Commentary on Provisions Information on fly-tipping offences Section 13: Information on fly-tipping offences
43.Under section 33(1) of the Environmental Protection Act 1990 (“the 1990 Act”) fly-tipping is a criminal offence. As an alternative to prosecution a person can be issued a fixed penalty notice under section 33A(1) of the 1990 Act, which offers the possibility of discharging any liability to criminal conviction for fly-tipping by payment of a fixed penalty (currently £500).
44.Section 13 of the Act inserts a new section 71A into the 1990 Act, giving the power to the Scottish Ministers to require information from local authorities and the Loch Lomond and the Trossachs National Park Authority about the exercise of any their functions in relation to an incident of fly-tipping under section 33(1)(a) or (c) of the 1990 Act; and, in relation to a local authority only, the exercise of its powers under section 59 of the 1990 Act in relation to the removal of unlawfully deposited waste.
45.In addition, subsection (3) of inserted section 71A specifies a non-exhaustive list of the kind of information that can be requested. Subsection (4) of inserted section 71A places a limit on the power to require information, providing that the Scottish Ministers may not exercise it in relation to a particular authority more than once annually.