D8 waste exemption: burning waste at a port under a Plant Health Notice

The D8 exemption allows you to burn plant tissue waste, wood packaging and packing material waste at a port when a Plant Health Notice has been issued, to prevent the spread of plant diseases.

Types of activity you cannot carry out

You cannot:

  • burn waste that is not the subject of a Plant Health Notice
  • burn waste at a place other than the port where the waste was unloaded
  • burn waste other than those listed below under ‘Types of waste you can dispose of’
  • burn treated wood waste, for example treated pallets
  • use this exemption to burn waste in a boiler to produce heat and power
  • use this exemption to burn plant tissue waste in the open other than at a port

Types of waste you can dispose of

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
020103, 020107, 020304, 200201 Plant tissue only
150103, 200138 Wood used to wedge or support parts of cargo, including packing material, spacers and pallets only

Quantity of waste you can dispose of

You can burn up to 10 tonnes of waste in any 24 hour period.

Key conditions

The burning must be required under a Plant Health Notice.

The burning can take place only at the port where the waste is unloaded.

The storage and burning must take place in a secure place.

Register a D8 exemption

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



A bank, wall or embankment adjoining or confining, or constructed for the purposes of, or in connection with, any channel (includes all land between the bank and low-watermark).

Dredgings or dredging spoil

D1 exemption: includes plant matter that is removed from inland waters.

Hazardous waste

See How to classify different types of waste.

Invasive non-native species

Any animal or plant introduced from outside the UK that could spread and cause damage to the environment, the economy, and people’s health and the way they live.

Inland waters

Means the whole or any part of:

(a) any river, stream or other watercourse (within the meaning of Chapter II of Part II of the Water Resources Act 1991), whether natural or artificial and whether tidal or not (b) any lake or pond, whether natural or artificial, or any reservoir or dock, in so far as the lake, pond, reservoir or dock does not fall within paragraph (a) of this definition; (c) and so much of any channel, creek, bay, estuary or arm of the sea as does not fall within paragraph (a) or (b) of this definition.

Net rated thermal input

The rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts.

Place of production

The place where waste was originally produced.

Plant Health Notice

A notice served under:

  • Article 12 of the Plant Health (Phytophthora ramorum) (England) Order 2004
  • Article 13 of the Plant Health (Phytophthora ramorum) (Wales) Order 2006
  • Article 31 of the Plant Health (Forestry) Order 2005
  • Article 32 of the Plant Health (England) Order 2005
  • Article 32 of the Plant Health (Wales) Order 2006

Plant tissue waste

All materials of plant origin such as trees, branches with or without foliage, shrubbery, leaves or foliage wood and vegetation.


A port appointed by order made under Section 19 of the Customs and Excise Management Act 1979.


A container, lagoon or other place is secure in relation to waste kept in it if:

  • all reasonable precautions are taken to make sure the waste cannot escape
  • members of the public cannot gain access to the waste
Published 12 September 2019