3 Burning of crop residues
14.76 The Environmental Protection Act 1990158 introduced provisions to enable the Minister to make regulations to restrict agricultural practices, such as stubble burning, which may have a deleterious effect on the environment.
Restrictions as to when and how cereal stubble and other crop stubble may be burned were introduced by the Crop Residues (Restrictions on Burning) Regulations 1991.159 After a three-year ‘phasing-in’ period, the 1991 Regulations were replaced by a complete ban on the burning of cereal stubble from 29 June 1993, under the Crop Residues (Burning) Regulations 1993.160 There are exceptions in the 1993 Regulations allowing burning in limited cases, which are outlined below.14.77 The prohibition on stubble burning is not solely an issue of aerial pollution – it is also important or the preservation of soil organic content. The prohibition on burning cerweal stubbles outlined below must also, therefore, be observed under the cross-compliance rules of the basic payment scheme for farm income support, as a good agricultural and environmental condition requirement – GAEC 6 on protection of soil organic matter.161 Breach of the requirements outlined below may result in an administrative penalty and the reduction or withdrawal of the basic payment.
(a)Prohibition on burning
14.78 The Crop Residues (Burning) Regulations 1993162 impose a general prohibition on the burning on agricultural land of any crop residues of the following kinds;
(a)Cereal Straw
(b)Cereal stubble
(c)Residues of oil seed rape, field beans harvested dry, or peas harvested dry
Contravention of the regulations is an offence punishable on summary conviction with a fine for each contravention not exceeding level 5 on the standard scale (£5,000).
14.79 Some stubble burning is permitted, under strictly controlled circumstances.
Crop residues, straw and stubble can be burned if the burning is for the purposes of education or research, for disease control or the eradication of pests (but only if a written Plant Health Order has been issued ordering burning), or for the disposal of straw stack remains or broken bales.163 Linseed residues can also be burned.(b)Conditions on Permitted Burning
14.80 Where burning is permitted by the exemptions outlined above – eg for educational or plant health purposes – the burning must be carried out strictly in accordance with the requirements of the 1993 Regulations.164 These conditions also apply where linseed residues are to be burned. The requirements which must be observed in permitted stubble burning operations, include the following:165
(1)No crop residue may be burned on any Saturday, Sunday or on a bank holiday. Burning is not permitted during the period between one hour before sunset and one hour following sunrise.166
(2)No crop residue may be burned if the area to be burned extends to more than 10 hectares (in the case of cereal straw or cereal stubble) or more than 20 hectares (in any other case). The area to be burned is presumably to be calculated by reference to the stubble to be burned in a single operation on the holding.
(3)The area to be burned must be surrounded by a firebreak. This must be at least 10 metres wide if cereal straw or cereal stubble is being burned, and at least 5 metres wide in other cases. Buildings, structures, telegraph poles, tree trunks, hedgerows and fences must also be surrounded by firebreaks of the relevant width.167 No crop residue can be burned if the area to be burned is less than 150 metres from any other area in which crop residues are being burned. The area to be burned must, moreover, be at least 5 metres (and in the case of cereal stubble and cereal straw at least 15 metres) from the trunk of any tree, hedgerow, telegraph pole, pylon or electricity pole or the boundary of a neighbouring holding.
Special protection is given to residential dwellings, thatched buildings, standing crops, livestock buildings, woodland and natural reserved – in these cases burning must be at least 50 metres away (if cereal straw or cereal stubble is burned) or 15 metres distant (in other cases).168 No crop residues may be burned less than 100 metres from any motorway, dual carriageway, A road or railway line.169(4)Precautionary measures. Certain precautionary measures must be taken. All burning must be supervised by at least two responsible adults, one of whom has experience of burning crop residues and is in control of the operations.170 There must be at least 1000 litres of water available at the site, with means of spraying it for fire fighting purposes, and not less than five implements suitable for fire beating.171 Every vehicle used must be equipped with a suitable fire extinguisher and precautions must be taken to ensure that the fire will not cross a firebreak.172 Prior notice of burning must be given, so far as reasonably practicable, at least on hour and not more than 24 hours before the commencement of burning. Notice must be given to the environmental health department, the occupiers of all adjacent premises and property, and the air traffic control at any aerodrome with a perimeter fence within 800 metres of the area to be burned.173
(5)Ashes of burnt cereal straw or stubble must not, without reasonable excuse, be allowed to remain on the soil for longer than 24 hours after commencement of burning. They must be incorporated into the soil within that 24-hour period, or if to do so would cause nuisance (eg because of high winds) as soon as conditions allow without causing a nuisance.174
(6)Contravention of the conditions for permitted burning is, like unauthorised burning per se, an offence punishable on summary conviction with a fine of up to £5,000.175