The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2026
Revised upwards the maximum fixed penalty fines for fly-tipping and littering offences in England effective 1 September 2026.
These Regulations increase the maximum financial penalties that local authorities in England can impose for environmental offences including littering, fly-tipping, graffiti, and fly-posting.
The instrument raises the upper limit for fly-tipping fines to £5,000 and increases the maximum penalty for general littering to £750.
These changes apply to principal litter authorities and relevant local authorities in England, providing them with a broader range within which to set specific penalty amounts for their jurisdictions.
Arguments For
The regulations increase the maximum financial penalties available to local authorities to address environmental non-compliance.
Proponents argue the higher limits provide a greater deterrent against waste deposit offences and littering.
The explanatory note states that the instrument is not expected to have a significant impact on the private, voluntary, or public sectors, justifying the lack of a full regulatory impact assessment.
Arguments Against
Legal commentators may note that increasing maximum limits grants significant discretionary power to local authorities, which could lead to inconsistent enforcement levels between different regions.
Civil liberties groups have previously raised concerns that high fixed penalties for minor offences like littering can disproportionately affect low-income individuals.
Affected parties might question the effectiveness of higher fine limits if local authority enforcement resources remain unchanged.
Citation, commencement, extent and application
- -(1) These Regulations may be cited as the Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2026 and come into force on 1st September 2026.
- (2) These Regulations extend to England and Wales.
- (3) These Regulations apply in relation to England.
This section establishes the official name of the regulations and sets the commencement date for the new penalty limits as 1 September 2026.
While the legal jurisdiction of the document extends to both England and Wales, the specific changes introduced here are restricted in application to England only.
Amendment of the Environmental Offences (Fixed Penalties) (England) Regulations 2017
- -(1) The Environmental Offences (Fixed Penalties) (England) Regulations 2017 are amended as follows.
- (2) For regulation 5 substitute-
' Penalty range: litter, distribution of printed matter, graffiti and fly-posting: 1st April 2019 onwards
- -(1) The amount of a fixed penalty capable of being specified by a principal litter authority under section 88(6A)(a) of the Environmental Protection Act 1990 is not less than £65 and not more than £750.
- (2) The amount of a fixed penalty capable of being specified by a principal litter authority under paragraph 7(4)(a) of Schedule 3A to that Act is not less than £65 and not more than £150.
- (3) The amount of a fixed penalty capable of being specified by a relevant local authority under section 43A(1)(a) of the Anti-social Behaviour Act 2003 is not less than £65 and not more than £500.'
This section updates the 2017 Regulations to increase the maximum fines local authorities can set for specific environmental nuisances.
It raises the upper limit for general littering from £500 to £750, maintains the range for unauthorized distribution of free printed matter between £65 and £150, and sets the range for graffiti and fly-posting between £65 and £500.
Amendment of the Environmental Protection Act 1990
- -(1) The Environmental Protection Act 1990 is amended as follows.
- (2) In section 33ZA(9)(a), for '£1000' substitute '£5000'.
This section amends primary legislation to significantly increase the maximum fixed penalty for unauthorized waste deposits, commonly known as fly-tipping.
It authorizes local authorities to issue fines for this offence up to a new limit of £5,000, rising from the previous limit of £1,000.
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