OpenLegislation

Regulation 8 Dedicated sitesF1I1

England, Wales and Scotland

(F21)

In this regulation—

  • “occupier” means the occupier of a dedicated site;

  • “the actual concentration” means the concentration of any of the substances listed in column (1) of the soil table in the soil of an agricultural unit forming part of a dedicated site; and

  • “the permitted concentration” means the concentration in milligrams per kilogram of dry matter specified for that substance in column (2) of that Table.

C1(2)

Every sludge producer shall notify F3the Environment Agency F4or, in Wales, the Natural Resources Body for Wales in writing as soon as may be after the operative date of the address and area of every dedicated site to which he supplies sludge.

(F53)

Where the actual concentration exceeds the permitted concentration, the occupier shall not:—

(a)

sell or offer for sale any crop grown on the agricultural unit affected except in accordance with the advice referred to in paragraph (4) below; or

(b)

grow any commercial food crops on that unit other than crops intended for animal consumption.

(4)

F6Where the actual concentration exceeds (or if sludge were used would exceed) the permitted concentration, the occupier shall not use sludge on the agricultural unit except in accordance with advice in writing from:—

(i)

in England, the Minister of Agriculture Fisheries and Food F7and the Food Standards Agency;

(ii)

in Wales, the Secretary of State for Wales F8and the Food Standards Agency; or

(iii)

in Scotland, the Secretary of State for Scotland F9and the F10Food Standards Scotland.

Annotations

Textual amendments

F1

Regulations revoked (S.) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 2 (with sch. 23)

F2

Reg. 8(1) substituted (8.5.1990) by The Sludge (Use in Agriculture) (Amendment) Regulations 1990 (S.I. 1990/880), regs. 1(1), 2(6)(a)

F3

Words in reg. 8(2) substituted (1.4.1996) by The Environment Act 1995 (Consequential Amendments) Regulations 1996 (S.I. 1996/593), reg. 1, Sch. 2 para. 5(3)

F4

Words in reg. 8(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 23 (with Sch. 7)

F5

Reg. 8(3) substituted (8.5.1990) by The Sludge (Use in Agriculture) (Amendment) Regulations 1990 (S.I. 1990/880), regs. 1(1), 2(6)(b)

F6

Words in reg. 8(4) substituted (8.5.1990) by The Sludge (Use in Agriculture) (Amendment) Regulations 1990 (S.I. 1990/880), regs. 1(1), 2(6)(c)

F7

Words in reg. 8(4)(i) added (1.4.2000) by The Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000 (S.I. 2000/656), reg. 1, Sch. 8 Pt. 1(a)

F8

Words in reg. 8(4)(ii) added (1.4.2000) by The Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000 (S.I. 2000/656), reg. 1, Sch. 8 Pt. 1(b)

F9

Words in reg. 8(4)(iii) added (1.4.2000) by The Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (Scotland) Regulations 2000 (S.S.I. 2000/62), reg. 1(1), sch. 8 Pt. 1 (with reg. 13)

F10

Words in reg. 8(4)(iii) substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 2

Modifications

C1

Reg. 8(2): transfer of functions (1.4.1996) by Environment Act 1995 (c. 25), s. 2(2)(e)

Commencement

I1

Reg. 8 in force at 1.9.1989, see reg. 1(1)