Paragraph 42 exemption

Find out what paragraph 42 legislation says and what it means

What the legislation says

42 (1) Crushing waste discharge lamps (including fluorescent tubes which are hazardous waste within category 20 01 21*) for the purposes of volume reduction prior to collection, where the material is intended for recovery or reuse if:

(a) the operation is carried on in equipment designed for the purpose of volume reduction prior to collection;
(b) the operation is carried on solely for that purpose;
(c) the mercury concentration in emissions does not exceed 50 micrograms/cubic metre; and
(d) the total quantity of lamps processed in any period of 24 hours does not exceed 3 tonnes.

42 (2) Secure storage of such lamps prior to crushing, or after crushing but prior to collection if:

(a) the lamps are stored under weatherproof covering; and
(b) after crushing, the lamps are stored in a secure container.

What does this mean?

You can crush waste gas discharge lamps to reduce their volume before they are collected for recovery or reuse and you can store that waste before and after crushing.

Questions and answers

We have provided the following questions and answers to help you further understand if this exemption covers the type of activity that you wish to undertake.

Paragraph 42 (1)

Q. What can you do?
A. Crush lamps to reduce their volume if the lamps are going to be collected for recovery or reuse elsewhere.

Q. Who can do it?
A. Any company, organisation or individual who registers an activity with us that is exempt under paragraph 42. 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 this exemption.

Q. Do the lamps have to be crushed in a particular way?
A. Yes, the lamps can only be crushed in equipment specifically designed for lamp crushing. The equipment should be supplied and maintained to make sure that the mercury concentration in the emissions does not exceed 50 micrograms/cubic metre.

Q. How many lamps can I crush?
A. No more than three tonnes of lamps can be crushed in any 24 hour period.

Paragraph 42(2)

Q. What can you do?
A. You can store lamps before or after crushing under Paragraph 42 (1)

Q. Where can this take place?
A. At the place or places you identify on your notification form.

Q. How should the lamps be stored?
A. Store:

  • uncrushed lamps under a weatherproof covering, for example in a building or in a container that has a waterproof lid
  • crushed lamps in a suitable container.