EIR Request - Flytipping Offences 2010 to 2018

Request 101002167641

1. How many flytipping incidents in the county that your authority controls were reported to Moray Council, Police Scotland (including then Grampian Police) and the Scottish Environmental Protection Agency between 2010 and 2018?
2. How many flytipping cases were dropped between 2010 and 2018 because the evidence was found to be tampered with? Also, how many were dropped due to fears of reprisals from the reported offender(s)? How many were also dropped due to lack of evidence?
3. Can the citizens of the Moray area set up their own covert surveillance cameras to capture flytippers in the act themselves? If so, apart from Article 8 of the European Convention on Human Rights (especially regarding section 2 on privacy being exempt in the interest of preventing crime and disorder) what exact laws need to be taken into consideration which includes regards to the Information Commissioner’s Office? If high-quality footage of an offence was successfully captured, can the footage be used in court?
4. What is the Litter Control Strategy that Moray Council has to abide by when investigating flytipping cases along with dog fouling and littering cases?

Response 28-05-2019

1. Please note that the below figures are only those held by Moray Council. Although the Council does receive reports from the Police, in accordance with section 10(4)(a) of the Environmental Information (Scotland) Regulations 2004 we are unable to confirm the number of incidents reported to Police Scotland or SEPA and advise that you contact them directly.

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2. In accordance with section 10(4)(a) of the Environmental Information (Scotland) Regulations 2004 please be advised that this information is not held.

3. Individuals requesting advice regarding the installation of CCTV are directed to the Information Commissioners Office. Although Moray Council have not submitted CCTV footage as evidence for any fly tipping cases referred to the Procurator Fiscal, it would be accepted.

4. Antisocial Behaviour etc. (Scotland) Act 2004 Section 33A Environmental Protection Act 1990 Section 33(1) Dog Fouling (Scotland) Act 2003 Section 3

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