Skip to main content
Department of Agriculture, Environment and Rural Affairs Department of Agriculture, Environment and Rural Affairs An Roinn Talmhaíochta, Comhshaoil agus Gnóthaí Tuaithe Depairtment o' Fairmin, Environment an' Kintra Matthers

Main navigation

  • Home
  • Topics
  • Publications
  • Consultations
  • Contact

Translation help

Translate this page

Select a language

  • Arabic — عربي
  • Chinese (Simplified) — 中文简体
  • Chinese (Traditional) — 中文繁體
  • Dutch — Nederlands
  • Filipino — Filipino
  • French — Français
  • German — Deutsch
  • Hungarian — Magyar
  • Irish — Gaeilge
  • Italian — Italiano
  • Latvian — Latviešu
  • Lithuanian — Lietuvių kalba
  • Polish — Polski
  • Portuguese — Português
  • Romanian — Română
  • Russian — Русский
  • Slovak — Slovenčina
  • Spanish — Español
  • Ukrainian — Українська
  • Land treatment for agricultural benefit or ecological improvement - paragraph 9 exemption

    Topics:
    • Resource & Waste Policy, 
    • Waste management licensing exemptions (list)

    A paragraph 9 exemption allows certain wastes to be spread on land used for agriculture where the spreading will result in benefit to agriculture or ecological improvement or on land not used for agriculture where the spreading will result in ecological improvement.

    Waste stream(s) permitted

    Wastes identified by European Waste Catalogue (EWC) Codes in Column 1 of Table 3, Schedule 2, Part I of the Waste Management Licensing Regulations (Northern Ireland) 2003 (as amended), and referred to in Column 2 of that Table may be spread on land used for agriculture where the spreading results in benefit to agriculture or ecological improvement.

    Wastes listed in Part I of Table 3 and identified by EWC Code in Column 1 of Table 3, and referred to in Column 2 of that Table may be spread on operational land of a railway, light railway, or any Government Department; or land which is a forest, woodland, park, garden, verge, bank of an inland waterway, landscaped area, sports ground, recreation ground, churchyard or cemetery, where the land in question is not used for agriculture where the spreading results in ecological improvement.

    Quantity

    Where waste is to be spread for agricultural benefit the quantity shall be determined by the crop requirement and shall be based on the soil and waste analyses.

    No more than 250 tonnes, or in the case of dredgings from inland waters, 5,000 tonnes of waste per hectare can be spread in any 12 month period.

    Storage

    No more than 1000 cubic metres of waste can be stored and storage must be at the place where it is to be spread. Waste must be stored in a secure container or lagoon or place.

    Additional conditions

    The spreading of the waste must result in benefit to agriculture or ecological improvement and you must submit a certificate describing how the spreading activity will achieve this. The certificate must be prepared by or based on advice from a person with appropriate technical or professional expertise (see below).

    Benefit to agriculture shall be assessed by reference to whether the spreading will result in an improvement to the soil for the purpose of growing crops.

    Ecological improvement shall be assessed by reference to the extent to which wildlife habitats, which might otherwise deteriorate, are maintained or supported. The creation of a new habitat or the restoration of an old habitat shall be considered an improvement.

    Benefit to agriculture and ecological improvement shall be subject to the criteria given in Schedule 2, Part III of the Waste Management Licensing (Northern Ireland) Regulations 2003 (as amended)

    A certificate of benefit to agriculture or ecological improvement must be submitted with the Paragraph 9 exemption application. Where the waste to be spread involves animal by-products, it must have been treated in accordance with The Animal By-Products Regulations (Northern Ireland) 2003

    Where the Nitrates Action Programme (Northern Ireland) Regulations 2006 apply, treatment shall be carried out in accordance with those regulations.

    The following information contained in Part II of the schedule is required for the registration for an exemption under Paragraph 9

    1. The application shall include the following particulars –

    (a) a description of the waste to be used, its physical form and the process from which it arose;

    (b) a description of where and how the waste will be stored pending its use;

    (c) a description of the land which is to be treated with the waste, including:

    • the farm survey number;
    • client reference number;
    • field number (if applicable);
    • area available for treatment;
    • the soil;
    • crops grown or to be grown in the soil; and
    • all wastes used to treat the land in the previous six months;

    (d) the method and intended date of treatment, the quantities of waste to be used and the rate of application;

    (e) details of the benefit to agriculture or ecological improvement to be expected from the treatment, including any analysis of the waste or the soil, and management plans;

    (f ) the location of any waterway within 15 metres of the land on which the waste is to be spread.

    2. The application shall be accompanied by the following documents –

    (a) an analysis of the wastes to be used,

    (b) an analysis of the soil which is to be treated with the wastes;

    (c) an assessment of the risk of pollution caused by the use;

    (d) a certificate describing how the treatment will result in benefit to agriculture or the ecological improvement, which shall be prepared or be based upon advice from a person with the appropriate technical or professional expertise.

    3. Wastes shall be analysed in relation to the following parameters –

    (a) percentage dry solids content;

    (b) pH;

    (c) conductivity (mS);

    (d) total content of major nutrients and readily plant available ammonium-nitrogen with the results expressed on a fresh weight basis;

    (e) biochemical oxygen demand; and

    (f ) in relation to the types of waste that are listed in the first column of Table 12 in Part III of Schedule 2, the parameters ticked in the remaining columns of the Table.

    Interpretation

    “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 9 exemption can be found in Schedule 2 to the Waste Management Licensing Regulations (Northern Ireland) 2003 (as amended).

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

    More detailed information on this exemption can be found in the full guidance documents below.

