Changes to waste exemptions – have your say

18 November 2024

Environment and climate
Rural house under construction

Photograph: KBImages / Alamy

The Environment Agency has launched a consultation on significant changes to the way waste exemptions are registered and managed, including proposals to introduce charges. Fill in our online form by 20 December to have your say.

This reform is part of a broader consultation the EA (Environment Agency) is conducting on charge proposals, which also addresses fees related to waste crime and updated hourly rates.

The aim is to improve regulatory oversight, ensure environmental protection, and make the system more cost-effective for the EA.

The reforms propose the introduction of charges for waste exemptions, which could impact a wide range of operators, including farmers. As part of this process, the NFU is actively reviewing the proposals and gathering feedback from members to inform its response.

The waste exemption reforms are set to be implemented in April 2025.

Charges will be paid at the point of registration or renewal.

Have your say

Through extensive consultation with NFU boards and forums, the NFU successfully worked with the EA to ensure the list of ‘common on-farm waste exemptions’ – which are being offered at a reduced rate – reflects the activities most relevant to farmers.

See the full common-on farm list and costs.

This collaboration resulted in the list expanding from the initial 8, to 15 exemptions. This tailored approach for agriculture highlights the importance of addressing the sector’s specific needs effectively.

The NFU is seeking feedback to help inform its response. Fill in the form below by 20 December to help shape our response. You can jump further down the page for more information and to read our summary of exactly what the EA is proposing.

Fill out my online form.

11 November 2024

EA launches consultation on waste exemption reform

Currently, waste exemptions are free to register for and allow operators to carry out low-risk waste management activities without needing an environmental permit.

There are 57 types of waste exemptions in the UK, covering a range of activities like waste storage, recycling, and recovery, which must comply with conditions regarding waste types, storage, and treatment.

Summary of key changes

The consultation outlines key reforms, including the introduction of registration and compliance charges for waste exemptions, a more risk-based approach to compliance monitoring, and specific provisions for the agricultural sector.

Registration and compliance charges

Registration charge:

  • Operators will pay a registration charge of £56 to register one or more exemptions.

Charges for farmers:

  • Farmers will face a reduced compliance charge for the 15 ‘common on-farm exemptions’, which include activities like spreading waste to benefit agricultural land. The ‘common on-farm’ group is only available to farmers.
  • Farmers who require additional exemptions outside of the common group will pay the standard charges for non-farming businesses, but with savings for multiple registrations.
Registration fee Charge of £56 Applicable to all, every three years
Common on-farm waste exemptions Charge of £88 Required every three years

Total charge = £144 (for three-year registration period).

Common on-farm exemptions list

Waste exemption Activity description
U1 waste exemption: use of waste in construction Allows the use of suitable waste in construction as a recovery activity
U4 waste exemption: burning waste as fuel in a small appliance Allows the use of waste plant material or untreated wood as fuel in a small appliance to produce heat or power
U8 waste exemption: using waste for a specified purpose Allows the use of waste materials (that do not need treating) for a specific purpose to reduce the use of virgin or non-waste materials
U10 waste exemption: spreading waste to benefit agricultural land Allows the spreading of specific waste on agricultural land to replace manufactured fertilisers or virgin materials (such as lime) to improve or maintain soil
U12 waste exemption: using mulch Allows landscapers, farmers and growers to spread mulch as a protective covering onto land around trees, bushes or plants
U13 waste exemption: spreading plant matter to provide benefits Allows the spreading of cut plant material at the place of production for weed suppression or to provide nutrients to the soil
U14 waste exemption: incorporating ash into soil Allows the mixing of ash back into the soil to return some of the nutrients from the burnt crops and vegetation
U15 waste exemption: pig and poultry ash Allows the mixing of ash from burning pig or poultry with slurry and/or manure and spreading it on farmland to provide the soil with nutrients
D1 waste exemption: depositing waste from dredging inland waters Allows the deposit of dredging spoil on the banks of the water it was dredged from and treat it by screening and removing water
D3 waste exemption: depositing waste from a portable sanitary convenience Allows the burial of waste from a portable toilet, to avoid long-distance transportation of small quantities of waste to sewage treatment works
D4 waste exemption: depositing agricultural waste consisting of plant tissue under a Plant Health Notice Allows the deposit of diseased crops where they were grown when a Plant Health Notice has been issued, to reduce the risk of spreading plant diseases or pests
D6 waste exemption: disposal by incineration Allows the disposal of small amounts of specific waste that have been produced on site in an incinerator
D7 waste exemption: burning waste in the open Allows the burning of plant tissue and untreated wood waste from joinery or manufacturing in the open air
T1 waste exemption: cleaning, washing, spraying or coating waste Allows treatment of waste packaging so it can be reused in its original form or becomes clean waste suitable for recycling
T23 waste exemption: aerobic composting and associated prior treatment Allows the composting of small volumes of vegetation, cardboard and food waste to spread on soil to add nutrients or improve the structure

Compliance charge bands (for activities outside the ‘common on-farm’ group)

The proposed charges will be divided into four bands based on: 

  • Environmental risk posed by the waste exemption.
  • Regulatory effort required for compliance monitoring.
  • Practicality of carrying out site-based compliance inspections.

Bands:

  • Band 1 (highest risk)
  • Band 2
  • Band 3 (lowest risk)
  • Upper Band (T8, T9, U16 exemptions): These exemptions are being phased out, with operators needing to apply for an environmental permit by the relevant transitional date. Operators who transition to an environmental permit will receive a partial refund on the compliance charge.
Band 1 Charge of £420 One inspection per registration period (three years)
Band 2 Charge of £212 50% of sites inspected every three years
Band 3 Charge of £30 Assessed through targeted campaigns and desk-based assessments
Upper compliance band Charge of £1,236 T8, T9, U16
Assessed annually

See the full list of which exemptions fall into each band (opens in a new tab).

Reduced charges for multiple exemptions

When operators register multiple exemptions in the same band, they will pay a reduced compliance charge for subsequent exemptions:

  • Additional band 1 or 2 compliance charge: Reduced charges for additional waste exemptions within the same band.
  • Additional upper band compliance charge: Reduced charges for each additional upper band exemption.
  • Band 3 exemptions (assessed through desk-based assessments) do not receive a reduced charge for multiple exemptions, as they require separate assessments.

Upper band exemptions (T8, T9, U16):

  • The T8, T9, and U16 waste exemptions will be removed as part of the reform, and operators will need to either stop their exempt activities or apply for an environmental permit by the transitional date.
  • Partial refunds of the compliance charge will be offered to operators who transition to an environmental permit.
Additional Tier 1/2 Charge of £76 Additional exemptions will be charged at a reduced rate
Upper band compliance Charge of £227 T8, T9, U16
These will eventually become part of the permitted regime.

Compliance and inspections

The introduction of the charge system will allow for a risk-based, proactive compliance approach, with inspections, campaigns, and desk-based assessments focused on higher-risk activities.

Band 1 exemptions will be assessed during the three-year registration period.

50% of Band 2 exemptions will be assessed during the same period, while Band 3 exemptions will be reviewed through targeted campaigns.

See the detailed list of which exemptions fall into each band (opens in a new tab).

This list will help farmers and operators understand which exemptions may be subject to higher charges and which will have lower costs associated with compliance.

More information can be found at: GOV.UK | Environment Agency charge proposals for waste crime and hourly rates.


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