Guidance

Disposing of trees or plants affected by disease or pests: RPS 71

Updated 29 August 2024

Applies to England

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This publication is available at https://www.gov.uk/government/publications/disposal-of-trees-and-plants-infected-with-specified-plant-diseases/disposing-of-trees-and-plants-infected-with-disease-rps-71

This regulatory position statement (RPS) does not change your legal requirement to either:

when you burn trees or plants and any associated packaging, to eradicate disease and pests as instructed by and under a Plant Health Notice.

However, the Environment Agency will not normally take enforcement action against you if you do not comply with this legal requirement provided that:

  • your activity meets the description set out in this RPS

  • you comply with the conditions set out in this RPS

In addition your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and must not:

  • cause a risk to water, air, soil, plants or animals

  • cause a nuisance through noise or odours

  • adversely affect the countryside or places of special interest

Activity this RPS applies to

This RPS applies to operators who are issued with a Plant Health Notice from the Animal and Plant Health Agency or the Forestry Commission (or both) that requires you to burn trees or plants and any associated packaging, to eradicate disease and pests.

Conditions you must comply with

You must:

  • have been issued with a Plant Health Notice that requires you to burn trees or plants and any associated packaging to eradicate disease and pests

  • comply with that Plant Health Notice

  • tell your local Environment Agency office before you carry out a burning activity in line with a Plant Health Notice

Things to note

This RPS relates to activities that the Environment Agency considers are potentially suitable to be an exemption under the Environmental Permitting (England and Wales) Regulations 2016.

When you must check back

The Environment Agency will review this RPS by 1 May 2027.

The Environment Agency can withdraw or amend this regulatory position before the review date if they consider it necessary. This includes where the activity that this RPS relates to has not changed.

You will need to check back from time to time, including at and before the review date, to see if this RPS still applies.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn.

If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must:

Contact the Environment Agency

If you have any questions about this RPS email enquiries@environment-agency.gov.uk and put ‘RPS 71’ in the subject.

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