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New Legislation


The application of the Agricultural Waste Regulations (1995) in England, Wales and Northern Ireland and the Waste (Scotland) Regulations 2005 will have the affect of bringing agricultural wastes under the same regulatory regime as other commercial activities.

Up-to-date information can be found from the websites of;

* Scottish Environmental Protection Agency (SEPA)
* Environment Agency (EA)
* NetRegs

Uncontrolled Burning and Farm Tips


The summary of the immediate impact of the Waste Management legislation is that open or uncontrolled burning will be prohibited in England and Wales.

Farmers in Scotland will need to register for an exemption for the incineration of certain waste as long as it meets the relevant objectives i.e. doesn't cause black smoke, is a nuisance, or causes environmental harm.

Also unauthorised farm tips will be prohibited and farmers will have to stop tipping or apply for a permit, which will be very expensive.

Farmers in England and Wales will also be required to register for a series of exemptions for waste management activities. The Environment Agency has produced a pack to make this straightforward and there is no cost. Please ring the agricultural helpline on 0845 603 3113 for futher details.

Duty of Care


Farmers and farming businesses will now have a Duty to ensure that wastes are managed and handled safely in accordance with the law.

This Duty of Care applies to anyone who produces, imports, carries, keeps, treats or disposes of controlled waste.

Under the principal, 'The Producer Pays' you are responsible for the safe and proper disposal or recovery of the waste that you produce. The Duty of Care has no time limit and it specifically requires that

* All waste is stored and disposed of responsibly
* Waste is only handled or dealt with by individuals or business that are authorised to deal with it
* A record is kept of all waste received or transferred through a system of signed Waste Transfer Notes