Costs for investigation & seizure - EPA 1990 s.33A
Court may order offender to pay enforcement authority's investigation and vehicle seizure costs, including disposal of contents, under EPA 1990 s.33A.
33A This section applies where a person is convicted of an offence— under section 33 above, in respect of a contravention of subsection (1) of that section; under regulation 38(1) of the Environmental Permitting Regulations , in respect of a waste operation or a mining waste operation . The court by or before which the offender is convicted may make an order requiring him to pay to an enforcement authority a sum which appears to the court not to exceed the costs arising from— investigations of the enforcement authority which resulted in the conviction; and the seizure by the enforcement authority under section 34B below of a vehicle involved in the offence. The costs arising from the seizure of a vehicle as specified in subsection (2)(b) above may include the cost of disposing of the contents of the vehicle. The power of a court to make an order under this section is in addition to its power to make an order under section 18 of the Prosecution of Offences Act 1985 (award of costs against accused). In this section “ enforcement authority ” means the Environment Agency , the Natural Resources Body for Wales or a waste collection authority.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section applies when someone is convicted of a waste offence under section 33 of the Environmental Protection Act 1990 or under the Environmental Permitting Regulations. The court can then order the offender to pay the enforcement authority's costs of investigating the offence that led to the conviction, and also the costs of seizing a vehicle under section 34B of the same Act. These costs can include the cost of disposing of the contents of the vehicle.
The enforcement authority is the Environment Agency, the Natural Resources Body for Wales, or a waste collection authority. This power to order costs is separate from and additional to the court's general power to award costs against an accused under section 18 of the Prosecution of Offences Act 1985.
When it applies
- A person is convicted of illegally depositing waste on land; the Environment Agency spent money on investigations before the conviction, and the court orders payment of those costs.
- A vehicle used to transport waste illegally is seized under section 34B; the court orders the offender to pay the seizure costs and the cost of disposing of the waste inside the vehicle.
- A waste collection authority investigates a fly-tipping incident and the offender is convicted; the court orders the offender to reimburse the authority's investigation costs.
- The Natural Resources Body for Wales seizes a lorry involved in a mining waste operation offence; the court orders the offender to pay the costs of towing and storing the lorry and disposing of its load.
What this section does not say
- This section does not cover the costs of cleaning up the waste itself – that is dealt with under section 33B (clean-up costs).
- It does not provide for forfeiture of the vehicle – that is covered by section 33C (forfeiture of vehicles).
- It does not apply to fixed penalty notices for minor waste duty of care offences – those are under section 34A.
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This page reproduces the text of EPA 1990 s. 33A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.