Paragraph 30 I1

Northern Ireland

(1)

Subject to sub-paragraph (2), burning waste on land in the open if –

F1(a)

the waste consists of plant tissue;

(b)

F2it is agricultural waste or it is produced on land which is operational land of a railway, light railway, tramway, or any Government Department, or which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, bank of inland waterway, churchyard or cemetery, or it is produced on other land as a result of demolition work;

(c)

it is burned on the land where it is produced; and

(d)

the total quantity burned in any period of 24 hours does not exceed 10 tonnes.

(2)

Sub-paragraph (1) only applies to the burning of waste by an establishment or undertaking where the waste burned is the establishment or undertaking’s own waste.

(3)

The storage pending its burning, on the land where it is to be burned, of waste which is to be burned in reliance upon the exemption conferred by sub-paragraph (1).

F3(4)

The incorporation into soil of ash from cereal straw or cereal stubble burned in reliance of the exemption conferred by sub-paragraph (1) if—

(a)

the incorporation is on the land where the ash was produced; and

(b)

the ash is not, without reasonable excuse, allowed to remain on the soil for longer than 24 hours after the time of commencement of the burning, but is incorporated into the soil—

(i)

within that period; or

(ii)

in a case where to do so would be likely, having regard to wind conditions, to cause nuisance, as soon as conditions allow.

(5)

For the purposes of this paragraph “plant tissue” includes any linseed residues, oil-seed rape residues, field beans harvested dry residues, peas harvested dry residues, cereal straw or cereal stubble.

Annotations

Textual amendments

F1: Sch. 2 Pt. 1 para. 30(1)(a) substituted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 22(1)
F2: Words in Sch. 2 Pt. 1 para. 30(1)(b) inserted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 22(2)
F3: Sch. 2 Pt. 1 para. 30(4)(5) inserted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 22(3)

Commencement

I1: Sch. 2 para. 30 in operation at 19.12.2003, see reg. 1(1)