The cross-party committee raised concerns over the level in its 11th Report of Session 2026-27, published on 10 September 2026, which scrutinised the Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2026.
Given the “significant environmental damage and costs to the taxpayer” caused by fly-tipping, it questioned whether the new maximum would be an adequate deterrent in the most serious cases.
The committee said these cases “appear to be the result of large-scale commercial or organised criminal activity” and highlighted that issuing a fixed penalty means an offender cannot subsequently also be prosecuted criminally for the same offence.
It suggested that the House may wish to press the minister further on whether the £5,000 upper limit is sufficient.
‘Drop in the ocean’
Baroness Sheehan, Chair of the House of Lords Environment and Climate Change Committee, welcomed the scrutiny committee’s concerns.
She said the £5,000 maximum was “a drop in the ocean” for organised crime groups making money from illegal waste dumping.
Baroness Sheehan also pointed to the Environment Agency’s existing enforcement powers, including restricting access to sites, imposing unlimited fines and pursuing custodial sentences of up to five years.
She called on the Government to ensure these powers are used “consistently” and “decisively”.
The comments come as the Government continues to implement measures under its Waste Crime Action Plan, which includes an additional £45m for the Environment Agency.
The Environment Agency secured 234 prosecutions against waste criminals in the three years to March 2026, resulting in more than £2.2m in fines, 22 immediate custodial sentences and 60 suspended sentences, according to figures given to the Lords in June.
£5,000 maximum fixed penalty
The £5,000 maximum fixed penalty for fly-tipping is a recent increase from the previous £1,000 limit.
The Government announced the increase in July, describing it as a 400% uplift. It was subsequently included among a wider package of measures announced by Defra in August to tackle fly-tipping and waste crime.
The August announcement also included proposals for councils to issue conditional cautions requiring offenders to carry out up to 20 hours of unpaid clean-up work, as well as powers to recover the costs of clearing up fly-tipping directly from offenders.
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