Find out about reclamation, restoration or improvement of land.
What the legislation says
What Paragraph 9 exemption permits
Paragraph 9 allows wastes from Part 1 of the table which is set out in the document to the left of the page, to be spread on any land and wastes included in Part 2 of the same table to be spread on any land with the intention of achieving agricultural or ecological improvement.
The wastes that you can use under this exemption are listed in the right-hand side of the table but they must be produced by the source that is listed alongside that type of waste, in the left hand column.
This exemption limits the type of land to which wastes can be applied, to any requiring improvement, restoration or reclamation as a result of previous development or industrial use, where the use the land could be put to would be improved by the spreading.
The volume of waste is restricted to 20,000 cubic metres per hectare and the depth of spread must be two metres. The activity must also have planning permission, where this is required, to qualify for this exemption.
There is also a storage provision in the exemption that allows the wastes that are to be used under the terms of the exemption, to be stored for a maximum of six months at the place of use.
Paragraph 9 is one of the higher risk exemptions. As such, before we register this exemption on your behalf you need to:
- complete a form, and
- provide us with a range of supporting information in support of your proposal.
The exemption is chargeable and requires annual renewal and the payment each year, of a renewal fee.
Questions and answers
The following section may cover question you still have regarding the Paragraph 9 exemption.
Q. What is meant by agricultural benefit and ecological improvement?
A. Ecological improvement might involve:
- maintaining or providing new habitats for wildlife, or
- developing existing habitats to support greater biodiversity.
Agricultural improvement could involve the physical, chemical or nutrient enhancement of soil to support crop growth.
Q. Am I required to keep records of the waste that I use?
A. Yes, if in the carrying out of this exemption you use more than 2,500 tonnes of waste, you are required to keep records of the waste used, such as the:
- quantity
- nature
- origin, and
- if relevant, the destination and treatment of waste.
This information must be kept for at least two years. This is separate from your responsibilities under the Duty of Care Regulations which requires transfer notes to be kept for all wastes entering and leaving the site.
Examples of activities that are suitable for registration under a Paragraph 9 exemption
Previous mining activity has caused an area of land on a farm to subside. The farmer wishes to import suitable waste material to restore the land to its previous level.
This type of activity would be suitable to register as a Paragraph 9 exemption, provided that the work can be undertaken within the limits of the exemption.
Part of an area of brownfield site. Is to be reclaimed to provide a play area for children.
This type of activity is suitable to register as a Paragraph 9 exemption, provided that the work is undertaken within the limits of the exemption.
Example of an activity that would not be suitable for registration under a Paragraph 9 exemption
A farmer wishes to import waste onto his farm to level an area of land which forms a natural depression in the landscape.
This type of activity is not permitted under the Paragraph 9 exemption as the reclamation of the land does not result from previous development or industrial use.
Who do I speak to if I want a notification form to be sent to me by post or if I still have a query about this exemption that is not covered here?
For general enquires or to request a notification by post, phone our National Customer Contact Centre on 0370 8506506. If they are unable to answer your query, they may pass you to someone in our area offices who will assist with more technical enquiries.
If you think that you meet the requirements of the Paragraph 9 exemption and wish to proceed with the registration, please use the forms below:
Do not try and use these forms to notify a new site. They can now only be used to renew an existing exemption.
