Burning crop residues: EPA 1990 s. 152
The Minister may regulate burning of crop residues on agricultural land: prohibit, restrict, create summary offences (fine up to level 5).
The appropriate Minister may by regulations prohibit or restrict the burning of crop residues on agricultural land by persons engaged in agriculture and he may (by the same or other regulations) provide exemptions from any prohibition or restriction so imposed. Regulations providing an exemption from any prohibition or restriction may make the exemption applicable— in all, or only in specified, areas; to all, or only to specified, crop residues; or in all, or only in specified, circumstances. Any power to make regulations under this section includes power— to make different provision for different areas or circumstances; where burning of a crop residue is restricted, to impose requirements to be complied with before or after the burning; to create offences subject to the limitation that no offence shall be made punishable otherwise than on summary conviction and the fine prescribed for the offence shall not exceed level 5 on the standard scale; and to make such incidental, supplemental and transitional provision as the appropriate Minister considers appropriate. Where it appears to the appropriate Minister appropriate to do so in consequence of any regulations made under the foregoing provisions of this section, the appropriate Minister may, by order, repeal any byelaws of local authorities dealing with the burning of crop residues on agricultural land. In this section— “ agriculture ” and “ agricultural land ” have, as respects England or as respects Wales, the same meaning as in the Agriculture Act 1947 and, as respects Scotland, the same meaning as in the Agriculture (Scotland) Act 1948; “ crop residue ” means straw or stubble or any other crop residue; “ the appropriate Minister ” means the Minister of Agriculture, Fisheries and Food or the Secretary of State or both of them.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives the appropriate Minister (the Minister of Agriculture, Fisheries and Food or the Secretary of State) the power to make regulations controlling the burning of crop residues on agricultural land. Crop residues include straw, stubble, and any other crop residue. Agricultural land has the same meaning as in the Agriculture Act 1947 for England and Wales.
The regulations may prohibit or restrict burning, and may provide exemptions that apply only in certain areas, to certain residues, or in certain circumstances. They can also impose requirements that must be met before or after burning, and can make different rules for different areas or circumstances.
The regulations can create criminal offences for non-compliance, but these are only summary offences with a maximum fine at level 5 on the standard scale. The Minister may also repeal any local authority byelaws that deal with the same subject if necessary.
When it applies
- A farmer wants to burn straw after harvest to clear the field for the next crop.
- A local authority has byelaws prohibiting burning of stubble, but the Minister later issues regulations that override them.
- A person is prosecuted for burning crop residues without following the requirements set out in regulations.
- A farmer applies for an exemption from a burning ban because of specific circumstances, such as disease control.
- A landowner considers burning stubble but is unsure if the regulations allow it.
What this section does not say
- This section does not itself prohibit any burning; it only gives the Minister the power to make regulations.
- It does not cover burning of non-crop residues, such as household waste or garden rubbish.
- It does not apply to burning on non-agricultural land, such as private gardens or industrial sites.
- It does not set the specific fine amount; the fine is at level 5, but the exact amount is determined by other legislation.
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This page reproduces the text of EPA 1990 s. 152 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.