Enforcement of Section 57 Public Health Act 1990

Summary

A request was made to the Department of Environment, Food and Agriculture for details on the enforcement of Section 57 of the Public Health Act 1990 regarding illegal waste deposit, including responsible authorities, internal guidance, and five-year statistics. The response confirms the request was received and processed, but the provided text cuts off before disclosing the specific enforcement details or statistics.

Key Facts

• The request concerns the enforcement of Section 57 of the Public Health Act 1990 regarding illegal deposit of controlled waste and waste tyres.
• The Department of Environment, Food and Agriculture is the authority responding to the Freedom of Information request.
• The request was received on 24 February 2026 and the response was issued on 11 March 2026.
• The requester sought internal guidance, policy documents, and enforcement protocols.
• The requester asked for statistics on reports and enforcement actions over the last five years.

Data Disclosed

• 24 February 2026
• 11 March 2026
• Section 57
• Public Health Act 1990
• Freedom of Information Act 2015
• 5 years
• case_id: 5328633

Original Request

I am submitting a request under the Freedom of Information Act 2015. I am seeking clarity on the enforcement of Section 57 of the Public Health Act 1990, which regulates the illegal deposit of controlled waste, including waste tyres. I would like to understand which public authority is legally responsible for enforcing this section of the Act. In particular, I am requesting confirmation of which body investigates alleged offences, issues warnings or enforcement actions, initiates prosecutions, determines whether an offence has been committed, and takes action when controlled waste such as tyres is dumped on land or in watercourses. If responsibility is shared, please explain how it is divided. I also request copies of any internal guidance, policy documents, enforcement protocols or operational instructions that set out how Section 57 offences are investigated, which officers or units carry out enforcement, how decisions to prosecute are made, how complaints or reports are handled, and in what circumstances matters are referred to other departments, local authorities or the police. If no such documents exist, please confirm this. For the last five years, please confirm how many reports of illegal deposit of controlled waste (including tyres) were received, which authority received them, which authority investigated them, and how many enforcement actions, notices or prosecutions were taken under Section 57. If no enforcement actions were taken, please confirm whether this was due to lack of reports, lack of evidence, lack of jurisdiction, policy decisions, resource limitations, or another reason. If your department is not the enforcement authority for Section 57, please confirm which department is, when and how responsibility was allocated, and under which legislation or administrative decision this allocation was made. Finally, please provide the name of the officer, team or unit that holds operational responsibility for enforcing Section 57. I would prefer to receive the information electronically. If any part of this request requires clarification, please let me know. If any information is withheld, please specify the exemption relied upon.

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 5328633 11 March 2026

Dear ###

We write further to your request, received 24 February 2026, which states:

I am submitting a request under the Freedom of Information Act 2015.

I am seeking clarity on the enforcement of Section 57 of the Public Health Act 1990, which regulates the illegal deposit of controlled waste, including waste tyres. I would like to understand which public authority is legally responsible for enforcing this section of the Act. In particular, I am requesting confirmation of which body investigates alleged offences, issues warnings or enforcement actions, initiates prosecutions, determines whether an offence has been committed, and takes action when controlled waste such as tyres is dumped on land or in watercourses. If responsibility is shared, please explain how it is divided.

I also request copies of any internal guidance, policy documents, enforcement protocols or operational instructions that set out how Section 57 offences are investigated, which officers or units carry out enforcement, how decisions to prosecute are made, how complaints or reports are handled, and in what circumstances matters are referred to other departments, local authorities or the police. If no such documents exist, please confirm this.

For the last five years, please confirm how many reports of illegal deposit of controlled waste (including tyres) were received, which authority received them, which authority investigated them, and how many enforcement actions, notices or prosecutions were taken under Section 57. If no enforcement actions were taken, please confirm whether this was due to lack of reports, lack of evidence, lack of jurisdiction, policy decisions, resource limitations, or another reason.

If your department is not the enforcement authority for Section 57, please confirm which department is, when and how responsibility was allocated, and under which legislation or administrative decision this allocation was made.

Finally, please provide the name of the officer, team or unit that holds operational responsibility for enforcing Section 57.

I would prefer to receive the information electronically. If any part of this request

requires clarification, please let me know. If any information is withheld, please specify the exemption relied upon.

Please see below our response to your request.

I am seeking clarity on the enforcement of Section 57 of the Public Health Act 1990, which regulates the illegal deposit of controlled waste, including waste tyres. I would like to understand which public authority is legally responsible for enforcing this section of the Act. In particular, I am requesting confirmation of which body investigates alleged offences, issues warnings or enforcement actions, initiates prosecutions, determines whether an offence has been committed, and takes action when controlled waste such as tyres is dumped on land or in watercourses. If responsibility is shared, please explain how it is divided.

Responsibility for matters arising under Section 57 of the Public Health Act 1990, including the illegal deposit of controlled waste such as waste tyres, sits with the Department of Environment, Food and Agriculture (the Department).

Whilst the Department investigates alleged offences it is a matter for the Attorney General’s Chambers further to submission of an investigation file by the Department to determine if charges should be brought and for the Courts to determine if any offence has been committed.

To offer advice and assistance, a copy of the Public Health Act 1990 is available here: Public Health Act 1990

I also request copies of any internal guidance, policy documents, enforcement protocols or operational instructions that set out how Section 57 offences are investigated, which officers or units carry out enforcement, how decisions to prosecute are made, how complaints or reports are handled, and in what circumstances matters are referred to other departments, local authorities or the police. If no such documents exist, please confirm this.

Section 20 – Information accessible to applicant by other means
While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee.

The information that you have requested is here:
ENFORCEMENT POLICY STATEMENT

For the last five years, please confirm how many reports of illegal deposit of controlled waste (including tyres) were received, which authority received them, which authority investigated them, and how many enforcement actions, notices or prosecutions were taken under Section 57. If no enforcement actions were taken, please confirm whether this was due to lack of reports, lack of evidence, lack of jurisdiction, policy decisions, resource limitations, or another reason.

Over the last five years, reports of illegal deposit of controlled waste at unlicensed sites, including waste tyres, were received and investigated by the Department.

The number of complaints recorded and investigated by the Department’s Environmental Protection Unit is as follows:

• 2022 – 29 reports • 2023 – 71 reports • 2024 – 18 reports • 2025 – 41 reports • 2026 – 10 reports

The Department’s response to these reports has involved site visits, direct contact with landowners or operators, and written communication outlining potential breaches of the Public Health Act 1990 and the actions required to cease illegal waste activities. One enforcement notice was issued to a waste operator during this period. In all other cases, the issues identified were resolved following the Department’s intervention, and no further enforcement action was required.

One investigation file relating to an alleged offence under Section 57 was submitted to the Attorney General’s Chambers in the last five years. This case concerned the unlicensed deposit of waste at a site in a field near Andreas in 2022. The individual involved pleaded guilty, and the matter was reported in the local press.

Finally, please provide the name of the officer, team or unit that holds operational responsibility for enforcing Section 57.

The operational responsibility for enforcing Section 57 of the Public Health Act 1990 sits with the Environmental Protection Unit within the Department.

Enquiries can be directed to the Environmental Protection Unit at: environmentalprotection@gov.im

Please quote the reference number 5328633 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on:

1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or

2. Whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.

More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im.

Should you have any queries concerning this letter, please do not hesitate to contact me.

Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.