Paragraph 7 - The treatment of land for agricultural benefit or ecological improvement

What the legislation says:

7. —(1) The treatment with any of the wastes listed in Table 2 of land used for agriculture where such treatment results in benefit to agriculture or ecological improvement.

(2) The treatment with any of the wastes listed in Part I of Table 2 of–

(a) operational land of a railway, light railway, Scottish Water or British Waterways; or

(b) land which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, churchyard or cemetery;

where the land in question is not used for agriculture and such treatment results in ecological improvement.

Table 2
Codes*	Types of waste
PART I Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03	Plant-tissue waste
Wastes from sugar processing (02 04)
02 04 01	Soil from cleaning and washing beet
Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01	Waste bark and cork
03 01 05	Sawdust shavings, cuttings, wood, particle board***
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01	Waste bark and wood (including virgin pulp)
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04	Soil and stones**
17 05 06	Dredging spoil***
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03	Off-specification compost consisting only of biodegradable waste***
Garden and park wastes (including cemetery waste) (20 02)
20 02 01	Biodegradable waste
20 02 02	Soil and stones
PART II Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 99	Straw, wood or paper-based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets, animal faeces, urine and manure***
Wastes from the preparation and processing of meat, fish and other foods of animal origin (02 02)
02 02 03	Materials unsuitable for consumption or processing consisting of blood and gut contents from abattoirs, poultry preparation plants or fish preparation plants; wash waters and sludges from abattoirs, poultry preparation plants or fish preparation plants; and shells from shellfish processing***
02 03	Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation– all wastes under this category
02 04	Wastes from sugar processing– all wastes under this category
02 05	Wastes from production of dairy products***
02 06	Wastes from the baking and confectionary industry – all wastes under this category
02 07	Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa)– all wastes under this category
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01	Waste bark and wood (including virgin pulp)
03 03 09	Lime mud waste
03 03 11	Sludges from on-site effluent treatment plants treating only virgin paper wastes which contain no inks***
03 03 99	De-inked paper sludge from paper recycling, paper crumble derived from virgin pulp which contains no inks***
Wastes from the leather and fur industry (04 01)
04 01 07	Sludges, in particular from on-site effluent treatment free of chromium
Wastes from the textile industry (04 02)
04 02 10	Organic matter from natural products (for example grease, wax)
04 02 15	Wastes from finishing other than those containing organic solvents
04 02 20	Sludges from on-site effluent treatment**
04 02 21	Wastes from unprocessed textile fibres
04 02 22	Wastes from processed textile fibres
Wastes from the manufacture, formulation, supply and use (MFSU) of acids (06 01)
06 01 99	Gypsum***
Wastes from the manufacture, formulation, supply and use of fine chemicals and chemical products not otherwise specified (07 07)
07 07 12	Sludges from on site effluent treatment other than those containing dangerous substances
Wastes from power stations and other combustion plants (except wastes from waste management facilities, off site waste water treatment plants and the preparation of water intended for human consumption and water for industrial use) (10 01)
10 01 99	Gypsum***
Wastes from manufacture of cement, lime and plaster and articles and products made from them (10 13)
10 13 04	Gypsum***
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 06	Dredging spoil***
Wastes from anaerobic treatment of waste (19 06)
19 06 03	Liquor from anaerobic treatment of municipal waste
19 06 04	Digestate from anaerobic treatment of municipal waste
19 06 05	Liquor from anaerobic treatment of animal and vegetable waste
19 06 06	Digestate from anaerobic treatment of animal and vegetable waste
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 02	Sludges from water clarification

* Codes referred to in the European Waste Catalogue.
** Wastes containing dangerous substances are not included.
*** The wastes listed do not include all of the wastes specified in the European Waste Catalogue under the code referred to.

(3) The secure storage, at the place where it is to be used, of not more than 1250 tonnes of waste intended to be used in reliance upon the exemption conferred by sub paragraph (1) or (2), provided that–

(a) the waste is stored at a distance of not less than–

(i) 10 metres from any inland or coastal waters;

(ii) 50 metres from any well, borehole or similar work sunk into underground strata for the purpose of any water supply other than a domestic water supply; or

(iii) 250 metres from any well, borehole or similar work sunk into underground strata for the purpose of a domestic water supply; and

(b) no waste is stored to the extent that the volume stored exceeds ninety per cent of the available capacity of the container or lagoon where the storage takes place.

(4) Sub paragraph (1) or (2) applies only if–

(a) no more than 250 tonnes or, in the case of dredgings from inland waters, 5,000 tonnes of waste per hectare are used on the land in any period of 12 months;

(b) the land to be treated by the waste does not exceed 50 hectares;

(c) the waste to be used has not been mixed with any material which does not itself provide benefit to agriculture or ecological improvement; and

(d) in the case of materials within category 02 02 03 of the European Waste Catalogue, as listed in Part II of Table 2 above, the waste is treated in accordance with the Animal By-Products (Scotland) Regulations 2003 and Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3rd October 2002 laying down health rules concerning animal by-products not intended for human consumption.

(5) In this paragraph "domestic water supply" means a supply of water–

(a) for such domestic purposes as consist in or include, cooking, drinking, food preparation or washing; or

(b) for any of these domestic purposes to premises in which food is produced.

Registration Requirements:

Must be notified to SEPA using the appropriate form and enclosing the correct fee. Registration "expires" after 12 months unless a renewal notice has been received and registered by SEPA. A renewal notice should be submitted to SEPA at least 21 days before the registration is due to "expire".

Notification Form:

Use WMX-FM7 - Form to register or renew a paragraph 7 exemption (224k)

Guidance:

WMX-TG7 - Technical Guidance Note for Paragraph 7 exemptions (77k)

Further information on Agricultural Benefit & Ecological Improvement can be found in Schedule 3A Part 2 of the Waste Management Licensing Regulations 1994 as amended by The Waste Management Licensing Amendment (Scotland) Regulations 2006 .