What the legislation says
34. Keeping or depositing on land spent ballast at the place where it is produced if:
(a) the land is operational land of a railway, a light railway or a tramway;
(b) the total amount kept or deposited at that place does not exceed 10 tonnes for each metre of track from which the ballast derives; and
(c) the waste kept or deposited is produced by the establishment or undertaking carrying on the operation.
What this means
Paragraph 34 (a - c) allows operators of rail and tram lines to keep or deposit up to 10 tonnes of their own spent ballast per metre of track, alongside the track from which it was removed.
Questions and answers
We have provided the following questions and answers to help you better understand if this exemption applies to the type of activity that you wish to undertake.
Paragraph 34 (a - c)
Q. What can you do?
A. You can keep or deposit up to ten tonnes per metre of track, of your own spent ballast at the place where it was produced. This would mean that 40 tonnes per metre of spent ballast could be deposited or kept alongside a four track line.
Q. Who can do it?
A. Any company, organisation or individual who registers an activity with us that is exempt under Paragraph 34. 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 operational land of a:
- railway
- light railway, or
- tramway.
Example of an activity that is suitable for registration under a Paragraph 34 exemption:
- As part of an upgrade to a section of the rail network, non-hazardous, contaminated ballast will be removed and deposited adjacent to the new ballast.
The deposit of the contaminated ballast along the same stretch of rail should be registered as a Paragraph 34 exemption.
Example of an activity that is not suitable for registration under a Paragraph 34 exemption:
- As part of the same upgrade, some section of the rail will be also be removed and replaced with new. The used rails are to be stacked alongside the same section of track.
The Paragraph 34 exemption does not include the keeping or deposit of scrap metals. The temporary storage of up to 10 tonnes of scrap rails on operation land of a railway, light railway or tramway is permitted by Paragraph 51 exemption. Paragraph 51 exemption does not require registration with us.
