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Paragraph 7

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The spreading of any of the wastes listed in Table 2 on land which is used for agriculture.

(2)

The spreading of any of the wastes listed in Part I of Table 2 on—

(a)

operational land of a railway, light railway, internal drainage board or the National Rivers Authority; or

(b)

land which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, churchyard or cemetery.

Table 2

PART I
Waste soil or compost.
Waste wood, bark or other plant matter.
PART II
Waste food, drink or materials used in or resulting from the preparation of food or drink.
Blood and gut contents from abattoirs.
Waste lime.
Lime sludge from cement manufacture or gas processing.
Waste gypsum.
Paper waste sludge, waste paper and de-inked paper pulp.
Dredgings from any inland waters.
Textile waste
Septic tank sludge.
Sludge from biological treatment plants.
Waste hair and effluent treatment sludge from a tannery.
(3)

Sub-paragraphs (1) and (2) above only apply if—

(a)

no more than 250 tonnes or, in the case of dredgings from inland waters, 5,000 tonnes of waste per hectare are spread on the land in any period of twelve months;

(b)

the activity in question results in benefit to agriculture or ecological improvement; and

(c)

where the waste is to be spread by an establishment or undertaking on land used for agriculture, it furnishes to the waste regulation authority in whose area the spreading is to take place the particulars listed in sub-paragraph (4) below—

(i)

in a case where there is to be a single spreading, in advance of carrying out the spreading; or

(ii)

in a case where there is to be regular or frequent spreading of waste of a similar composition, every six months or, where the waste to be spread is of a description different from that last notified, in advance of carrying out the spreading.

(4)

The particulars referred to in sub-paragraph (3)(c) above are—

(a)

the establishment or undertaking’s name and address, and telephone or fax number (if any);

(b)

a description of the waste, including the process from which it arises;

(c)

where the waste is being or will be stored pending spreading;

(d)

an estimate of the quantity of the waste or, in such a case as is mentioned in sub-paragraph (3)(c)(ii) above, an estimate of the total quantity of waste to be spread during the next six months; and

(e)

the location, and intended date or, in such a case as is mentioned in sub-paragraph (3)(c)(ii) above, the frequency, of the spreading of the waste.

(5)

Subject to sub-paragraph (6) below, the storage, at the place where it is to be spread, of any waste (other than septic tank sludge) intended to be spread in reliance upon the exemption conferred by sub-paragraph (1) or (2) above.

(6)

Sub-paragraph (5) above does not apply to the storage of waste in liquid form unless it is stored in a secure container or lagoon and no more than 500 tonnes is stored in any one container or lagoon.

(7)

The storage, in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place), of septic tank sludge intended to be spread in reliance upon the exemption conferred by sub-paragraph (1) above.

(8)

In this paragraph and paragraph 8, “agriculture” has the same meaning as in the Agriculture Act 1947f1 or, in Scotland, the Agriculture (Scotland) Act 1948f2.

(9)

In this paragraph and paragraph 30, “internal drainage board” has the meaning given by section 1(1) of the Land Drainage Act 1991f3 and, for the purposes of the definition of operational land, an internal drainage board shall be deemed to be a statutory undertaker.

(10)

In this paragraph and paragraphs 8 and 10, “septic tank sludge” has the meaning given by regulation 2(1) of the Sludge (Use in Agriculture) Regulations 1989f4.

Annotations

Footnotes

f1

1947 c. 48; see section 109(3).

f2

1948 c. 45; see section 86(3).

f3

1991 c. 59.

f4

S.I. 1989/1263, amended by S.I. 1990/880.