WASTE - THE CURRENT RULES

As all farmers should now be aware, the Agricultural Waste Regulations are in force and have an impact on cross-compliance under the single payment scheme.  They are enforced by the Environment Agency.

Farmers have a duty of care placed upon them to make sure that waste that cannot be re-used or recycled is disposed of properly.  Agriculture is fortunate in that certain types of waste produced on the holding are exempt from the main rules, however this exemption does require the completion of appropriate paperwork and this must be to hand if an inspection is undertaken.

The Environment Agency have produced a booklet “Guidance to Accompany Form WMAW01”, which covers in detail the rules and regulations.  In summary:

1. There is no need to register for the following exemptions, but you do need to ensure that you comply with the conditions or limits:
   
   
   1. Storing non-liquid waste not at the place of production.
      
      
   2. Storing waste at the place of production.
      
      
2. The following exemptions are likely to be required by farmers in their normal day to day agricultural businesses:
   
   
   1. Burning waste plant tissue in the open.
      
      
   2. Spreading of dredgings and plant material cleared from inland waterways.
      
      
   3. Chipping, shredding, cutting or pulverising waste plant matter.
      
      
   4. Baling, compacting, shredding or pulverising waste at the place of production.
      
      
   5. Deposit of plant tissue at the place of production.
      
      
   6. Beneficial use of waste.
      
      
   7. Spreading diluted milk on land for agricultural benefit.
      
      
   8. Spreading of waste on land for agricultural benefit or ecological improvement.
      
      
   9. The storage and use of building waste from agricultural premises in construction.
      
      
In relation to the last two exemptions, applications for these need to be made on an annual basis since there is additional information needed.


3. Waste comes in many forms and that which is produced as part of normal agricultural processes on the farm will need to be taken to a licensed recycler or disposal collection point at least annually.  It is important therefore that all farms are registered with a collector and keep records to confirm that such material is recorded as having been moved off.  It is important to make sure that the collector is authorised to take it and if you are in any doubt, you can contact the Environment Agency on 0845-603-3113 to confirm that that is the case.
   
   
4. Road planings are common on farm.  Each farmer has an exemption to keep and use 150 tonnes of planings each year.  As with exemptions referred to above, this right does need to be applied for annually, with the simple completion of a form submitted to the Environment Agency.  We anticipate that records of those who have such a licence are kept and periodically checked, so if you are likely to take road planings, or are thinking about doing so, please make sure you have the exemption required.
   
   
5. Once you have applied for the exemptions necessary, the Environment Agency will write to you periodically to confirm what exemptions you have and what need to be renewed on an annual basis.  It is important that action is taken in the light of these letters.  Whilst it would be nice to think that once the application form is completed that is it, we are afraid that the process is not as straightforward as this would make out.

For further information on the waste regulations, including details of local waste handlers and copies of the registration forms, please contact Stuart Milsom or Gemma Dalton at this office.

For clear, objective and professional advice on these or any other agricultural and rural estate issues please contact one of our Agricultural Team:

Robert Young ~ Mark Hill ~ Christopher Graham ~ Paul Oughton ~ Brian Smith
Peter Kirby ~ Stuart Milsom ~ Margaret Bush

Tel. 01285 648 113                                                             Fax. 01285 640 494    

This newsletter is produced for guidance only and should not be used as a substitute for professional advice. Accordingly no liability or responsibility for any loss or damage can be accepted by Moore Allen & Innocent or other contributors as a result of any person, company or other organisation acting or refraining from acting upon comment on this newsletter.

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