This policy paper sets out plans to reform the waste exemption regime across England and Wales.
Conditions will be updated on seven exemptions, while three will be withdrawn. Limits will be introduced on who can hold exemptions and how many may be held. These changes are expected to be implemented through future legislation.
The Reforming the waste exemptions system (England and Wales) sets out plans to reform the waste exemption regime across England and Wales. These changes will be implemented through future amendments to the Environmental Permitting (England and Wales) Regulations 2016.
Full details of planned modifications to each exemption affected are set out in Annexes to the paper online.
General Changes
General changes will include:
- A prohibition on exemptions being registered at or adjacent to permitted sites. This will apply six months after future amending legislation comes into force;
- A limit on the number of exemptions that may be used on each site, including the application of limits based on the lowest limit from the registered exemptions. This will also apply six months after the future amending legislation comes into force;
- Expanded record-keeping requirements on waste exemption holders, including a duty to make these available on request for all exemptions. This will apply as soon as the future amending legislation comes into force; and
- Updates to apply consistent waste codes and conditions across the exemptions. This will apply as soon as the future amending legislation comes into force.
Charges now apply to the registration of waste exemptions.
Changes to individual exemptions
Conditions will change for seven exemptions, as summarised in the table below:
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Exemption
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Expected changes to conditions
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U1 – Use of waste in construction
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- Rename to ‘Use of wastes to construct and maintain surfaces and barriers.’
- Restrict authorised waste types, quantities and activities for nine specific construction activities.
- Changes apply 12 months after amending legislation comes into force.
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T4 – Preparatory treatments (baling, sorting, shredding etc.)
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- Rename to ‘Preparatory treatment of waste.’
- Reduced storage limits and revised conditions for specific wastes to increase turnover and reduce stockpiling risk.
- Amended conditions to minimise fire risk.
- Changes apply 6 months after amending legislation comes into force.
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T6 – Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising
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- Rename to ‘Treatment of waste wood and plant matter.’
- Revised conditions to address fire risk, including reduced storage limits to increase turnover and decrease stockpiling.
- Changes apply 6 months after amending legislation comes into force.
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T12 – Manual treatment
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- Stricter conditions and storage limits to increase turnover, reduce stockpiling and address fire risk.
- Mattresses will be removed from the exemption.
- Changes apply 6 months after amending legislation comes into force.
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D7 – Burning waste in the open
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- Rename to ‘Burning vegetation at the site of production.’
- Reduced storage time limits and removal of authorised waste streams to minimise risks to the environment and human health.
- Changes apply 6 months after amending legislation comes into force.
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S1 – Storage in containers
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- Rename to ‘Temporary storage of waste in secure containers pending recovery elsewhere.’
- Changes to authorised waste streams.
- A prohibition on registering this exemption where there is a direct link to any other waste exemption or permitted site.
- Changes apply 12 months after amending legislation comes into force.
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S2 – Storage in a secure place
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- Rename to ‘Temporary storage of waste in a secure place pending recovery elsewhere.’
- A prohibition on registering this exemption where there is a direct link to any other waste exemption or permitted site.
- Changes to authorised waste streams.
- Changes apply 12 months after amending legislation comes into force.
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Changes to Non-Waste Framework Directive (NWFD) Exemptions
NWFD exemptions authorise activities that may be undertaken without the need to register an exemption or obtain an environmental permit.
As part of the reforms, the storage limits in Non-Waste Framework Directive (NWFD) exemption 3 (temporary storage of waste at a site controlled by the producer) and NWFD exemption 4 (temporary storage at a collection point) will increase from 50 cubic metres to 100 cubic metres.
Exemptions to be removed
The U16 – Use of depolluted end-of-life vehicles for parts; T8 – Mechanically treating end-of-life tyres; and T9 – Recovery of scrap metal exemptions will be removed.
Environmental permits will be required to continue activities authorised by these exemptions within three months of the amending legislation coming into force or these activities will be required to cease.
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