not a partisan or party political Bill, but a common-sense piece of legislation to tackle a growing scourge on our landscape, so I hope and expect in due course that it will receive backing from members across the Scottish Parliament."

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Scottish Land and Estates policy adviser Simon Ovenden said: "The tidal wave of builders' rubbish, household junk and toxic waste engulfing our beautiful countryside must be stopped.

"To help end this often large-scale criminal activity, we believe greater public education regarding the true impact of fly-tipping is needed, as well as tougher prison sentences, significantly higher fines, scrapping the offender's vehicle, and making the polluter pay for the clean-up, rather than the innocent victim who owns the property.

"Our livestock, wildlife and environment deserve better.

"We were pleased to help Mr Fraser develop his Member's Bill and strongly support the Bill's intentions to rid Scotland of fly-tipping once and for all."

Meanwhile, NFU Scotland vice-president Robin Traquair said: "The all-too-frequent, dreadful sight of abandoned, sometimes dangerous, waste is not simply an eyesore on Scotland's beautiful countryside - it can, and does, cause harm to livestock, crops, nature and wildlife.

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"It is an issue that farmers are having to deal with more often, costing them not just in terms of money but also large amounts of their time.

"Fly-tipping is such a major issue across Scotland that action needs to be taken to change the law when it comes to dealing with those responsible. Such positive action to tackle fly-tipping, through this Private Member's Bill, is something NFU Scotland would fully support."

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