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Cancel householder jeopardy for flytipping by a trader

Comment 8th July 2010

Current law makes a Householder liable if a tradesman who has carried out work for them flytips waste taken from the worksite in the Householder's premises.  This is deeply offensive, as a householder has no 'mens rea' of the crime committed i.e. is not 'responsible' for the criminal act.  It is not for members of the public to act as enforcement agents for the State.  The majority of householders will not even know of the liability in lae; and those who do have no means of confirming that a 'certificate' presented to them by the contractor is real or not.

Why does this matter?

Infringes basic tenet of the law regarding responsibilities for criminal acts committed; and has very substantial risks of unknowing infringement by law-abiding people. Deeply offensive as a matter of principle.

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