ARCHIVE: Waste management licensing exemptions (legal text)

Paragraph 9A - Land Reclamation or improvement of land

Agricultural activities this may apply to:

Land reclamation schemes for land that has been damaged by industrial or other man made development

What the exemption says in the regulations:
  1. Subject to sub-paragraph (2)

    1. the spreading of any kind of wastes from the corresponding source listed in Part 1 of Table 2AA on any land; or
    2. the spreading of any kind of waste from the corresponding source listed in Part 2 of the Table on any land where that activity results in benefit to agriculture or ecological improvement.

Table 2AA
(Note: the 'kind of waste' must come from the respective source stated on the left)

Source of Waste Kind of Waste
PART 1
Wastes from physical and chemical processing of non-metalliferous minerals Waste gravel and crushed rocks
Waste sand and clays
Wastes from sugar processing Soil from cleaning and washing beet
Wastes from power stations and other combustion plants (except wastes from waste management facilities, off-site waste water treatment plants and the preparation of water intended for human consumption and waste for industrial use) Pulverised fuel ash, bottom ash and slag
Wastes from manufacture of ceramic goods, bricks, tiles and construction products Waste ceramics, bricks, tiles and construction products (after thermal processing)
Wastes from manufacture of cement, lime and plaster and articles and products made from them Waste concrete and concrete sludge
Concrete, bricks, tiles and ceramics Bricks
Tiles and ceramics
Mixtures of concrete, bricks, tiles and ceramics
Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, palletising) not otherwise specified. Minerals (for example sand, stones)
Wastes from soil and groundwater remediation Solid wastes from soil remediation (other than those containing dangerous substances)
Garden and park wastes (including cemetery waste) Soil and stones
Soil (including excavated soil from contaminated sites), stones and dredging spoil Track ballast other than those containing dangerous substances
PART 2
Wastes from pulp, paper and cardboard production and processing De-inked paper sludge and de-inked paper pulp
Lime mud waste
Soil (including excavated soil from contaminated sites), stones and dredging spoil Soil and stones other than those containing dangerous substances
Dredging spoil other than those containing dangerous substances
Wastes from aerobic treatment of solid wastes Compost
Wastes from waste water treatment plants Sludges from treatment of urban waste water
Wastes from the preparation of water intended for human consumption or water for industrial use. Sludges from water clarification
Wastes from soil and groundwater remediation Sludges from soil remediation (other than those containing dangerous substances)
  1. Sub-paragraph (1) applies only where—
    1. the waste is spread for the purpose of reclamation, restoration or improvement of land which has been subject to industrial or other man-made development, and the use to which that land could be put would be improved by the spreading;
    2. the waste is spread in accordance with any requirement in or under the Town and Country Planning Act 1990;
    3. the waste is spread to a depth not exceeding the lesser of 2 metres or the final cross-sections shown on a plan submitted under regulation 18AA of these Regulations; and
    4. no more than 20,000 cubic metres of waste is spread per hectare.

  1. The secure storage for a period not exceeding six months, at the place where it is to be spread, of waste intended to be spread in reliance upon sub-paragraph (1).
Activities to which this exemption may apply:

Recovery (Spreading waste on land to reclaim or improve the land provided it results in agricultural or ecological benefit) and the associated storage of the wastes.

Who do I register this activity with?

The Environment Agency via Whole Farm Approach or by filling in the Agricultural Waste Registration Pack which you can obtain by calling 0845 603 3113. See also:

Is there a fee payable?

No if the waste is only waste produced on agricultural premises and is either concrete, bricks, tiles, soils, stones, dredging or compost

Yes in all other cases

Where can I obtain more information?
  1. The Environment Agency’s website for information of agricultural waste, waste management and exemptions http://www.environment-agency.gov.uk/
  2. NetRegs, which gives advice to small businesses on the laws that affect them www.netregs.gov.uk
  3. The Office of Public sector Information to look at and obtain copies of the acts of parliament regulations http://www.opsi.gov.uk/acts.htm
ADLib logo Content provided by the Agricultural Document Library
© University of Hertfordshire, 2011