Regulatory Decision 095: The disposal by burning (other than at a dockside) of waste plant tissue and wood as required under a Plant Health notice
This Regulatory Decision (RD) is valid until 1 June 2025 by which time it will be reviewed. You should check back at that time to ensure the RD is still valid.
NRW can withdraw or amend this RD before the review date if we consider it necessary. This includes where the activities that this RD relates to have not changed.
Regulatory Decision
This RD applies if you burn waste plant tissue or wood used to wedge or support ship’s cargo (dunnage), other than at the site of production.
‘Dunnage’ is waste plant tissue or wood of any kind – including packaging material, spacers and pallets – used to wedge or support ship’s cargo. Dunnage needs to be burnt on arrival at a dockside to avoid beetles, etc. being introduced from abroad.
The burning of dunnage at the dockside where the cargo is unloaded is exempt from environmental permitting. For practical or logistical reasons, it is not always possible to burn all the waste plant tissue or wood at the dockside. Instead, the waste is burnt at the place where the goods are delivered to, but this does not qualify for the exemption.
We are satisfied that there is no additional environmental risk to burning dunnage away from the docks provided it is done under a Plant Health notice. Such notices are issued under Article 32 of the Plant Health (Wales) Order 2006.
If you cannot comply with the conditions in this RD, you need to apply for an environmental permit.
Conditions you must comply with
We will not pursue an application for an environmental permit for the activity where:
- The waste is kept securely before being burnt
- Only the waste required to be disposed of under the Plant Health notice is burnt
- The total quantity of waste burned or stored over any period of 24 hours does not exceed 10 tonnes
- The waste is burnt as soon as is practicable following the removal of the product it is packaging
- A copy of the Plant Health notice is kept by the person it is served on for up to six months following the burning and is made available to our officers on request
Enforcement
This RD does not change your legal requirement to have an environmental permit for a waste operation when disposing by burning (other than at a dockside) waste plant tissue and wood as required under a Plant Health notice.
However, NRW will not normally take enforcement action if you do not comply with the need for an environmental permit if you meet the requirements in this RD.
In addition, your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and must not:
- cause a risk to water, air, soil, plants or animals
- cause a nuisance through noise or odours
- adversely affect the countryside or places of special interest