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Find out more about any proposed changes to regulations that will affect agricultural waste.

Exemption review – proposed changes to the exemption system

We are working with Defra and the Welsh Assembly Government to review the current exemption system. The aim of the exemption review is to ensure the revised exemption system is simple, proportionate and risk based and only covers genuine low risk waste management activities.

Exemptions that currently cover higher-risk activities will be replaced by standard permits. These are currently being developed and consulted upon. For further information see our exemption review pages.

What is an exemption?

An exemption allows businesses to carry out certain waste management activities without an environmental permit. Exemptions provide a lower level of regulation for low-risk activities. They can be given for the disposal of non-hazardous waste at the site of its production, or for the recovery of waste (reuse or recycling).

Why change the current system?

Most of the exemptions currently available have been in place since 1994 and have had little review or amendment. The current system is complex and has been subject to a degree of abuse. The new exemption system needs to be able to adapt and keep pace with the changing world of waste management in which new techniques and technologies are developing.

The exemption system needs to be robust enough to ensure the risks posed by the exempt activities do not present a threat to the environment and the amenity.

The changes to the current exemption system were consulted upon between 31 July 2008 and 23 October 2008. The consultation is now closed but details of the proposed changes, the consultation document and the responses received, can be viewed on Defra’s website:

The Exemption review changes and regulations are scheduled to be implemented in April 2010.

Consultation on a revised duty of care code of practice

Defra is currently consulting on a revised code of practice for the Duty of Care. The revised code will replace the current code of practice 'Waste Management: The Duty of Care – A Code of Practice', which is out of date.

The code of practice is statutory guidance and can be produced as evidence in court. It provides detailed guidance for waste producers, waste carriers, waste managers, waste brokers and dealers, on how to comply with their duty of care.

Further information and a copy of the consultation can be found on the Defra website:

Proposed revision to the current carrier and broker registration system

Proposed changes to the current carrier and broker registration system were consulted upon from June to September 2008. It is proposed to have a two-tier system of registration - a lower risk tier who register once and a higher risk tier who need to register on an annual basis. Transporters of agricultural waste only would fit within the low-risk tier.

The consultation is now closed but details of the proposed changes, the consultation documents and the responses received, can be viewed on Defra’s website: