»Ê¼Ò»ªÈË

The Environment Agency has now published its consultation response on the introduction of charges for waste exemptions, confirming that the reform will be implemented from 1 July 2025.

Key points relevant to farmers include:

• The introduction of charges for renewing and registering waste exemptions, aiming to improve the system’s sustainability and reduce waste crime.
• The addition of two waste exemptions, T29 (use of waste in land treatment) and T32 (use of waste for restoration of land), to the ‘common on-farm’ list. This should simplify exemption requirements for many farm businesses.
• Updated guidance to help farmers choose the correct exemption and understand their obligations under the new system.

We continue to monitor the impact of these changes on our members and will provide further updates as needed.

For full details, see the Environment Agency’s publication: .

This consultation has now closed.

»Ê¼Ò»ªÈËwelcomes the opportunity to respond to the consultation on waste exemptions.

While we support the goals of improving environmental standards and regulatory clarity, we have concerns about the proposed banding of exemptions, compliance charges, transparency of how these charges have been calculated and their affordability for the agricultural sector.

These changes risk placing unnecessary financial and operational burdens on farmers, particularly small and family-run businesses, while failing to reflect the low-risk and environmentally beneficial nature of many agricultural practices.

Farmers are working under enormous pressure to produce healthy and nutritious food alongside protecting and enhancing our environment.

The current waste exemption registration system is well understood by the agricultural industry, supports farmers and growers to ensure compliance with waste regulation and safeguard their activities against environmental harm while conducting their day-to-day operations.

Affordability and sectoral impact

»Ê¼Ò»ªÈËacknowledges the EA’s efforts to reduce costs for 15 ‘common on-farm’ exemptions, but we remain concerned about the broader financial impact on small and family-run farms.

Farmers operate on tight margins and rely on exemptions to manage waste sustainably while delivering environmental benefits. Increased costs could hinder innovation, reduce compliance, and create unintended consequences such as increased fly-tipping

»Ê¼Ò»ªÈËunderstands that, as of November 2024, the Environment Agency had 126,661 waste exemption registrations in England, and approximately 62% of all those registrations are situated on farms.

If all 78,129 of these registered exemption holders, paid the basic charges for the registration fee (£48) and the ‘common on farm list’ (£88), proposed to be £144 every three years, our calculations are that these changes would cost the agricultural sector £11,250,576 every three years, or £3,750,129 annually.

These estimated figures exclude any waste exemptions not covered by the ‘common on-farm list’ that could bring significant additional costs.

Inclusion of additional exemptions in the common on-farm list

»Ê¼Ò»ªÈËwould support the creation of the common on-farm list, but with several additional exemptions included.

Based on feedback from our members, the NFU recommends the inclusion of the following exemptions in the common on-farm list:

• T6 (Treating waste wood and waste plant matter by chipping, shredding, cutting, or pulverising).
• T29 (Treatment of non-hazardous pesticide washings by carbon filtration for disposal).
• T32 ( Treatment of waste in a biobed or biofilter).

These exemptions reflect common farming activities that align with low-risk operations and environmentally responsible practices.

Banding of waste exemptions

Band 2 exemptions: »Ê¼Ò»ªÈËis concerned that key agricultural activities such as D1 (depositing waste from dredging inland waters) and U10 (spreading waste to benefit agricultural land) are classified as moderate-risk.

These activities are environmentally beneficial, and pose minimal risk when managed responsibly. We recommend reclassifying these exemptions to Band 3 to reflect their low risk and significant environmental and agricultural benefits.

Band 3 exemptions: »Ê¼Ò»ªÈËagrees with the classification of Band 3 exemptions, which represent low-risk activities critical to sustainable farming practices, including the use of mulch, plant matter, and ash.

Retaining these exemptions in Band 3 is essential to minimise regulatory costs and support environmentally sound agricultural practices.

Upper band exemptions: We agree with the inclusion of T8, T9, and U16 in the upper compliance band as these are high-risk activities not typically relevant to farming.

Compliance charges

Proposed charges (table 6): »Ê¼Ò»ªÈËdisagrees with the proposed charges, particularly the £420 fee for Band 1 exemptions.

