Regulatory and summary offences
Unauthorised deposit/treatment of waste / illegal discharges (individuals)
Environmental Protection Act 1990 / related provisions (as charged)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 5 years’ custody
Actus reus
- Deposit controlled waste, or treat, keep or dispose of it, or knowingly cause or knowingly permit that, otherwise than in accordance with an environmental permit (Environmental Protection Act 1990, s.33(1) — read the charged paragraph). Household-waste-at-home exceptions exist (s.33(2)).
Mens rea
- The cause/permit limbs require knowledge. Deposit/treat/keep/dispose is the act. Due diligence is a statutory defence, not an extra Crown element.
Defences
Household-waste exception (s.33(2)) · Took all reasonable precautions and exercised all due diligence (s.33(5)) · Acted under employer instructions without reason to suppose a contravention (where that defence still applies — read the current subsection) · Permit authorised the deposit / not controlled waste
Sentencing Council
Sentencing Council guideline effective 1 July 2014. Offence range: conditional discharge – 3 years’ custody Use this guideline when the offender is an individual.
At the police station
Fly-tipping photographs and who hired the van are the first asks. This is not a theft of scrap-metal charge.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.