92Exemptions relating to resource recovery

#### 92 Exemptions relating to resource recovery 92 Exemptions relating to resource recovery (cf clauses 46 and 51A of 2005 Reg) > > (1) This clause applies to the following waste— > > > > > (a) waste (including any processed, recycled, re-used or recovered substance that is produced wholly or partly from waste) that is applied, or is intended to be applied, to land as follows— > > > > > > > (i) by spraying, spreading or depositing it on the land, > > > > > > > (ii) by ploughing, injecting or mixing it into the land, > > > > > > > (iii) by filling, raising, reclaiming or contouring the land, > > > > > (b) waste (including any processed, recycled, re-used or recovered substance that is produced wholly or partly from waste) that is used, or is intended to be used, as a fuel, > > > > > (c) waste used, or intended to be used, in connection with a process of thermal treatment. > > > (2) The EPA may grant an exemption under clause 91 from any one or more of the following provisions, in relation to an activity or class of activities relating to waste to which this clause applies— > > > > > (a) the provisions of sections 47–49 and 88 of the Act, > > > > > (b) the provisions of Schedule 1 to the Act, either in total or as they apply to a particular type of activity, > > > > > (c) the provisions of Part 4 and clauses 109, 110 and 114 of this Regulation. > > > (3) Without limiting subclause (2), the EPA may also grant an exemption under clause 91 from section 142A of the Act, in relation to the application to land (as referred to in subclause (1)(a)) of waste that is produced wholly or partly from restricted solid waste or waste tyres. > > > (4) However, the EPA may not grant an exemption in relation to land pollution within the meaning of paragraph (a) of the definition of land pollution in the Dictionary to the Act. > > > (5) An exemption granted under clause 91 because of the operation of this clause is an exemption for which a resource recovery order may be made. > > **cl 92:** Am 2018 (643), Sch 2 \[28\]; 2024 No 20, Sch 11\[2\].