The Scottish Government has accepted proposals to implement new legislation to target ‘those who carry out criminal activity impacting on Scotland’s environment’.

The Economy, Energy and Tourism committee has today (4 December) agreed to amend the Regulatory Reform (Scotland) Bill so that environmental crime (including waste crime) is further improved.

Specifically, the committee accepted proposals made by the Environmental Crime Taskforce (ECTF) in its July 2013 report that will grant the Scottish Environment Protection Agency (SEPA):

Amended powers of entry

Under the new bill, SEPA, or a person authorised by SEPA, may enter premises when ‘determining whether, and if so to what extent, any financial benefit has accrued or is likely to accrue to a person in connection with an offence…which the authorised person reasonably believes is being or has been committed’.

Powers to seize documents

In regards to seizing documents, the amendment specifies that SEPA may authorise persons to ‘enter, to search the premises and seize and remove any documents found in or on the premises which he has reasonable cause to believe – (i) may be required as evidence for the purpose of proceedings relating to an offence under any of the pollution control enactments, or under section 31(1) of the Regulatory Reform (Scotland) Act 2013, which he reasonably believes is being or has been committed; or (ii) may assist in determining whether, and if so to what extent, any financial benefit has accrued or is likely to accrue’.

The bill also sees a reduction in the notice period required to bring heavy plant and/or machinery onto a site.

The amendments follow on from the bill’s recommendation that allows SEPA to:

• impose fixed and variable monetary penalties;
• publicise the criminal activities of non-compliant operators;
• recover the costs incurred throughout investigation and enforcement processes; and
• restrict the grant of environmental permits or registration to those who are not considered 'fit-and-proper persons'.

Accepting the recommendations laid out by the Environmental Crime Taskforce, Scottish Environment Minister Richard Lochhead said: “Criminal activity which hurts our environment is something which the Scottish Government refuses to tolerate. We in Scotland have won the natural lottery and any activity which threatens our beautiful country must be stopped."

Waste Crime Team

SEPA has also announced the creation of a Waste Crime Team to lead investigation directed at ‘tackling the most serious waste crime offenders in Scotland’.

Working in partnership with law enforcement agencies, such as Police Scotland, the new Waste Crime Team will work ‘to identify and disrupt serious organised crime within the waste sector’.

Although officially established this week, the Waste Crime Team will see members of staff recruited between now and January 2014, with the expectation that the team will be 'up and running' in 'early January'.

Speaking of the formation of the group, Calum MacDonald, SEPA Executive Director, said: “The waste industry is a cash-rich environment and the significant sums of money involved make it attractive to those with an interest in money laundering. We have been working at Europol and INTERPOL level to progress our understanding of the issues, especially around international movement of waste. The investigatory processes and activities required to identify those involved [need] a specialist, focused approach, which this new team can provide…

"What we are tackling with this new team is deliberate and sustained law breaking by those who do not care what impact their actions are having on the local environment and communities. In addition, we are seeking to change the behaviour of waste producers, in an attempt to disrupt the flow of waste at the source. Law abiding members of the waste community must understand that they have a vital role to play in preventing this kind of crime, by ensuring they understand their obligation to only deal with other legitimate businesses.”

Lochhead added: “The creation of the Waste Crime Team will undoubtedly help in the fight against those who hold no regard for Scotland’s environment. It is only right that we do all we can to make sure to deter criminals who give no consideration to Scotland’s environment.”

Chartered Institution of Wastes Management (CIWM) Chief Executive Steve Lee has welcomed the announcement, saying: “The damage inflicted through waste crime is too often underestimated. There is no place in our society for waste crime, and any initiative that aims to tackle those willfully disobeying legal waste requirements will always be backed with CIWM’s full and unwavering support. This is a serious issue, one that CIWM has raised many times, and we applaud the proactive stance being taken by SEPA.”

The announcement comes as the Environment Agency in England wraps up the work of its £5 million Illegal Waste Sites Task Force, which closed a ‘record’ total of 1,279 sites between April 2012 and March 2013, equating to a 70 per cent increase on 2011/12 figures.

Read more about the Regulatory Reform (Scotland) Bill or the Waste Crime Team.