Cracking Down on Waste Crime | Environment Agency Restriction Orders
Waste crime includes a wide range of illegal activities such as the unlawful disposal or burning of waste, the illegal export of waste, the misdescription of waste, the operation of illegal waste sites and breaches of environmental permits, amongst others.
The Environment Agency (EA) has many responsibilities, including regulating major industry and waste activities, the treatment of contaminated land and protecting water quality. The EA is generally not responsible for clearing illegal waste, this is typically down to the relevant local authority, which also takes the appropriate enforcement action. However, the EA’s Economic Crime Unit can and will target the financial proceeds of offending. This includes targeting money and assets through account freezing orders, confiscation orders, and the seizure of cash.
Whilst the true scale of waste crime is not known, it is estimated that over thirty-eight million tonnes of waste is illegally managed each year costing the economy in the region of £1billion annually.
Notable examples include events at Hoads Wood, near Ashford, where thirty thousand tonnes of waste was illegally dumped. Another was a site in Oxfordshire, between the River Cherwell and the A34 near Kidlington, where a pile of waste four hundred and ninety feet long and twenty feet high has caused local residents to become concerned about the damage being done to the River Cherwell.
John Veale of KANGS outlines the existing powers available to tackle the dumping of waste in the form of Restriction Notices and Restriction Orders.
Illegal Waste Site Near Kidlington
The massive tipping in Kidlington was visited by the Chair of a House of Lords committee, Baroness Shas Sheehan, who stated that the Government’s efforts to fight waste crime are “not sufficient to deal with the problem.” She expressed concern that the Environment Agency had not mentioned the illegal dumping at Kidlington, which it was already aware of when it gave evidence to the House of Lords Environment and Climate Change Committee in 2025.
At this Inquiry, evidence was taken regarding waste crime in England with a focus on serious and organised crime. Evidence provided by Dr Anna Willets stressed that the Environment Agency is already equipped with robust legal powers, including the ability to issue Restriction Notices and Restriction Orders, to shut down offending sites.
Although no formal report was issued, Baroness Sheehan, compiled key findings and specific recommendations in a detailed letter to the Secretary of State for Environment, Food and Rural Affairs, Emma Reynolds dated 28th October 2025.
In that letter, which expressed deep concern about the inadequacy of the current approach to tackling waste crime, it was stated that credible evidence had been gathered of numerous specific examples of the failures of the Environment Agency to, amongst other issues, “effectively utilise the powers available to it to stop the mass illegal dumping of waste.”
The Relevant Law
The Environment Act 1995 provides as follows.
S.109 Power to deal with cause of imminent danger of serious pollution etc.
Where an authorised person has reasonable cause to believe that any article or substance found on premises is a cause of imminent danger of serious pollution of the environment or serious harm to human health, he may seize it and cause it to be rendered harmless.
S. 109A Power to issue Restriction Notices
An authorised person may issue a Restriction Notice in relation to premises where there is, or was, a regulated facility or an exempt facility if the person is satisfied that the following conditions are met:
- there is a risk of serious pollution to the environment or serious harm to human health which is a result of the treatment, keeping, deposit or disposal of waste in or on the premises, and
- the Notice is necessary to prevent that risk from continuing.
Restriction Notices
The purpose of a Restriction Notice is to prohibit access to, and the importation of waste into, the premises or a specified part of the premises. Where a Restriction Notice is issued, the appropriate agency may do anything necessary to secure the premises against access in contravention of the Notice.
A Restriction Notice has effect for the period specified in the Notice, which may not exceed seventy-two hours.
A Restriction Notice must, amongst a number of requirements:
- identify the premises, or part of the premises to which it applies,
- explain the effect of the Notice,
- state that failure to comply with the Notice is an offence,
- set out the penalties applicable to a person guilty of an offence.
Before issuing a Restriction Notice, the appropriate agency must make reasonable efforts to:
- inform the occupier and the owner of the premises that the Notice is going to be issued,
- consult the occupier and the owner of the premises on the arrangements for access to the premises, or the particular part of the premises, for any purpose.
It is an offence to contravene a Restriction Notice, without reasonable excuse, and upon conviction following breach an offender may be fined, imprisoned for a term not exceeding six months, or both.
Restriction Orders
An Application for a Restriction Order must be made to the court within seventy-two hours of service of the Restriction Notice unless the Notice is withdrawn.
However, the Court may adjourn the Hearing of the Application for a period of up to fourteen days from the date the Notice was served, upon request of either party, if considered necessary.
Upon either the granting or refusal of a Restriction Order, a Restriction Notice becomes ineffective, although the Court may extend the validity of a Restriction Notice for an additional period of up to seventy-two hours.
A Restriction Order must:
- identify the premises, or part of the premises, to which the Order applies,
- explain the effects of the Order,
- make clear that failure to comply with the Order is an offence,
- state that the removal of a copy of a Restriction Order fixed to a normal means of access to the premises is an offence,
- set out the penalties applicable to a person guilty of an offence.
A Restriction Order has effect for the period specified in the Order, which may not exceed six months.
The Court may make a Restriction Order in relation to premises where there is, or was, a regulated facility, or an exempt facility if satisfied that the following conditions are met:
- there is a risk of serious pollution to the environment or serious harm to human health which is a result of the treatment, keeping, deposit or disposal of waste in or on the premises, and the Order is necessary to prevent that risk from continuing.
- in relation to the treatment, keeping, deposit, or disposal of waste in or on the premises, a person has contravened specified sections of the Environmental Protection Act 1990 or Environmental Permitting Regulations, contravened or failed to comply with an Environmental Permit Condition or a variety of notices such as an Enforcement Notice or a Suspension Notice.
How Can We Assist?
The expectation, following the committee’s inquiry is that Restriction Notices and Restriction Orders will now be deployed more proactively and frequently by the Environment Agency
KANGS advises and supports individuals and corporate entities at every stage of alleged environmental waste offences. For businesses affected by the receipt of a Restriction Notice, whether it is restricted access to the whole or part of their land, can have an immediate and significant impact to their daily operation. This is particularly the case where the Environment Agency has exercised its powers by securing gates, installing barriers at entry points or erecting fencing along property boundaries.
If you are served with notification that a Restriction Notice or Restriction Order may be imposed, it is essential to obtain immediate professional advice and guidance. Early support from the team at KANGS can help you understand the process, your obligations, and the options available to you.
Where you have been, or anticipate that you may be, charged with an offence under environmental legislation, again, immediate legal advice is essential. You should not engage in any form of interview or questioning, regardless how routine or informal it may appear, without first obtaining advice from our solicitors.
If we can be of assistance, please do not hesitate to contact us using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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