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

    • Regulation Unit

    Forms and guidance

    • Paragraph 9 specific guidance
    • Record keeping templates
    • General guidance
    • you can also use apply online here

    Related content

    • Burning of waste as a fuel - paragraph 5 exemption
    • Burning of waste as a fuel in an appliance with a net rated thermal input of less than 0.4 megawatts - paragraph 7 exemption
    • Cleaning, washing, spraying or coating of waste packaging or containers - paragraph 6 exemption
    • Operation of a scrap metal furnace under a Pollution Prevention Control (PPC) permit - paragraph 4 exemption
    • Operation of a scrap metal furnace under an IPC authorisation - paragraph 3 exemption
    • The baling, compacting, crushing, shredding or pulverising of waste at the place of production - paragraph 27 exemption
    • The beneficial use of waste - paragraph 16 exemption
    • The burial of a dead domestic pet in the garden of a domestic property where the pet lived - paragraph 37 exemption
    • The burial on premises of sanitary waste arising from the use on those premises of a sanitary convenience which is equipped with a removable receptacle - paragraph 32 exemption
    • The burning of waste at a dock - paragraph 47 exemption
    • The burning of waste on land in the open - paragraph 30 exemption
    • The chipping, shredding, cutting or pulverising waste plant matter - paragraph 21 exemption
    • The composting and storage of biodegradable waste - paragraph 13 exemption
    • The crushing of waste gas discharge lamps - paragraph 51 exemption
    • The crushing, grinding or other size reduction of waste bricks, tiles or concrete - paragraph 24 exemption
    • The deposit of borehole or excavated waste - paragraph 35 exemption
    • The deposit of waste arising from dredging inland waters or from clearing plant matter from inland waters - paragraph 25 exemption
    • The discharge of sanitary waste from a passenger train - paragraph 31 exemption
    • The disposal of specified wastes at the place of production in an incinerator - paragraph 29 exemption
    • The heating of metals in a furnace or other combustion chamber for the purpose of removing grease, oil or any other non-metallic contaminant - paragraph 44 exemption
    • The keeping or deposit of spent railway ballast - paragraph 34 exemption
    • The keeping or deposit of waste arising from peatworking - paragraph 33 exemption
    • The laundering or otherwise cleaning of waste textiles with a view to recovery or reuse - paragraph 20 exemption
    • The manufacture of finished goods from waste metal, plastic, glass, ceramics, rubber, textiles, wood, paper or cardboard, and the storage of those wastes - paragraph 15 exemption
    • The manufacture of products from waste, the treatment of waste soil or rock which is to be spread on land under paragraph 9 or 11, and the storage of waste which is to be submitted to the preceding activities - paragraph 14 exemption
    • The reclamation, restoration or improvement of land - paragraph 11 exemption
    • The recovery and storage of waste from a water treatment works or a sewage treatment works - paragraph 46 exemption
    • The recovery of scrap metal or the dismantling of depolluted end-of-life vehicles - paragraph 45 exemption
    • The recovery of silver from waste produced in connection with printing or photographic processing - paragraph 22 exemption
    • The recovery of waste as an integral part of the process that produces it - paragraph 26 exemption
    • The recovery of waste consisting of animal by-products - paragraph 23 exemption
    • The repair, refurbishment, and storage of waste electrical and electronic equipment (WEEE) - paragraph 49 exemption
    • The secure storage of waste batteries and accumulators - paragraph 52 exemption
    • The secure storage of waste electrical and electronic equipment (WEEE) - paragraph 50 exemption
    • The spreading, or storage and spreading of sludge on land which is not land used for agriculture - paragraph 10(a) exemption
    • The storage of non-liquid waste including waste electrical and electronic equipment (WEEE) at any site other than the premises where it is produced - paragraph 40 exemption
    • The storage of sludge - paragraph 10(b) exemption
    • The storage of waste medicines at a pharmacy or storage of waste at the premises of a medical, nursing or veterinary practice - paragraph 39 exemption
    • The storage or deposit of waste samples to be tested or analysed - paragraph 38 exemption
    • The temporary storage of garbage or tank washings from ships at a port - paragraph 36 exemption
    • The temporary storage of waste, including WEEE, pending its collection, at the place where it is produced - paragraph 41 exemption
    • The treatment and storage of waste with a view to recovery or reuse, according to specified conditions - paragraph 12 simple exemption
    • The use and storage of waste glass in a process under an IPC authorisation - paragraph 1 exemption
    • The use and storage of waste glass under a Pollution Prevention Control (PPC) permit - paragraph 2 exemption
    • The use and/or storage of waste for the purpose of construction, maintenance or improvement of relevant work - paragraph 19 exemption
    • The waste management transitional arrangements for the treatment, keeping or disposal at any premises, of scrap metal or waste motor vehicles, which are to be dismantled pending the issue of a licence - paragraph 42 exemption
    • The waste management transitional arrangements to cover (up to 19 December 2004) the treatment, keeping or disposal of waste - paragraph 43 exemption
    Share this page Share on Facebook (external link opens in a new window / tab) Share on X (external link opens in a new window / tab) Share by email (external link opens in a new window / tab)

    Department footer links

    • Crown copyright
    • Terms and Conditions
    • Privacy
    • Cookies
    • Accessibility
    • The Northern Ireland Executive
    • The Executive Office
    • Department of Agriculture, Environment and Rural Affairs
    • Department for Communities
    • Department for Education
    • Department for the Economy
    • Department of Finance
    • Department for Infrastructure
    • Department for Health
    • Department of Justice
    • nidirect.gov.uk — the official government website for Northern Ireland citizens