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An investigation into building waste fly tipped on MoD land in Aldershot has led to the conviction of two men for failing to meet their legal responsibilities to deal with waste properly - and court fines and costs totalling over £2,300.

At Basingstoke Magistrates’ Court on Tuesday 18 October, Derek Haynes (57) of no fixed address and formerly of St George’s Road, Aldershot, and Philip Kellett (79) of Virginia Gardens, Farnborough, both admitted failing to meet their waste duty of care, contrary to the Environmental Protection Act 1990. 

Haynes was fined £800 and ordered to pay £500 towards the council’s costs of bringing the prosecution and a £80 victim surcharge. Kellett was fined £650 and ordered to pay £250 costs to the council and a £65 victim surcharge.

The court heard that Haynes operated a waste collection business and around February 2021, he was paid to collect waste from Kellett’s rental property and another in Peabody Road, Farnborough.

In March 2021, a fly-tip containing building waste was discovered on Bourley Road by an MoD police officer and the matter was reported to Rushmoor Borough Council, which began an investigation.

The court was told that Haynes had failed to take the necessary measures to prevent waste from being fly tipped because he had transferred waste to an unauthorised person and had not given a written description of the waste to them.  

Kellett similarly failed to ensure that he had received a written description of the waste from Haynes and did not check he was a registered waste carrier. 

Haynes apologised to the court, admitted that he had made a mistake, and emphasised that Kellett was not to blame.

The Environmental Protection Act 1990 places a legal duty of care on anyone dealing with waste requiring them to keep it safe, make sure it is dealt with responsibly and only given to businesses authorised to take it. A separate duty applies to householders, which requires them to take all reasonable measures to ensure that their waste is only transferred to an authorised person, such as a registered waste carrier.

For further information about the waste duty of care and to check a waste carrier is registered, please see the fly tipping information on Hampshire County Council's website.


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