The keeping or deposit of spent railway ballast - paragraph 34 exemption

A paragraph 34 exemption allows the keeping or deposit on land where it is produced of spent ballast if the land is operational land of a railway, light railway, or tramway.

Waste stream(s) permitted

Waste railway ballast


Keeping or deposit of  ballast must be on the land where it is produced.


The total amount of waste kept or deposited at that place must not exceed 10 tonnes for each metre of track from which the ballast derives.

Additional conditions

The exemption only applies to the keeping or deposit of waste by an establishment or undertaking where the waste kept or deposited is the establishment or undertaking’s own waste.


  1. “Operational Land” has the meaning given by Article 2 of the Planning (General Development) Order (Northern Ireland) 1993.

What the legislation says

The full wording of the paragraph 34 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.

Should you have any queries in relation to your application please contact:-

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