Frequently asked questions

The Agricultural Waste Regulations (Scotland) 2005 brought agricultural waste under the same regulatory regime as other commercial activities. Under the Regulations, all farmers have a duty to ensure that they do not treat, keep or dispose of
agricultural waste in a manner which may cause pollution of the environment or harm to human health. Also, the use of farm dumps has been prohibited since 2003 but there are other options:

  • Burning
    The burning of waste in the open is prohibited (except plant tissue).  Farmers may use a drum incinerator but the PEPFAA Code advises against the use of drum incinerators and SEPA would not recommend the practice. If farmers do
    choose to use a drum incinerator, they must register the activity as an ‘exemption’ with the Scottish Environment Protection Agency (SEPA). The exemption will only cover the activity if it does not pollute the environment or harm human health which is why SEPA does not recommend the practice. Farmers should also consider that burning waste may cause nuisance (e.g. create dark or black smoke) and in such circumstances the local authority and/or SEPA may take enforcement action. The risks of enforcement action are greater if plastics, rubber or tyres are burned.

  • Use the material
    Some materials are not considered to be waste where they are used on site for agricultural benefit in accordance with good practice e.g. application of manures and slurries as per the PEPFAA code. If farmers believe they are handling a waste, but want to use it on or off farm, they should contact their local SEPA office to establish what, if any, waste management controls would apply. 

  • Transfer to a licensed waste facility
    Agricultural wastes that do not have a beneficial use on farm should be sent to a licensed facility for recovery, recycling or disposal. For example, the recycling of farm plastics is becoming increasingly common and farm plastic collection is now offered by a number businesses and cost-sharing co-operatives. Wastes may be stored on farm for up to 12 months before disposal, and 36 months if they are to be recycled or reused. Whether sending waste for recovery or disposal, farmers are obliged to keep records of the waste type and who it was passed to. Additional controls apply to special (also called hazardous) wastes such as asbestos and waste oil and further information
    should be obtained from SEPA before these are moved.


SEPA have been asked a number of questions on these key areas, and other topics by both staff and members of the public. Answers to the most commonly asked questions and sources of further information are available:

Further information

The NetRegs website external link contains useful information which can help farmers establish what regulations apply to their activities and what actions they should take.

Practical guidance for everyone who is under the duty is in Waste management, the duty of care: a code of practice, ISBN 0-11-753210-X, published by the Stationery Office and available from their bookshops or by telephoning 0870 600 5522. The Code of Practice is now also available in Adobe Acrobat format external link.