The deposit of borehole or excavated waste - paragraph 35 exemption

A paragraph 35 exemption allows the deposit of waste consisting of excavated material from a borehole or other excavation made for the purpose of mineral exploration.

Waste stream(s) permitted

Excavated materials from a borehole or other excavation made for the purpose of mineral exploration.

Location

The deposit of the waste must be in or on the land at the place where it is excavated.

Additional conditions

The total quantity of waste deposited over any period of 24 months must not exceed 45,000 cubic metres per hectare.

Paragraph 35 only applies if –

  • the drilling of the borehole or the making of any other excavation is development for which planning permission is granted by Article 3 of, and Schedule 1 Part 16 to, the Planning (General Development) Order (Northern Ireland) 1993; and
  • the conditions subject to which the development is permitted are observed

Interpretation

Expressions used in this paragraph which are also used in the Planning (General Development) Order (Northern Ireland) 1993 shall have the same meaning as in that Order.

What the legislation says

The full wording of the paragraph 35 exemption can be found in Schedule 2 of the Waste Management Licensing Regulations (Northern Ireland) 2003. 

Relevant Objectives in relation to the disposal or recovery of waste are given in paragraph 4 of Schedule 3 to the Regulations.

Paragraph 35 is NOT required to be registered in accordance with the Waste Management Licensing Regulations (Northern Ireland) 2003 (as amended)

For further information, please contact:-

Guidance

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