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Scrutiny Commission on Environmental Enforcement In South Tyneside.

Published byDamon Golden Modified over 8 years ago

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Presentation on theme: "Scrutiny Commission on Environmental Enforcement In South Tyneside."— Presentation transcript:

1 Scrutiny Commission on Environmental Enforcement In South Tyneside

2 Legal Practicalities Mike Harding Corporate Legal Manager

3 Environmental Activity A Necessary Deterrent 32 Littering Offences 12 Fly Tipping cases 4 Unlawful Advertisement cases 18 Enforcement Notices 5 Section 215 Notices

4 Fly Tipping Section 33 (1) Environmental Protection Act 1990 “Depositing or knowingly causing the depositing or knowingly permitting the depositing of controlled waste in or on land otherwise than as authorised by a waste management license” To be proved “Beyond Reasonable Doubt”

5 Fly tipping Broadly drafted offence Commercial waste operations Domestic tipping Wide range of penalties Triable “either way” Magistrates’ Court v. Crown Court

6 Prosecution Process Offence Reported Investigation Interview Assessment of Evidence Prosecutors Code

7 Prosecution Process (2) The Information Summons Supporting Documents Plea Allocation Sentencing/Adjourn for trial/Committal

8 Section 215 Notices Town and Country Planning Act 1990 Land adversely affecting the amenity of the area by reason of its condition Investigation Notice Prosecution (Summary Offence) – rarely necessary Works in Default - Charging Order

9 Questions

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