Circular Economy (Scotland) Act 2024

Fly-tipping offences and removal of waste

11 Fixed penalty notices for fly-tipping offences

(1) The Environmental Protection Act 1990 is modified as follows.

(2) In section 33A, in subsection (10)—

(a) the words from “substitute” to the end become paragraph (a),

(b) in paragraph (a), for “level 2” substitute “level 3”,

(c) after paragraph (a) insert—

“(b) substitute different amounts (not exceeding level 3 on the standard scale) in relation to different cases or descriptions of case.”.

12 Removal of unlawfully deposited waste

(1) In section 59 of the Environmental Protection Act 1990—

(a) after subsection (1) insert—

“(1A) A waste regulation authority or waste collection authority may only impose a requirement under subsection (1) on an occupier of land if the authority is satisfied that the occupier—

(a) deposited the waste, or

(b) knowingly caused or knowingly permitted the deposit of the waste.”,

(b) in subsection (2), for “the sheriff by way of summary application” substitute “the Scottish Ministers”,

(c) in subsection (3)—

(i) after “court” insert “or the Scottish Ministers (as the case may be)”,

(ii) after “is” insert “or they are”,

(d) in subsection (4)—

(i) after “court” insert “or the Scottish Ministers (as the case may be)”,

(ii) after “it” insert “or they”,

(e) after subsection (9) insert—

“(10) The Scottish Ministers may by regulations make further provision about appeals to them under subsection (2), including—

(a) provision about the manner in which appeals are to be brought,

(b) provision about the manner in which appeals are to be considered,

(c) transitional, transitory or saving provision.

(11) The Scottish Ministers may issue guidance for waste regulation authorities and waste collection authorities on the operation of this section.

(12) Waste regulation authorities and waste collection authorities must have regard to any guidance issued under subsection (11).

(13) This section is subject to section 114 of the Environment Act 1995 (delegating or referring of appeals etc).”.

(2) In section 114(2) of the Environment Act 1995, in paragraph (a)(iii), after “22(5),” insert “59(2),”.