These charges are excessive for small-scale or infrequent farming activities and do not account for the low-risk nature of many agricultural practices.

This disproportionate financial burden risks discouraging compliance and may exacerbate issues such as fly-tipping, for which farmers already bear significant costs.

Additional exemptions (table 7): »Ê¼Ò»ªÈËsupports the proposed reduced charges for additional exemptions, as this offers a fairer and more affordable solution for farmers needing multiple exemptions outside the common on-farm list.

Farmer-specific guidance

»Ê¼Ò»ªÈËalso believes that farmer-specific guidance is essential to ensure clarity and ease of compliance.

Many farmers, especially small and family-run businesses, may not have the resources or expertise to navigate complex regulatory frameworks.

Clear, accessible guidance tailored to the agricultural sector is necessary to help farmers understand the specific requirements of waste exemptions and avoid unnecessary penalties.

Providing guidance in a practical, farmer-friendly format, such as templates or dedicated support channels, will increase compliance and foster positive environmental outcomes.

Further recommendations

Ensure that compliance charges are proportionate to the scale and risk of agricultural activities.

Monitor the impact of these reforms to ensure they do not discourage compliance or innovation, particularly for small-scale and low-margin farming operations.

Maintain clear communication with the agricultural sector to refine and improve the waste exemption system over time.

»Ê¼Ò»ªÈËremains committed to supporting regulatory reforms that are fair, effective, and environmentally sound.

We look forward to continued dialogue with the EA to ensure these objectives are met.

The NFU’s feedback form has now closed for responses. Our response will be published shortly.

Currently, waste exemptions are free to register for and allow operators to carry out low-risk waste management activities without needing an environmental permit.

There are 57 types of waste exemptions in the UK, covering a range of activities like waste storage, recycling, and recovery, which must comply with conditions regarding waste types, storage, and treatment.

Summary of key changes

The consultation outlines key reforms, including the introduction of registration and compliance charges for waste exemptions, a more risk-based approach to compliance monitoring, and specific provisions for the agricultural sector.

Registration and compliance charges

Registration charge:

• Operators will pay a registration charge of £56 to register one or more exemptions.

Charges for farmers:

• Farmers will face a reduced compliance charge for the 15 ‘common on-farm exemptions’, which include activities like spreading waste to benefit agricultural land. The ‘common on-farm’ group is only available to farmers.
• Farmers who require additional exemptions outside of the common group will pay the standard charges for non-farming businesses, but with savings for multiple registrations.

Registration fee	Charge of £56	Applicable to all, every three years
Common on-farm waste exemptions	Charge of £88	Required every three years

Total charge = £144 (for three-year registration period).

Common on-farm exemptions list

Waste exemption	Activity description
U1 waste exemption: use of waste in construction	Allows the use of suitable waste in construction as a recovery activity
U4 waste exemption: burning waste as fuel in a small appliance	Allows the use of waste plant material or untreated wood as fuel in a small appliance to produce heat or power
U8 waste exemption: using waste for a specified purpose	Allows the use of waste materials (that do not need treating) for a specific purpose to reduce the use of virgin or non-waste materials
U10 waste exemption: spreading waste to benefit agricultural land	Allows the spreading of specific waste on agricultural land to replace manufactured fertilisers or virgin materials (such as lime) to improve or maintain soil
U12 waste exemption: using mulch	Allows landscapers, farmers and growers to spread mulch as a protective covering onto land around trees, bushes or plants
U13 waste exemption: spreading plant matter to provide benefits	Allows the spreading of cut plant material at the place of production for weed suppression or to provide nutrients to the soil
U14 waste exemption: incorporating ash into soil	Allows the mixing of ash back into the soil to return some of the nutrients from the burnt crops and vegetation
U15 waste exemption: pig and poultry ash	Allows the mixing of ash from burning pig or poultry with slurry and/or manure and spreading it on farmland to provide the soil with nutrients
D1 waste exemption: depositing waste from dredging inland waters	Allows the deposit of dredging spoil on the banks of the water it was dredged from and treat it by screening and removing water
D3 waste exemption: depositing waste from a portable sanitary convenience	Allows the burial of waste from a portable toilet, to avoid long-distance transportation of small quantities of waste to sewage treatment works
D4 waste exemption: depositing agricultural waste consisting of plant tissue under a Plant Health Notice	Allows the deposit of diseased crops where they were grown when a Plant Health Notice has been issued, to reduce the risk of spreading plant diseases or pests
D6 waste exemption: disposal by incineration	Allows the disposal of small amounts of specific waste that have been produced on site in an incinerator
D7 waste exemption: burning waste in the open	Allows the burning of plant tissue and untreated wood waste from joinery or manufacturing in the open air
T1 waste exemption: cleaning, washing, spraying or coating waste	Allows treatment of waste packaging so it can be reused in its original form or becomes clean waste suitable for recycling
T23 waste exemption: aerobic composting and associated prior treatment	Allows the composting of small volumes of vegetation, cardboard and food waste to spread on soil to add nutrients or improve the structure

