Exemptions
6.—(1) Subject to paragraph (2), regulation 2 shall not apply where a person makes bulk bagged silage on a farm in bags which–
(a)are made of 1000 gauge polyethylene or material of at least equivalent impermeability and durability;
(b)are kept sealed to prevent the escape of silage effluent; and
(c)are stored on a firm level surface and incorporate a facility designed to enable the safe removal of excess effluent when present.
(2) A person shall not be entitled to rely on the exemption conferred by paragraph (1) unless that person stores any bags in which silage is being made or stored at a place at least 10 metres from any inland or coastal waters.
(3) No person having custody or control of any crop which has been made into silage in the manner described in paragraph (1) shall open or empty any bag in which silage has been made unless that person does so at a place at least 10 metres from any inland or coastal waters.