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Proposals Made For Police-style powers for fly-tipping enforcement

New powers for fly-tipping agents

What New Powers Would Mean As Part of Crackdown on Fly-Tipping

The government is considering granting police-style enforcement powers to Environment Agency (EA) officers as part of a broader crackdown on fly-tipping and illegal waste crime in England.

The proposals, expected to form part of the upcoming Waste Crime Action Plan, could allow environmental enforcement officers to search premises without a warrant, seize assets and arrest individuals suspected of illegal waste activity.

If implemented, the changes would represent a significant expansion of the Environment Agency’s investigative powers.

For criminal defence practitioners, the proposals raise important questions about investigatory powers, evidential safeguards and procedural fairness in environmental prosecutions.

Fly-tipping as a criminal offence

Fly-tipping is already a criminal offence under the Environmental Protection Act 1990. The legislation makes it unlawful to deposit waste on land that does not have a licence to accept it.

The scale of the problem is substantial.

Government figures show that 1.26 million fly-tipping incidents were recorded by local authorities in England between 2024 and 2025, with approximately 62% involving household waste.

Environmental organisations estimate that tackling illegal dumping costs the economy around £1 billion per year.

The Environment Agency already has powers to investigate waste crime and bring prosecutions. In the past year alone the agency reports securing 10 immediate custodial sentences and closing down more than 1,000 illegal waste sites.

However, ministers argue that expanding enforcement powers could enable authorities to act more quickly against organised waste crime.

Proposed new enforcement powers

Under the proposals currently being considered, Environment Agency officers could be given powers similar to those exercised by police officers in criminal investigations.

Ministers are reportedly examining whether existing legislation – including the Police and Criminal Evidence Act 1984 (PACE) and the Proceeds of Crime Act 2002 (POCA) – could be used to extend these capabilities.

Although detailed legislation has not yet been introduced, the proposed powers may include:

  • entering and searching premises without a warrant in certain circumstances;
  • seizing vehicles, equipment or assets linked to illegal waste activity;
  • arresting individuals suspected of involvement in organised waste crime;
  • using financial investigation powers to recover profits obtained through environmental offences.

Alongside these enforcement powers, ministers have also indicated that individuals involved in illegal waste transportation could face sentences of up to five years’ imprisonment.

Separate proposals have also suggested that drivers caught fly-tipping could receive penalty points on their driving licences, potentially leading to disqualification.

Waste crime as organised criminal activity

The government increasingly frames fly-tipping as a form of organised criminal activity rather than simply low-level environmental offending. Illegal waste operators may charge individuals or businesses to remove waste cheaply before dumping it unlawfully to avoid disposal costs.

Because of the financial incentives involved, waste crime can generate substantial illicit profits.

The potential involvement of asset recovery powers under the Proceeds of Crime Act reflects an effort to disrupt those financial incentives.

Some commentators have argued that the issue should be tackled by specialist national agencies.

Liberal Democrat MP Tim Farron, for example, has suggested that investigations into waste crime should ultimately be handled by the National Crime Agency rather than the Environment Agency.

Implications for criminal defence practitioners

If the proposed powers are introduced, they may significantly change the way environmental offences are investigated and prosecuted. Defence lawyers are likely to see a growing number of cases involving more complex investigative techniques and multi-agency cooperation.

Several issues may arise in practice.

First, the expansion of search and seizure powers will inevitably raise questions about whether investigations comply with the safeguards set out in PACE. Defence teams may scrutinise the legality of searches, the handling of seized property and the circumstances surrounding arrests.

Second, the use of financial investigation powers under the Proceeds of Crime Act could increase the financial consequences of environmental prosecutions.

Confiscation proceedings may follow convictions in cases where authorities allege that defendants benefited financially from illegal waste operations.

Third, evidential issues may arise where waste is discovered long after it was deposited.

Establishing who was responsible for transporting or dumping waste can be complex, particularly where multiple contractors or intermediaries are involved. In some cases, the prosecution may rely heavily on documentary evidence, vehicle tracking data or witness testimony.

Finally, the increased criminalisation of waste offences may also affect individuals and small businesses who unknowingly become involved in illegal disposal practices.

For example, householders who pay unlicensed waste carriers to remove rubbish may face investigation if the waste is later discovered at an illegal dumping site.

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