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Backyard Burning
Statutory Declaration - Application Form for Burning Waste
(.doc, 24 kbs, Last Updated: Wed, 27 Apr 2011 12:52:00 BST)
Backyard burning
(pdf, 85 kbs, Last Updated: )
Can I Burn Waste?
Except in exceptional circumstances it is an offence to burn waste.
For many years some people burned waste in their back gardens or on their property as part of their waste disposal system. Backyard burning was seen as a quick, easy and cheap way of getting rid of waste which caused no problems if it was done far away and out of sight.
Nowadays things are different. Increased environmental legislation and awareness, better disposal services and options, and changes in waste patterns have made Backyard Burning illegal, unhealthy, and unnecessary.
The main temptation now to continue backyard burning is that it is cheap, but this does not justify the practice. This short-sighted approach will lead to environmental and health related problems in the long run.
The Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009
The Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 came into force on the 29th July 2009. The main points of the new legislation are as follows:
1. Except as detailed from 4 to 10 below, it is an offence to burn any type of waste including garden waste such as brush, scrub, pruning etc.
2. The use of any device to burn waste, such as the “domestic waste incinerator”, stoves or open fires is an offence.
3. The owner or occupier of lands or a facility must take all reasonable steps to ensure that waste is not burnt on their lands or facility illegally.
4. There is an exemption to allow untreated/uncontaminated wood, trees, trimmings, leaves, bushes or similar materials generated by agricultural practices as a very last resort to be disposed of by burning and then only after filling in the required Statutory Declaration . (This exemption only applies to waste generated by agricultural practices. It does not apply to leaves/grass/bushes in a domestic garden for example). The exemption applies only when all other options of disposal, such as reduction, reuse, and recycling by shredding, composting or wood chipping, are found not to be practicable or economically viable.
5. There is an onus on the waste holder to investigate all other more environmentally friendly methods of treatment of green waste before disposal by burning.
6. The holder of the permissible waste will have to inform the local authority by Statutory Declaration in advance of the proposed burning of such waste. Holders of permissible waste, who dispose of the waste by burning without filling in the required statutory declaration form are in breach of the regulation.
7. Strict conditions apply when using burning as a means of disposal of green waste (generated by agricultural practices) such as limiting nuisance and protection of human health and not causing environmental pollution.
8. This exemption only applies until the 1st January 2014, after which time all burning will be disallowed unless an application is made for a Certificate of Registration under the Waste Management (Facility Permit and Registration) Regulations 2007-2008
9. The use of untreated or uncontaminated wood waste and other similar materials is permitted in barbeques for the purpose of cooking food.
10. Burning of untreated or uncontaminated wood waste or similar materials may take place at events as may be determined locally by the local authority.
Disclaimer
This interpretation does not purport to be a legal opinion and while care has been taken to ensure that the content of this document is useful and accurate no responsibility for the content or the accuracy of the information provided or for any loss or damage caused arising directly or indirectly in connection with reliance on the use of such information can be accepted. As with all matters legal, you should always consult with the original legislation.
