Fly-tipping “Waste Crime Networks” Urgent Crackdown Called For From Government

Waste Crime and Fly-Tipping: The Rising Threat of Prosecution and the Legal Implications for Defendants

Recent findings from the House of Lords’ Environment and Climate Change Committee have called for urgent reform in the government’s approach to tackling fly-tipping and organised waste crime.

The committee described current enforcement efforts as “inadequate” and criticised both the Environment Agency (EA) and police for being too slow to respond to large-scale environmental offences.

While the report reflects growing public anger about illegal dumping and environmental damage, the recommendations also point toward a tougher stance on offenders – particularly those accused of involvement in organised or commercial-scale waste operations.

For individuals and businesses under investigation, the potential criminal, financial, and reputational consequences are increasingly severe.

Fly-Tipping and Waste Crime: An Expanding Area of Criminal Law

Fly-tipping – the unauthorised disposal of waste on land without a permit – is an offence under the Environmental Protection Act 1990 and the Environmental Permitting (England and Wales) Regulations 2016.

What once might have been seen as a minor environmental breach is now being treated as a serious criminal enterprise, particularly when linked to profit or organised activity.

The Lords’ report highlighted how waste crime has evolved into what some describe as “the new narcotics trade” – a lucrative underground industry generating millions in illegal revenue.

In one example, 20 lorries a day were reportedly dumping industrial waste at a residential site in Wigan, with 25,000 tonnes later burning for nine days and causing significant health and environmental hazards.

These large-scale operations often involve multiple actors – from legitimate hauliers subcontracted by rogue traders to individuals renting land for “temporary storage” without full knowledge of its intended use.

The result is a complex criminal landscape where liability can extend across entire supply chains.

Penalties for Waste Offences

Convictions for fly-tipping or waste management offences can lead to severe penalties, including:

• Unlimited fines imposed by the Magistrates’ or Crown Court;
• Prison sentences of up to five years for serious or repeated offences;
• Vehicle seizure, business closure, or revocation of waste carrier licences;
• Proceeds of Crime Act (POCA) confiscation proceedings for financial gain derived from the offence.

Courts increasingly view environmental offending through the same lens as economic crime.

Where there is evidence of coordination, financial benefit, or organised activity, prosecutors may seek to establish conspiracy or fraud-related charges in addition to the underlying environmental breaches.

The Challenge of Proving Criminal Intent

From a criminal defence standpoint, waste crime cases are rarely straightforward.

Prosecutors must demonstrate not only that waste was deposited unlawfully, but also that the accused had knowledge or control over the activity and intended to evade lawful disposal.

This distinction is crucial.

For example, a landowner may rent a site to a third party unaware that illegal tipping is taking place, or a transport operator might deliver loads in good faith under false documentation.

Establishing intent, recklessness, or participation in a wider conspiracy requires detailed evidential analysis.

Defence lawyers play a vital role in scrutinising environmental agency evidence – including surveillance footage, vehicle tracking, waste transfer notes, and financial records – to ensure that guilt is not wrongly inferred from mere association or proximity.

Organised Crime Allegations and Joint Investigations

The Lords’ letter also highlighted concerns that the Environment Agency’s Joint Unit for Waste Crime and associated police units are not operating effectively enough to deter organised groups.

However, it is clear that collaboration between agencies is increasing – with the EA, HMRC, and the National Crime Agency (NCA) now working jointly to target what they describe as “waste crime networks.”

For defendants, this means investigations may involve complex multi-agency inquiries, covert intelligence gathering, and asset tracing – all of which can significantly lengthen proceedings and heighten potential penalties.

Even individuals with limited involvement – such as drivers, site managers, or brokers – may find themselves drawn into high-level conspiracy allegations.

Sentencing and Mitigation

Sentencing in environmental and waste-related cases is governed by the Sentencing Council’s Environmental Offences Guidelines, which consider factors such as:

• The defendant’s role (organiser, participant, or employee);
• The level of culpability and financial benefit gained;
• The environmental and community impact of the offending;
• Previous compliance history or regulatory engagement.

Mitigation can play a significant role in reducing sentence severity.

Early cooperation with investigators, evidence of financial or managerial pressure, mental health considerations, or genuine efforts at remediation can all influence outcomes.

Courts will also consider whether the defendant was acting under instruction, lacked understanding of waste regulations, or derived minimal personal profit from the operation.

The Importance of Early Legal Advice

With waste crime now a clear enforcement priority, it is vital for anyone contacted by the Environment Agency or police to obtain immediate legal advice.

Interviews under caution, even when conducted in a “regulatory” context, can later form the basis for criminal prosecution.

Morton’s Solicitors regularly represent clients in investigations involving environmental breaches, regulatory offences, and organised waste crime.

Our experienced defence team works to:

• Challenge the admissibility and accuracy of evidence gathered by multiple agencies;
• Advise on interviews and responses to enforcement notices;
• Negotiate with regulators to avoid prosecution where appropriate;
• Prepare comprehensive mitigation strategies in the event of charge.

Early engagement with specialist defence solicitors is crucial to ensure the client’s rights are protected, the scope of liability is correctly defined, and that any potential defences – such as lack of intent, knowledge, or control –  are fully explored.

How We Can Help

If you – or someone you know – is in need of legal representation for any environmental damage offences, call us now on 0161 477 1121 or email us.