OpenLegislation

Paragraph 9 I1

Northern Ireland

(1)

Subject to sub-paragraph (3) and any limitation set down in Column 3 of Table 3, the treatment of waste –

(a)

identified by EWC Code in Column 1 of Table 3 and referred to in Column 2 of that Table, on land used for agriculture where such treatment results in benefit to agriculture or ecological improvement; or

(b)

listed in Part I of Table 3 and identified by EWC Code in Column 1 of Table 3 and referred to in Column 2 of that Table for the treatment of –

(i)

operational land of a railway, light railway, or any Government Department; or

(ii)

land which is a forest, woodland, park, garden, verge, bank of an inland waterway, landscaped area, sports ground, recreation ground, churchyard or cemetery,

where the land in question is not used for agriculture and such treatment results in ecological improvement.

(2)

The storage, in a secure container, lagoon or place, at the place where it is to be treated, of not more than 1000 cubic metres of waste intended to be used in reliance upon the exemption conferred by sub-paragraph (1), provided that the waste is not stored at a distance less than –

(a)

10 metres from any waterway;

(b)

50 metres from any spring or well, or from any borehole not used for a public water supply; or

(c)

250 metres from any borehole used for a public water supply.

(3)

Sub-paragraphs (1) and (2) apply only 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; F1...

(b)

in the case of blood and gut contents, the waste has been treated in accordance with the Community Regulation F2; and

(F3c)

where the F4Nutrient Action Programme Regulations (Northern Ireland) 2019 applies treatment shall be carried out in accordance with those Regulations.

(4)

F5... For the purposes of this paragraph, waste is subject to treatment only when it is spread on land or is injected or otherwise introduced into the surface of that land.

Table 3

F6EWC CodeTypes of WasteLimitation
PART I
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03Plant-tissue waste
Wastes from sugar processing (02 04)
02 04 01Soil from cleaning and washing beet
Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01Waste bark and cork
03 01 05Sawdust, shavings, cuttings, wood, particle board or veneer other than those mentioned in 03 01 04Except whole wood, particle board and plastic veneer
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01Waste bark and wood
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04Soil and stones other than those mentioned in 17 05 03
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03Off-specification compostConsisting only of biodegradable waste
Garden and park wastes (including cemetery waste) (20 02)
20 02 01Biodegradable waste
20 02 02Soil and stones
PART II
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 99Waste not otherwise specifiedStraw, wood or paper-based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets only
Wastes from the preparation and processing of meat, fish and other foods of animal origin (02 02)
02 02 04Sludges from on-site effluent treatmentFollowing ‘conventional treatment’ or ‘enhanced treatment’
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production; molasses preparation and fermentation (02 03)
02 03 01 to 02 03 05All types within 02 03 01 to 02 03 05
Wastes from sugar processing (02 04)
02 04 01 to 02 04 03All types within 02 04 01 to 02 04 03
Wastes from the dairy products industry (02 05)
02 05 01 to 02 05 02All types within 02 05 01 to 02 05 02
Wastes from the baking and confectionery industry (02 06)
02 06 01 to 02 06 03All types within 02 06 01 to 02 06 03
Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) (02 07)
02 07 01 to 02 07 05All types within 02 07 01 to 02 07 05
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 05De-inking sludges from paper recycling
03 03 09Lime mud waste
03 03 99Waste not elsewhere specifiedDe-inked paper pulp from paper recycling
Wastes from the leather and fur industry (04 01)
04 01 07Sludges, in particular from on-site effluent treatment free of chromium
Wastes from the textile industry (04 02)
04 02 10Organic matter from natural products (for example grease, wax)
04 02 15Wastes from finishing other than those mentioned in 04 02 14
04 02 20Sludges from on-site effluent treatment other than those mentioned in 04 02 19
04 02 21Wastes from unprocessed textile fibres
04 02 22Wastes from processed textile fibres
Wastes from manufacture of cement, lime and plaster, and articles and products made from them (10 13)
10 13 04Wastes from calcination and hydration of lime
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 06Dredging spoil other than those mentioned in 17 05 05
Wastes from anaerobic treatment of waste (19 06)
19 06 03Liquor from anaerobic treatment of municipal waste
19 06 04Digestate from anaerobic treatment of municipal waste
19 06 05Liquor from anaerobic treatment of animal and vegetable waste
19 06 06Digestate from anaerobic treatment of animal and vegetable waste
Wastes from the preparation of water intended for human consumption or for industrial use (19 09)
19 09 02Sludges from water clarification

Annotations

Textual amendments

F1

Word in Sch. 2 Pt. 1 para. 9(3)(a) omitted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 16(1)

F2

Sch. 2 Pt. 1 para. 9(3)(c) and word inserted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 16(2)

F3

Sch. 2 Pt. 1 para. 9(3)(c) substituted (1.1.2007) by The Nitrates Action Programme Regulations (Northern Ireland) 2006 (S.R. 2006/489), regs. 1, 29(2)(a) (with reg. 2)

F4

Words in Sch. 2 Pt. 1 para. 9(3)(c) substituted (11.4.2019) by The Nutrient Action Programme Regulations (Northern Ireland) 2019 (S.R. 2019/81), regs. 1(1), 37(1)(a)

F5

Words in Sch. 2 Pt. 1 para. 9(4) omitted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 16(3)

F6

Sch. 2 Pt. 1 para. 9 Table 3 substituted (30.12.2011) by The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/403), regs. 1(1), 3(1)

Commencement

I1

Sch. 2 para. 9 in operation at 19.12.2003, see reg. 1(1)