Environmental Protection Act 1990

Straw and stubble burning

152 Burning of straw and stubble etc

(1) The appropriate Minister may by regulations prohibit or restrict the burning of crop residues on agricultural land by persons engaged in agriculture and he may (by the same or other regulations) provide exemptions from any prohibition or restriction so imposed.

(2) Regulations providing an exemption from any prohibition or restriction may make the exemption applicable—

(a) in all, or only in specified, areas;

(b) to all, or only to specified, crop residues; or

(c) in all, or only in specified, circumstances.

(3) Any power to make regulations under this section includes power—

(a) to make different provision for different areas or circumstances;

(b) where burning of a crop residue is restricted, to impose requirements to be complied with before or after the burning;

(c) to create offences subject to the limitation that no offence shall be made punishable otherwise than on summary conviction and the fine prescribed for the offence shall not exceed level 5 on the standard scale; and

(d) to make such incidental, supplemental and transitional provision as the appropriate Minister considers appropriate.

(4) Where it appears to the appropriate Minister appropriate to do so in consequence of any regulations made under the foregoing provisions of this section, the appropriate Minister may, by order, repeal any byelaws of local authorities dealing with the burning of crop residues on agricultural land.

(5) In this section—

• “agriculture” and “agricultural land” have, as respects England or as respects Wales, the same meaning as in the [1947 c. 48.] Agriculture Act 1947 and, as respects Scotland, the same meaning as in the [1948 c. 45.] Agriculture (Scotland) Act 1948;

• “crop residue” means straw or stubble or any other crop residue;

• “the appropriate Minister” means the Minister of Agriculture, Fisheries and Food or the Secretary of State or both of them.