Points of no return
Government plans police-style powers for Environment Agency in waste crime crackdown

Defra has announced plans to extend police-style enforcement powers to Environment Agency officers and introduce driving licence penalties for fly-tippers as part of a forthcoming waste crime action plan.

Image depicting two men flytipping waste out of a white van onto a country lane
© Resource Media

Environment Agency enforcement officers are set to receive powers under the Police and Criminal Evidence Act (PACE) and the Proceeds of Crime Act 2002 (POCA), allowing them to intervene earlier against organised waste crime networks and disrupt their finances.

The measures, announced by Environment Secretary Emma Reynolds and Crime and Policing Minister Sarah Jones on 15 March, form part of a forthcoming waste crime action plan. Another proposal floated would see fly-tippers receive penalty points on their driving licences, with disqualification possible once 12 points are accumulated within three years.

Waste criminals caught transporting or dealing with waste illegally would face up to five years in prison under the new legislation. The government is also exploring information-sharing arrangements with banks and finance companies to help trace the proceeds of waste crime.

"Waste crime is a disgrace. It blights our countryside and communities, damaging our environment and economy," Reynolds stated.

The announcements come with fly-tipping incidents at a record 1.26 million in 2024/25 and court fines falling to just 1,250 across England. The EA's own enforcement budget has been increased by more than 50 per cent to £15.6 million, and between July 2024 and the end of 2025 the agency shut down 1,205 illegal waste sites. A 33-strong drone squad equipped with LIDAR and an expanded Joint Unit for Waste Crime (JUWC) are also now in place.

Separately, the government has published new guidance for councils on identifying, seizing and disposing of vehicles used in fly-tipping. Under the driving licence proposal, offenders would accumulate penalty points in the same way as motoring offences, with disqualification following 12 points within three years.

Both CIWM and the Environmental Services Association have welcomed the proposals. Jacob Hayler, ESA executive director, described them as "potentially a pivotal moment in the fight against waste crime."

Implementation of the new powers is subject to parliamentary time.

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How will the government and DMOs address the challenges of including glass in DRS while ensuring a level playing field across the UK?

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There's no easy solution to include glass in the DRS while maintaining a level playing field. Potential approaches include a phased introduction of glass, potentially with higher deposits to reflect its logistical challenges. The government and DMOs could incentivise innovation in glass packaging design and subsidise dedicated return points for glass-handling. Exemptions for smaller businesses unable to handle glass might also be necessary. Any successful solution will likely blend several approaches. It must address the differing priorities of devolved administrations, balance environmental benefits with logistical and cost implications, and be supported by robust consumer education campaigns emphasizing the importance of glass recycling.