Law and Climate Change Toolkit

Section 1

 1.
 These Regulations may be cited as the Crop Residues (Burning) Regulations 1993, shall extend to England and Wales and shall come into force on 29th June 1993.

Legal Area
-
Cross-cutting Categories
-

Section 2

 2.
 —
 (1) In these Regulations, unless the context otherwise requires- "A-road" means any principal road so classified under section 12 of the Highways Act 1980([2]) to which is assigned in common usage an identifying number with the prefix "A"; "crop residue" means straw or stubble or any other crop residue remaining on the land after harvesting of the crop grown thereon; "district council" includes the Council of the Isles of Scilly; "dual carriageway" means a road part of which consists of a central reservation to separate a carriageway to be used by vehicles proceeding in one direction from a carriageway to be used by vehicles proceeding in the opposite direction; "fire-break" means an area of ground of which the surface consists wholly or mainly of substances other than combustible material; "motorway" means a special road within the meaning of section 142(1) of the Road Traffic Regulation Act 1984([3]) which has been declared open for use under section 1(4) of that Act; and "scheduled monument" has the meaning assigned to that expression in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979([4]).
 (2) Any reference in these Regulations to a numbered regulation or schedule shall be construed as a reference to the regulation or schedule bearing that number in these Regulations.

Legal Area
-
Cross-cutting Categories
-

Section 3

 3.
 The Crop Residues (Restrictions on Burning) (No.2) Regulations 1991([5]) are hereby revoked.

Legal Area
-
Cross-cutting Categories
-

Section 4

 4.
 No person engaged in agriculture shall, on agricultural land, burn any crop residue of a kind specified in Schedule 1 unless the burning is for the purposes of-
 (a) education or research;
 (b) disease control or the elimination of plant pests where a notice has been served under article 22 of the Plant Health (Great Britain) Order 1993([6]);
 (c) the disposal of straw stack remains or broken bales.

Legal Area
-
Cross-cutting Categories
-

Section 5

 5.
 No person engaged in agriculture shall, on agricultural land, burn-
 (a) any crop residue of a kind specified in Schedule 1 to which an exemption specified in regulation 4(a) or (b) applies; or
 (b) any linseed residues, otherwise than in accordance with the restrictions and requirements set out in Schedule 2.

Legal Area
-
Cross-cutting Categories
-

Section 6

 6.
 A person who contravenes regulation 4 or regulation 5 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Legal Area
-
Cross-cutting Categories
-