You can no longer register this exemption.
Paragraph 12 allows biodegradable wastes to be composted.
What the legislation says
What Paragraph 12 exemption permits
Paragraph 12 allows 1,000 cubic metres of biodegradable waste to be composted at the place where that waste:
- is produced, or
- where it is spread.
The composting can be carried out at the occupied premises of the producer or user.
The amount that can be composted increases to 10,000 cubic metres if the waste is produced from or to be used for mushroom compost. However, this type of exempt activity needs to be registered with your local authority and not ourselves.
The exemption also covers the storage of the waste that is to be composted.There are no specific limits on the volumes that can be held in storage. It is essential that the volume stored is directly proportionate to the amount that is composted avoiding the risk of excessive quantities of stored waste causing:
- pollution
- harm, or
- nuisance.
Questions and answers
The following section may cover questions you still have regarding the Paragraph 12 exemption.
Q. Will I need to renew my registration of a Paragraph 12 exemption at any time?
A No, you do not need to renew the registration. You will need to re-register however, if any of the information you have provided as part of the registered activity, changes substantially.
Q. What is meant by biodegradable waste?
A. Biodegradable wastes are those that rapidly decompose to produce compost. These include both 'green' wastes such as:
- garden or landscaping clippings, and
- plant tissue waste and also kitchen and catering type wastes.
Green wastes may be composted in open windrows but kitchen and catering wastes which may have been contaminated by, or are likely to have come into contact with, meat products cannot be stored or composted in the open. This prevents the spread of disease from infected meats and is a requirement of the Animal By-Products Regulations (ABPR) 2003.
The types of biodegradable waste you are able to compost in the open are therefore limited and if you do compost contaminated wastes in an enclosed system you may need an Animal By-Products Authorisation.
Q. My compost facility will be quite close to occupied residences. Will this affect the registration?
A. It could do if the amount that you wish to process is greater than 10 cubic metres and the boundary of your compost facility is less than 250 metres from a workplace or the boundary of a dwelling. In these circumstances we will reject your application unless you can demonstrate, in you risk assessment, the reasons why your compost facility will not pose a risk to neighbours.
Q. Does this exemption also cover the spreading of the compost?
A. Compost which is processed to the standards set out in the quality protocol on composting does not need to be spread under the terms of an exemption. Compost which is not processed to this standard will needs to be registered as a Paragraph 7 or 9 exemption before it is spread.
Find out more information about the compost quality protocol.
Q. Does the exemption also allow chipping of wood for composting.
A. No, but you may be able to do this activity under another exemption – Paragraph 21. Check the guidance that is provided to help you assess whether it covers what you want to do. If it does, you need to register both exemptions.
Example of an activity that would be suitable for registration under a Paragraph 12 exemption
A farmer wishes to import and compost biodegradable waste at his farm with the intention of spreading the finished compost on his own land.
This activity is accepted as a Paragraph 12 exemption provided all the limitations of the exemption were met. The spreading of the compost requires registration as a Paragraph 7 Exemption unless the compost was processed to PAS 100 standard.
Example of an activity that would not be suitable for registration under a Paragraph 12 exemption
An establishment plans to take biodegradable waste from several different producers and supply the finished compost to multiple outlets.
This activity is not suitable for registration as a Paragraph 12 exemption. The exemption allows you to compost waste:
- from external sources and use that finished compost at the site where the composting took place or on other land occupied by you, or
- on the site where the waste originated and then supply that compost to external outlets. The exemption does not allow you to do both.
Who do I speak to if I want a notification form to be sent to me by post, or if I still have a query about this exemption that is not covered here?
For general enquires or to request a notification by post, phone our National Customer Contact Centre on 0370 8506506. If they are unable to answer your question, they may pass you to someone in our area offices who will assist with more technical enquiries.
If you think that you can meet the requirements of the Paragraph 12 exemption and want to proceed with the registration, please use the forms below:
