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legislature › pref label	House of Lords
min answer › question first answered	2014-11-03T11:55:04.6967513Z
registered interest	true
question text	To ask Her Majesty%E2%80%99s Government%2C further to the answer by the Earl of Courtown on 8 March %28HL Deb%2C col 1357%29%2C whether%2C following a successful prosecution by the Environment Agency for fly-tipping%2C landowners will receive recompense for costs incurred in having rubbish removed.

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registered interest

date

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answering body

answering dept id

answering dept short name

answering dept sort name

hansard heading

house id

legislature


pref label

question text

tabling member printed

uin

answer

is ministerial correction

date of answer

exactly:

or between:
and

answer text

answering member printed

question first answered

answering member


label

tabling member


label

715498

registered interest

date

30/03/2017

answering body

Department for Environment, Food and Rural Affairs

answering dept id

answering dept short name

Environment, Food and Rural Affairs

answering dept sort name

Environment, Food and Rural Affairs

hansard heading

Fly-tipping

house id

legislature

25277

pref label	House of Lords

question text

To ask Her Majesty’s Government, further to the answer by the Earl of Courtown on 8 March (HL Deb, col 1357), whether, following a successful prosecution by the Environment Agency for fly-tipping, landowners will receive recompense for costs incurred in having rubbish removed.

tabling member printed

Baroness Byford

uin

HL6459

answer

is ministerial correction

date of answer

05/04/2017

answer text

Where a person is convicted of an offence under section 33 of the Environmental Protection Act 1990 (the ‘fly-tipping’), section 33B (2) of that Act provides that “loss or damage resulting from the offence” in section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 specifically includes costs incurred or to be incurred by a relevant person in removing the waste deposited or disposed of in or on the land; taking other steps to eliminate or reduce the consequences of the deposit or disposal; or both. A “relevant person” is defined for these purposes in section 33B (3) as including the occupier of the land and the owner of the land. A court can order the person convicted of fly-tipping to pay compensation to the occupier or owner of the land in respect of costs incurred or to be incurred in removing the waste and/or associated clean-up costs. Whether a court would in any particular case make such an order will depend on the nature of the case, any other form of punishment to which the offender is to be sentenced, and the financial means of the offender to pay. Once a compensation order is made the courts have a role in enforcing that order to ensure that monies are paid. This is reflected in the sentencing guideline. The application of the guideline is a matter for the court to decide. A copy of this document will be placed in the Library.

answering member printed

Lord Gardiner of Kimble

question first answered

05/04/2017 11:08:44

answering member

4161

label	Biography information for Lord Gardiner of Kimble

tabling member

3343

label	Biography information for Baroness Byford