The Environmental Permitting (England and Wales) Regulations 2007 No. 3538

SCHEDULE 3 Descriptions: exempt waste operations and other operations to which section 33(1)(a) of the 1990 Act does not apply

PART 1 Exempt waste operations: descriptions

Burning waste in the open

30.—(1) Burning waste on land in the open if—

(a) the waste consists of plant tissue;

(b) it is agricultural waste or the waste is produced on—

(i) land which is operational land of a railway, a light railway, a tramway, an internal drainage board or the Agency,

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

(iii) other land as a result of demolition work;

(c) it is burned on the land where it is produced;

(d) the total quantity burned in any period of 24 hours does not exceed 10 tonnes; and

(e) the waste is burned by the establishment or undertaking producing it.

(2) Storing of such waste pending such burning, on the land where it is to be burned.

(3) Incorporation into soil of ash from cereal straw or cereal stubble burned as an exempt waste operation falling within sub-paragraph (1) if—

(a) the incorporation is on the land where the ash was produced; and

(b) the ash is incorporated in accordance with paragraph 10 of Schedule 2 to the Crop Residues (Burning) Regulations 1993(1).

(4) In this paragraph “operational land”, in relation to an internal drainage board, means land which is held for the purpose of carrying out its functions as an internal drainage board.

(1)

S.I. 1993/1366.