AQW 15772/17-22 Written question to the Minister of Agriculture, Environment and Rural Affairs
To ask the Minister of Agriculture, Environment and Rural Affairs what discussions he has had with local councils regarding increasing penalties for illegal dumping.
Asked by John Blair MLA on 3 March 2021
- Answered
- Written
- Tabled
- 3 March 2021
- Answer due by
- 19 March 2021
- Answered
- 16 March 202113 days after tabling
- Priority question
- No
Answer
Through the Clean Neighbourhoods & Environment Act (NI) 2011, district councils (DCs) may issue fixed penalty fines of up to £80 for litter offences or £2,500 for cases dealt with through the courts.
My Department is currently reviewing the fixed penalty fines available to DCs to penalise offenders. The outcome of the review will be included as part of the draft Environment Strategy for NI, which will be consulted on later in 2021. The Strategy will also consider new measures to tackle litter in the future.
Additionally. Section 5 of the Waste & Contaminated Land (Amendment) NI Act 2011 will, when commenced, provide DCs with powers to enforce Articles 4 and 5 of the Waste & Contaminated Land (NI) Order 1997. These powers will include the ability to issue fixed penalty notices up to £400 for illegal waste offences. Upon summary conviction penalties would include a maximum of £50,000 fine and/or six months imprisonment for Article 4 offences and £5000 for Article 5 offences.
I have not yet made a decision on the date of commencement as my officials are currently engaged in discussions with DCs regarding the legislative change, including agreement on a revised fly-tipping protocol which will provide clarity on the operational roles and responsibilities of the Department and DCs in addressing fly-tipping.