Date lodged: 25 November 2016
To ask the Scottish Government what obligations public authorities have to collect waste on privately owned land that is present as a result of illegal fly-tipping.
Answered by: Roseanna Cunningham 6 December 2016
Private land owners are responsible for the removal of waste from their land.
Section 179 of the Town and Country Planning (Scotland) Act 1997 enables a local planning authority to require the owner and occupier of land to take specific steps to remedy the land’s condition, if they consider that it adversely affects the local area. Section 59 of the Environmental Protection Act 1990 gives local authorities and Scottish Environment Protection Agency (SEPA) powers to require occupiers of land to remove unlawfully deposited waste.
Guidance produced by the Scottish Flytipping Forum ('Flytipping in Scotland: A Guide to Prevention and Enforcement') for local authority and SEPA waste enforcement officers recognises that the owners of flytipped land are the victims of crime. It encourages local authorities and/or SEPA to investigate flytipping on public and private land and to offer assistance. This may be in the form of advice to prevent the problem in the future or help to uplift or dispose of waste if local circumstances allow.