What the legislation says
33. Keeping or depositing waste consisting of excavated materials arising from peatworking at the place where that operation takes place if the waste kept or deposited is produced by the establishment or undertaking carrying out the operation.
What this means
Paragraph 33 allows those producing waste from peat digging to hold or return their own waste to the dig area.
Questions and answers
We have provided the following questions and answers to help you better understand if this exemption covers the type of activities that you wish to undertake.
Paragraph 33
Q. What can you do?
A. You can keep or dispose of excavation wastes that were generated from a peat dig but this is strictly limited to those wastes which were generated as part of the dig by the person or organisation doing the dig.
Q. Who can do it?
A. Any company, organisation or individual who registers a Paragraph 33 exemption with us. 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 you do it?
A. At the place or places you identify when you register the exemption which must also be the place where the peat was extracted.
Example of an activity that is suitable for registration under a Paragraph 33 exemption:
- An organisation undertaking a peat dig intends to return some of the excavated waste to the hole from which it was dug.
The return of the excavated peat waste to the hole from which it was dug would need to be registered as a paragraph 33 exemption.
Example of an activity that is not suitable for registration under a Paragraph 33 exemption:
- The owner of land which has been partially dug to extract peat intends to restore the level of the land using suitable waste material from elsewhere.
The restoring of the land levels with material from another source would not be permitted by the paragraph 33 exemption. The reclamation of land in certain circumstances, may be permitted by a Paragraph 9 exemption.
