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

A paragraph 40 exemption allows non-liquid waste, including WEEE(1), to be stored pending collection or transport, at a site where it was not produced.

Waste stream(s) permitted

Non-liquid waste, including WEEE.


The amount stored must not at any time exceed 50 cubic metres in total.

Up to 10 tonnes of scrap rails can be stored on operational land(2) of a railway, light railway or tramway, pending their collection or transport.

Storage and location

Storage must be in a secure container or containers.

Waste must not be stored for a period exceeding 3 months.

The person storing the waste must either own the storage container(s) or have the owner’s consent.

The storage container(s) must not be on a site that also receives waste for disposal or recovery elsewhere. This excludes storage at sites commonly known as transfer stations. This exemption is to apply at sites where the transfer of waste is merely ancillary to the operations of the site.

A transfer station is a facility designed or adapted for the purpose of transferring waste

Additional conditions

This exemption does not allow the storage of waste at a place used for the dismantling of waste motor vehicles or scrap metal recovery.

Under Annexe III of the WEEE Directive, sites for storage (including temporary storage) of WEEE prior to their treatment must have impermeable surfaces and waterproof covering for appropriate areas.


  1. Waste electrical and electronic equipment or "WEEE" means electrical or electronic equipment which is waste within the meaning of Article 1(a) of Directive 75/442/EEC, including all components, subassemblies and consumables which are part of the product at the time of discarding.
  2. 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 40 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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