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New Agricultural Waste Regulations

John Pitts
06/11/2006 John Pitts FRICS FAAV Partner John carries out professional work including valuations, inheritance tax planning and property portfolio management.


WasteThe new agricultural waste regulations came into force on 15th May 2006.   Farmers must register with the Environment Agency for any waste exemptions before 15th May 2007.

There are 48 different exemptions from which The Environment Agency have identified 26 that apply to farming and agriculture.

John Pitts of Fisher German’s Ashby office warns, “You may be surprised which activities are listed as requiring registration for exemption.  The key ones are listed below.  This is not an exhaustive list and you should check with the Environment Agency if in any doubt.”

He continues, “The Environment Agency is expecting most farmers to register at least one exemption and so will target their inspections on those who are not registered. If farmers do not register exemption for an activity they are carrying out, they are committing an offence. The Environment Agency can serve notices to stop an activity and/or require remedial works.  Where a criminal offence has occurred, they look likely to prosecute. ”


• Burning waste plant tissue in the open. Includes:
i. Material from fallen or felled trees
ii. Hedge trimmings
iii. Untreated timber from fence mending
iv. Cereal straw or stubble

• Spreading of dredging & plant material cleared from inland waterways. Includes:
i. Clearing debris from streams and ditches and depositing it along the banks

• Beneficial use of waste. Includes:
i. Using waste paper as animal bedding
ii. Use of tyres on a silage clamp
iii. Use of additive drums to hold water

• Composting biodegradable waste from agricultural premises. Includes;
i. Composting bracken, hedge trimmings, wood chippings, spoiled straw, wood or paper based bedding

• The storage and use of building wastes from agricultural premises in construction. Includes:
i. Using building rubble from a demolished farm building to make a farm track or improve a gateway
ii. Note: a farmer can not use non-agricultural material unless they register for a separate non-agricultural exemption
iii. Road scalpings: There has been a change of policy for the use of road scalpings on farms. Farmers are now allowed to use up to 150 tonnes per year for the construction, repair or maintenance of farm roads and tracks but they must advise the Environment Agency.

• Spreading of waste on land for agricultural benefit or ecological improvement. Includes:
 i. Spreading compost made from composted crops and other plant material
 ii. Spreading dredging from ditch clearance
 iii. Note:  manure and slurry is not a waste if it is used as a fertiliser

• Chipping, shredding, cutting or pulverising waste plant matter. Includes:
 i. Chipping of logs or any plant material to store
 ii. Chipping, shredding, cutting or pulverising of wood waste so that it can be transported easily
 iii. Baling and storing wood shavings

• Deposit of plant tissue at the place of production.
  i. Note: you are allowed to plough in crop residues without an exemption

• Baling, compacting, shredding or pulverising waste at the place of production.

• Storing non-liquid waste not at the place of production.

• Spreading diluted milk on land for agricultural benefit.

• Burning waste as a fuel in appliance or appliances. Includes:
i. Burning waste wood and straw in burners used to heat buildings or in boilers to heat water tanks and associated storage

Storage prior to collection: There is an exemption allowing farmers to store waste for up to 12 months prior to collection e.g. Tyres.  No registration is required.
 
Agricultural waste is defined as any waste produced at agricultural premises as a result of an agricultural activity.  The definition of Agriculture is as stated in the Agricultural Act 1947, therefore, equestrian premises are not agricultural.

In registering for an exemption, a farmer is agreeing to comply with the rules and limitations of the exemption.  This usually limits the quantity of waste.  The rules are set out in the Waste Management Licensing Regulations 1994 and are also summarised in a guidance booklet produced by the Environment Agency.

Most exemptions will not require re-registering so long as there are no changes in the way the activity is being carried out (e.g. location or person carrying out the activity).  There are a few exemptions that are considered high-risk, which also require registering annually.  Exemptions can be removed at any time, if an inspection finds that the rules are not being complied with or that the activity is not being carried out.

Registration for any of the above exemptions is free of charge.


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