Summary

The purpose of the Anti-social Behaviour Act 2003 is to provide the tools for practitioners and agencies to effectively tackle anti-social behaviour. It builds on existing legislation to clarify, streamline and reinforce the powers that are available to practitioners. Measures have been designed to combat:

• Local troublemakers and intimidating groups
• Nuisance neighbours
• Crack houses
• Air weapons and imitation firearms
• Graffiti and vandalism
• Fly-tipping and litter
• Beggars
• Abandoned cars
• Trespassers

Implications

The key element of this legislation that affects the construction industry is the development of Flycapture. This is the national database of fly-tipping incidents that has been set up by Defra, the Environment Agency and the Local Government Association to get a better picture of the problem of illegally dumped waste. The information provided will help users develop local enforcement strategies in partnership with key stakeholders. It will report on the nature and scale of fly-tipping, and the vehicles believed to be involved.

This new system has now brought fly tipping more into the public domain, therefore local authorities have to be seen to be doing more to combat it.  They also have to report and record all instances.  Managers of construction sites will need to ensure their waste is being disposed of properly by their own company, and by any contractors they give waste to, or they risk being fined.  This could involve souring new waste contractors etc.

Overlaps

This will overlap with other legislations which deal with fly tipping, such as Site waste management plans, and the Clean Neighbourhoods And Environment Act 2005.

Opportunities

All waste companies will now have to dispose of waste properly, therefore those that haven't being doing this in the past may now have to bring up their prices.  This will present opportunities for those that have always been disposing of waste correctly, as the prices of other will rise, making their prices more competitive.