D1 waste exemption: depositing waste from dredging inland waters

The D1 exemption allows you to deposit dredging spoil (dredgings) on the banks of the waters it was dredged from, and treat it by screening and removing water.

Types of activity you can carry out

These include when:

  • a contractor is involved in clearing silt from sections of a river and deposits the dredgings on the banks of the river

  • a contractor is involved in clearing silt and plant matter from sections of a canal. The contractor screens the dredgings to remove litter and then deposits the dredgings to let the water drain away. When the water has drained, the dredgings are taken away for spreading on land under an environmental permit

Types of activity you cannot carry out

You cannot:

  • deposit dredgings on the bank of a different inland water or deposit dredgings from any other waters - this is to prevent the spread of contamination or invasive non-native species, and to keep outside the requirements of the Landfill Directive
  • deposit dredgings that are hazardous waste - this is also to keep outside the requirements of the Landfill Directive
  • treat dredgings other than by screening or removing water

Types of waste you can deposit

The waste codes are those listed in the List of Wastes (LoW) Regulations. You need to make sure your waste fits within the relevant waste code and description.

Waste code Type of waste
170506 Dredging spoil not containing hazardous substances

Quantity of waste you can deposit

Over any 12 month period, you can deposit or treat up to 50 cubic metres of dredgings for each metre length of land on which waste is deposited.

Key conditions

The waste must be deposited as close as possible to where it was dredged from.

The waste must be deposited either:

  • on the bank of the waters from where it was dredged
  • or on land next to the water it was dredged from (the dredgings must be removed from the waterway and deposited mechanically in one operation)

This means that you cannot deposit onto a bank and then move it further away by the same or another machine.

What else you need to know

A river or canal may be an example of a place which can be regarded as a ‘linear network’ for the purpose of registering this exemption. Guidance on the meaning of place.

Non-hazardous dredgings that are deposited alongside the waterway from where they are dredged are excluded from the Landfill Directive. This can apply to dredgings placed into a lagoon.

As well as registering this exemption, you may also need to comply with other legislation. In particular, this may apply to the dredging activity itself or if you use the dredgings under the U1 exemption.

Things to check include:

  • planning permission – contact your local planning authority to find out if you need to make an application
  • if you are working on or near a river, flood defence or sea defence – check whether you need a flood risk activity permit
  • if you are raising levels or building in the floodplain or near an ordinary watercourse, contact your lead local flood authority (County Council, Unitary Authority or Internal Drainage Board) to discuss whether you need any consent other than planning permission

You can use dredgings in construction under:

You can spread plant matter that is strimmed along the banks of the river where you have cut it under:

You can spread dredgings produced from creating or maintaining habitats, ditches or ponds within parks, gardens, fields and forests only under:

You need to apply for an environmental permit if:

  • you want to treat or deposit more waste than this exemption allows
  • your lagoon is not excluded from the Landfill Directive
  • you want to spread dredgings to land or use dredgings in construction but cannot comply with the limits and conditions of those exemptions listed under related exemptions

Register a D1 exemption

You need to register this exemption with us if you meet the requirements.

Published 12 September 2019