Regulatory Decision 059: Disposing of trees and plants affected by disease or pests
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
If you comply with the conditions in this RD, you can:
- burn trees and plants affected by disease or pests in the open under a Plant Health Notice
- exceed the burning and storage limits in Waste exemption: D7 burning waste in the open
If you cannot comply with the conditions in this RD, you need to apply for an environmental permit.
Conditions you must comply with
You must meet these conditions to comply with this RD.
You must:
- have and comply with a Plant Health Notice that requires you to eradicate disease and pests – you must comply with the requirements in that notice
- register a D7 waste exemption to burn plant tissue and untreated wood waste in the open
You must comply with all the conditions in waste exemption D7 except that in order to comply with the Plant Health Notice, you can:
- burn more than 10 tonnes of waste in any 24 hour period
- store more than 20 tonnes of waste at any one time
Enforcement
This RD does not change your legal requirement to have an environmental permit for a waste operation when disposing of trees and plants affected by disease or pests.
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