Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, whether local authorities may use their powers under section 71 of the Environmental Protection Act 1990 to (a) investigate and (b) quickly remove fly-tipping on private land.

The general power in section 71(2) of the Environmental Protection Act 1990 to require any person to provide specified information does not extend to local authorities and is limited to the Secretary of State and, in England, the Environment Agency. Under section 71(2A), local authorities have this power but only with regards to their right to search and seize vehicles under sections 34B and 34C. Local authorities do have a range of powers under section 108 of the Environment Act 1995 to investigate pollution incidents.

It is the responsibility of a landowner to dispose of waste fly-tipped on private land. However, under sections 59 and 59ZA of the Environmental Protection Act, local authorities are able to require an occupier or landowner to remove such waste from their land within a specified time, which is not less than 21 days. A local authority is also able to remove such waste in certain circumstances such as where it is necessary that the waste be removed immediately to prevent pollution of land, water or air or harm to human health.