What the legislation says
26 (1) Recovery or disposal of waste, at the place where it is produced, as an integral part of the process that produces it, except for final disposal by deposit in or on land.
26 (2) Storage, at the place where it is produced, of waste which is intended to be so recovered or disposed of.
What this means
Paragraph 26 (1) allows wastes to be recovered or disposed of except where the disposal is landfilling or landspreading.
Paragraph 26 (2) allows storage of that waste, if it is produced.
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 26 (1)
Q. What can I do?
A. You can recover or dispose of waste where these activities are an integral part of a production process. This would exclude disposal of the waste on land.
Q. Who can do it?
A. Any company, organisation or individual who registers with us an activity that is exempt under Paragraph 26. 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.
Paragraph 26 (2)
Q. What can I store?
A. You can store the waste.
Q. Where can you store it?
A. At the place where it was produced.
Example of an activity which is suitable for registration under a Paragraph 26 (1) (2) (3) exemption:
- The excess clay from the manufacture of clay pots is routinely returned to the process following cleaning.
Register the cleaning and return of the clay to the process as a Paragraph 26 exemption.
Example of an activity which is not suitable for registration under a Paragraph 26 (1) (2) (3) exemption
- A company engineers specialist glasswear for laboratory use, and intends to dispose of the ground glass on land within the curtilage of the factory premises.
The disposal of the ground glass to land is not permitted by this exemption. The landfilling of waste is likely to require a waste management licence.
