The unlawful discharging, disposal, or dumping of waste, often referred to as ‘illegal dumping’ or ‘fly tipping’, is a problem that affects both individuals and the community, with rural areas an easy target
Environmental impact
The biggest impact of the unlawful dumping of waste is its impact on the environment.
Chemicals, paint, oil, asbestos board, and other rubbish and pollutants released into the soil or waterways can contaminate our groundwater, streams, and rivers, leading to the deterioration of our water quality. This contamination can then move into the food chain, affecting water life, marine animals, wildlife, stock, and, potentially humans who rely on these water sources for drinking, agriculture, and other activities. People living near these illegal dumpsites, or needing to use the water, can risk exposure to hazardous or toxic substances that can lead to severe health issues.
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Dumping waste poses environmental and health issues
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Financial impact
The financial cost of cleaning up illegal dump sites and mitigating their impact creates unnecessary demands for our councils. Clean-up efforts can be expensive and time-consuming, stretching the budgets of our councils and incurring significant costs for ratepayers.
Councils are acting to educate against illegal dumping and to prosecute those caught. In doing so, they rely heavily on locals notifying them of illegal dump sites and of them reporting behaviour and actions that are polluting or damaging
the environment.
A serious offence
Illegal dumping is a serious offence, and councils can, and will, enforce environmental laws and regulations.
Prosecutions for illegal dumping can be brought under the Litter Act 1979, the Resource Management Act 1991 (RMA), regulations and under council bylaws. Section 15 of the RMA specifically addresses the offence of illegal dumping to the environment and coastal marine areas and from ships and offshore installations. Fines vary under statutes, regulations, and bylaws depending on the severity of the dumping and the amount of waste involved. The quantum can range from several hundred dollars to tens of thousands of dollars and, in severe cases, imprisonment.
Illegal discharge of waste in Southland
In Southland in 2019, a landowner was fined $25,000 for discharging waste oil onto land where it could enter the water. The oil was stored as part of a private heating facility where it was to be used for heating a swimming pool. The fine given was for the discharge; an enforcement order was made for an environmental report to be completed. Instead of completing the report, the landowner sold the heating system and storage facility.
This year, a subsequent case was brought for the landowner breaching the enforcement order by not completing the report, resulting in a further fine of $15,000, plus court costs and lawyer fees.
Funeral home prosecuted
In June, a funeral home was prosecuted by the local council for the illegal discharge of smoke from its crematorium, which affected the residents of neighbouring properties. The funeral home was fined $70,000 and ordered to pay $15,000 in reparation to its victims for emotional harm.
The unlawful discharge or dumping of waste can inflict damage on the environment, wildlife, and human health and inflicts costs on us all. It seems only prosecutions and fines will bring such behaviour to an end.
John Sheddan is a director of Gore law firm, Sheddan Pritchard Law Ltd. He specialises in rural and commercial issues involving rural and residential property sales, business sales, leases, and subdivisions.
Sheddan Pritchard Law Ltd is a member of NZ LAW Limited, an association of 59 independent law firms practising in more than 100 locations.
Information given in this column should not be a substitute for legal advice.
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