Proposed changes to waste exemptions – a farmer’s guide
© Tim Scrivener Farmers in England face changes in the way waste exemptions are managed.
Isabel Davies asks Charlotte Nott, environment policy adviser for the NFU, some key questions.
See also: The rules on accepting inert waste for farm projects
What are waste management exemptions?
Waste management exemptions apply to lower risk waste management activities at a particular site, including farms.
They differ from environmental permits in that no assessment is carried out by the Environment Agency (EA).
Instead, applicants register their intention to carry out an exempt activity and agree to comply with the conditions set out in the exemption.
They must re-register every three years.
It has traditionally been free to apply for all but one of the 57 exemptions.
They cover all industries but the majority of exemptions are attached to farms. For example, data from 2024 shows that of 403,563 registered exemptions, 60% were held by farmers.
Why are they being reformed and what is changing?
The EA carried out a consultation in 2018 which included proposed reforms designed to ensure exemptions could no longer be used to mask illegal waste activity in England and Wales.
The most significant change from a farmer’s perspective is the proposal to introduce charges for exemptions.
However, there could also be more proactive compliance checks and some technical reforms.
“Until the government confirms which proposals will be adopted, it is important to treat the suggested changes as indicative rather than final,” says Charlotte.
“Farmers should stay informed, but avoid making assumptions about what will definitely change.”
What charges may be introduced?
Under the proposals, farmers will have to pay a registration fee of £56 every three years to register one or more exemptions.
Standard charges for each exemption range from £30 to £420, depending on the risk band of the activity.
However, the NFU has negotiated a reduced fee of £88 to cover 15 common on-farm exemptions.
A £56 registration fee is payable every three years and as long as the common list covers the farm’s activities it would also pay the £88 charge, so £144 in total for three years.
Farmers needing additional exemptions will need to pay the standard charges for non-farming businesses, but with discounts for multiple registrations.
“The new charges mean farmers will want to look closely at the exemptions and see what they really need,” says Charlotte.
“Because they have been free, there has been a tendency for farmers to tick all of them just to cover off all bases.”
Although the reduced charges are welcome, the union is still worried that it places another financial burden on farmers when they are facing other challenges.
What are the exemptions on the common list?
The EA initially suggested eight exemptions on the common list, but industry pressure has extended this to 15, shown in the table.
Exemptions |
|
|
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 burnt crops and vegetation |
|
U15 waste exemption: pig and poultry ash |
Allows the mixing of ash from burning pig or poultry carcasses 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 to 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 in an incinerator, of small amounts of specific waste that have been produced on site |
|
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 |
|
Source: NFU |
|
When are the changes likely to take effect?
The changes had initially been expected to take effect from April 2025, but no formal consultation outcomes have been announced, so the timeline is unconfirmed.
However, for individual farmers, the new registration charges are not expected to be payable until their exemptions are due for renewal.
Any potential pitfalls for farmers?
Farms are increasingly diverse businesses, so the common list may not cover all their waste management activities.
It will be important to check the full list to see if any additional ones will be required and to check the detail of what is allowed under each exemption on the gov.uk website.
For example, farmers often use the U1: Use of waste for construction exemption to cover them so they can use road planings and rubble for tracks, paths or bridleways.
While a range of materials is allowed, including mixtures of concrete, bricks, tiles and ceramics not containing hazardous substances, the rules state that no more waste than is needed should be used – up to a maximum of 5,000t over the three years.
Farmers are also only allowed to store such material for 12 months ahead of use.
Charlotte points out that a frequent misconception is that farmers need to apply for an S3 exemption if storing sewage sludge on their land ahead of spreading.
However, it is the water company’s responsibility to apply for such exemptions.
What else should farmers know?
There are some exemptions which cover farmers for certain activities which do not need to be registered.
This is because they are covered by a separate framework, called the Non-Waste Framework Directive (NWFD).
This allows farmers to temporarily store waste at the place of production, pending its collection.
It is also possible to make waste smaller by compaction or baling.
However, if the waste is being stored and processed at a separate site to that where it was produced before transport, then farmers will need to register and pay for the S1 and S2 exemptions.
What is the process of registering?
Farmers should get an email reminder when it is time to review their waste exemptions and then they can use the online service on Gov.uk to re-register.
Will the changes mean more inspections?
One of the reasons for introducing the charging system is so the EA can fund a risk-based, proactive compliance approach.
It is unlikely that a farmer would be inspected purely on the basis of their waste exemptions, but they may be asked about them if the EA visits in another capacity.
Is there any chance of more activities being added to the common list?
The union continues to lobby for further activities to be added. These are:
- T6 Treating waste wood and waste plant matter by chipping, shredding, cutting, or pulverising
- T29 Treatment of non-hazardous pesticide washings by carbon filtration for disposal
- T32 Treatment of waste in a biobed or biofilter
It is also calling for sector specific guidance notes to make it easier for farmers to understand the rules.
Window of opportunity
Farmers who have received a waste exemption renewal reminder currently have a window of opportunity to act before charges are introduced.
The same applies to those who have never registered any exemptions, says Alice Bathard, graduate rural compliance consultant at The Farm Consultancy Group’s WhiteAvon office.
“We do come across farmers who don’t have waste exemptions in place, but should,” she says.
“If you’re in that position – or need to renew – do it now. Applying now means you’ll have exemptions in place for three years before any charges kick in.”
While the EA says the reforms aim to tackle waste crime, she believes most offences are committed outside farming.
“My concern is that fly-tipping will increase. It’s already a massive problem for farmers, because once it’s on their land, it becomes their responsibility to clear it away.
“That’s what really needs tackling.”