The Fly-tipping (Fixed Penalty) (Scotland) Order 2023
Section 33A of the Environmental Protection Act 1990 (“the 1990 Act”) provides for a fixed penalty notice procedure for an offence under section 33 in respect of a contravention of subsection 1(a) (for unauthorised deposit of controlled waste) or (1)(c) (for keeping or managing controlled waste in a manner likely to cause pollution of the environment or harm to human health). These offences are commonly referred to as fly-tipping. Payment of the fixed penalty in pursuance of a notice under section 33A of the 1990 Act operates to discharge any liability to conviction for an offence under section 33.