§ Lord Greavesasked Her Majesty's Government:
What environmental health, pollution and other legislation controls the burying of dead farm animals; who is responsible for giving permits for such activity; and how such legislation is being applied to the present mass burying of animals. [HL1758]
§ Baroness HaymanIn order to protect the environment and human health, the Government's preferred hierarchy of disposal options for waste arising from the foot and mouth crisis starts with rendering; followed by incineration in authorised facilities; then disposal in licensed, engineered landfill; on-farm burial and burning; and finally off-farm mass burial or burning.
Disposal of carcasses at landfill sites is regulated by the Environment Agency under the Waste 84WA Management Licensing Regulations 1994. Only licensed landfill sites approved by the Environment Agency as being suitable for this purpose are being used and disposal of carcasses is carried out on the basis of a best practice document agreed between the Environment Agency, MAFF and the Environmental Services Association (ESA).
The burial of animal carcasses in England, other than at licensed landfill sites, is controlled by the Animal By-Products Order 1999, the Water Resources Act 1991 and the Groundwater Regulations 1998.
In general, the burial of animal carcasses is permitted only in restricted circumstances. But where there is a lack of capacity at rendering premises or incinerators, my right honourable friend the Minister may serve a notice under the Animal By-Products Order 1999 requiring the person in charge of the carcasses to dispose of them by burial. Where the carcasses are buried on farm, the burial must comply with the Groundwater Regulations and may need authorisation from the Environment Agency.
The Ministry of Agriculture, the Department of the Environment, Transport and the Regions, the Environment Agency and local authorities liaise closely to ensure that burial takes place in compliance with the legislation.
Whether planning permission under the Town and Country Planning Act 1990 is also required will depend on the circumstances of a particular case. It may be needed either to authorise changes to the conditions attached to an existing planning permission for a landfill site or for the excavation and use of land for the burial of dead farm animals. Decisions on whether permission is required, and for the determination of applications once made, are matters for the local planning authority concerned in the first instance.