Compliance charge bands (for activities outside the ‘common on-farm’ group)

The proposed charges will be divided into four bands based on: 

• Environmental risk posed by the waste exemption.
• Regulatory effort required for compliance monitoring.
• Practicality of carrying out site-based compliance inspections.

Bands:

• Band 1 (highest risk)
• Band 2
• Band 3 (lowest risk)
• Upper Band (T8, T9, U16 exemptions): These exemptions are being phased out, with operators needing to apply for an environmental permit by the relevant transitional date. Operators who transition to an environmental permit will receive a partial refund on the compliance charge.

Band 1	Charge of £420	One inspection per registration period (three years)
Band 2	Charge of £212	50% of sites inspected every three years
Band 3	Charge of £30	Assessed through targeted campaigns and desk-based assessments
Upper compliance band	Charge of £1,236	, , Assessed annually

See the full list of which exemptions fall into each band (opens in a new tab).

Reduced charges for multiple exemptions

When operators register multiple exemptions in the same band, they will pay a reduced compliance charge for subsequent exemptions:

• Additional band 1 or 2 compliance charge: Reduced charges for additional waste exemptions within the same band.
• Additional upper band compliance charge: Reduced charges for each additional upper band exemption.
• Band 3 exemptions (assessed through desk-based assessments) do not receive a reduced charge for multiple exemptions, as they require separate assessments.

Upper band exemptions (T8, T9, U16):

• The T8, T9, and U16 waste exemptions will be removed as part of the reform, and operators will need to either stop their exempt activities or apply for an environmental permit by the transitional date.
• Partial refunds of the compliance charge will be offered to operators who transition to an environmental permit.

Additional Tier 1/2	Charge of £76	Additional exemptions will be charged at a reduced rate
Upper band compliance	Charge of £227	T8, T9, U16 These will eventually become part of the permitted regime.

Compliance and inspections

The introduction of the charge system will allow for a risk-based, proactive compliance approach, with inspections, campaigns, and desk-based assessments focused on higher-risk activities.

Band 1 exemptions will be assessed during the three-year registration period.

50% of Band 2 exemptions will be assessed during the same period, while Band 3 exemptions will be reviewed through targeted campaigns.

See the detailed list of which exemptions fall into each band (opens in a new tab).

This list will help farmers and operators understand which exemptions may be subject to higher charges and which will have lower costs associated with compliance.

More information can be found at: .

Exemptions you do not need to register for

Non Waste Framework Directive exemptions are existing, non-registerable exemptions. If you store your own waste temporarily, or operate a waste collection point, you may not need to register an exemption.

However, you must still comply with certain limits and conditions. The EA is not consulting on a charge for these, but it is important to be aware of the exemptions for waste activities you are automatically covered for.

• NWFD2 allows waste to be temporarily stored at the place of production (in a secure place for up to 12 months) before it is collected. As part of this, farmers can carry out some treatments to facilitate the collection (like cardboard baling for example). This needs to be the farmer's own waste, not waste imported from another farmer/business.
• NWFD3 allows temporary storage at a place controlled by the producer. For example, a farmer producing waste on one farm, and then storing that waste on another one of their farms. This one has a few more conditions associated with it. Again, you can treat the waste to facilitate the collection.

For more information, visit: .