What the legislation says
21 (1) Subject to sub-paragraph (2):
(a) chipping, shredding, cutting or pulverising waste plant matter, including wood or bark; or those activities which are carried on for the purposes of recovery or reuse; and
(b) sorting and baling sawdust or wood shavings,
On any premises
21 (2) An operation does not fall within sub-paragraph (1) unless -
(a) it is carried on for the purposes of recovery or reuse; and
(b) no more than 1,000 tonnes of such waste is dealt with on those premises in any period of seven days.
21 (3) Storage of waste in connection with an operation mentioned in sub-paragraph (1) at the premises where it is carried on if the total amount of waste stored at those premises does not at any time exceed 1,000 tonnes.
What this means
Paragraph 21 (1) (a - b) allows plant matter including wood or bark to be cut, shred, chipped or pulverised and sawdust and wood shavings to be sorted and baled provided these wastes are to be recovered and not disposed of.
Paragraph 21 (2) limits the handling of these wastes to 1,000 tonnes per week.
Paragraph 21 (3) permits 1,000 tonnes of these wastes taken together, to be stored at the place where they will be handled in the ways described in paragraph (1) above.
Questions and answers
We have provided the following questions and answers to help you understand if this exemption covers the type of activity that you wish to undertake.
Paragraph 21 (1) (a - b)
Q. What can I do?
A. You can shred, cut or pulverise plant matter including wood and bark that you intend to recover or reuse. You can also sort and bale sawdust and wood shavings.
Q. Who can do it?
A. Any company, organisation or individual that registers with us, an activity that is exempt under paragraph 21. By individuals we mean those acting in a business capacity, such as a sole trader. The law does not require an individual acting in a personal capacity to register an exemption.
Q. Where can I do it?
A. At the place or places you identify when you register the exemption. This can be an area of open land.
Q. Am I allowed to chip processed wood such as treated timber under this exemption?
A. No, the wood that can be chipped, cut, shred or pulverised under this exemption, only includes wood in a natural state. It would not include wood that has been engineered or treated such as old doors, pallets or fence panels etc.
Paragraph 21 (2) (a - b)
Q. What can I do?
A. You can do those activities listed to wastes that are to be recovered or re-used but not to wastes which are to be disposed of. Also this exemption limits the amount of waste that you deal with to 1,000 tonnes per week.
Paragraph 21 (3)
Q. What can I store?
A. You can store the wastes that are to be or have been processed under Paragraph 21 (1).
Q. Where can I store them?
A. At the same place where the chipping, shredding pulverising, sorting or baling takes place.
Q. For how long can I store the waste?
A. There is no restriction on the length of storage time but you must limit the storage volume to 1,000 tonnes and make sure that the storage of the waste does not create pollution or cause a nuisance.
Example of an activity which is suitable for registration under a Paragraph 21 (1) (2) exemption:
- A landscape gardener chips tree and bush cuttings and supplies the chip to a compost facility who use it as a control in the composting process.
The chipping of the wood will require registration as a Paragraph 21 exemption.
Example of an activity which is not suitable for registration under a Paragraph 21 (1) (2) exemption:
- A company receives used pallets which it processes by chipping in order to make a feedstock for the manufacture of medium density fibreboard (mdf).
The chipping of processed wood is not covered by the Paragraph 21 exemption. It may be permitted under the terms of the Paragraph 13 exemption or by Paragraph 27.
