A Brief Guide to the Registration of Agricultural Waste Exemptions

From May 15th, 2007 every agricultural holding will have to have completed a 'Registration of Agricultural Waste Exemptions'. Agricultural waste is any waste produced as a result of an agricultural activity and the Environment Agency has produced an information pack to make all farmers aware of the new regulations regarding waste disposal. Under the new legislation, agricultural waste now has to be dealt with in the same way as any other business.

Examples of exemptions include burning waste plant tissue in the open, spreading of dredgings or burning waste in an incinerator. The majority of agricultural holdings will only require a few exceptions in order to cover the general day to day activities and the application process is on this front, for once, simple. There are, however, attached to each exemption conditions and limits which are detailed in guidance book accompanying the exemptions form. Slurry and manure is not classed as waste so long as it is used as a fertiliser on agricultural land and thus there is no exemption. The advice from the Code of Good Agricultural Practice (DEFRA) regarding slurry and manure spreading must still however be abided by.

The agricultural waste exemptions come under four categories:

• Common Farming Exemptions:
  Such as spreading of dredging from inland waterways, beneficial use of waste and bailing and shredding waste. Most agricultural holdings will need these exemptions.
• Less Common Framing Activity Exemptions:
  Such as burning waste as fuel in an appliance or burning waste from a portable toilet.
• Conditional Exemptions:
  Required only if you have a number a farms and want to collect and treat wastes at a single location, or if you diversify into a business that deals solely with recycling agricultural waste. Examples include crushing bricks, treatment and cleaning of packaging so that they can be re-used and manufacture of finished goods from waste.
• Complex Exemptions:
  Such as composting biodegradable waste from agricultural premises and spreading waste on land that has been subject to industrial or man made development, for the purpose of reclaiming, restoring or improving that land. Where you can not comply with the limits set to each exemption, a more complex form asking for more detailed information and a risk assessment will have to be completed.

Most exemptions are free and are valid for as long as the activity is carried out on the specified location. Two exemptions (7A and 19A) require an initial fee and an annual renewal. There will be inspections to check the conditions and limits to the exemptions are being maintained.

Further information is provided in the Guidance booklet that accompanies the Exemptions Form. Also the 'frequently asked questions' pamphlet, included in the Registration Pack, provides answers to many potential questions. If you have any queries regarding waste exemption or the application for it, please do not hesitate to contact me or Andrew Samuel.

Dan Page
March 2007