Statutory Instrument 1991 No. 1590

The Crop Residues (Restrictions on Burning) (No. 2) Regulations 1991

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© Crown Copyright 1991

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1991 No. 1590

AGRICULTURE

The Crop Residues (Restrictions on Burning) (No. 2) Regulations 1991

The Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales, in exercise of the powers conferred on them by section 152 of the Environmental Protection Act 1990^[1], hereby make the following Regulations:

Title, extent and commencement
    1.    These Regulations may be cited as the Crop Residues (Restrictions on Burning) (No. 2) Regulations 1991, shall extend to England and Wales and shall come into force on 12th July 1991.

Interpretation
    2.—(1)  In these Regulations, unless the context otherwise requires—

"A-road" means any principal road so classified under section 12 of the Highways Act 1980^[2] to which is assigned in common usage an identifying number with the prefix "A";


"district council" includes the Council of the Isles of Scilly;


"dual carriageway" means a road part of which consists of a central reservation to separate a carriageway to be used by vehicles proceeding in one direction from a carriageway to be used by vehicles proceeding in the opposite direction;


"fire authority" means an authority discharging the functions of a fire authority under the Fire Services Act 1947^[3];


"fire-break" means an area of ground of which the surface consists wholly or mainly of substances other than combustible material;


"motorway" means a special road within the meaning of section 142(1) of the Road Traffic Regulation Act 1984^[4] which has been declared open for use under section 1(4) of that Act; and


"scheduled monument" has the meaning assigned to that expression in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979^[5].

    (2)  Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

Restrictions on burning
    3.    No person engaged in agriculture shall, on agricultural land, burn any crop residue of a kind specified in Schedule 1 remaining on the land after harvesting of the crop grown thereon, otherwise than in accordance with the restrictions and requirements set out in Schedule 2.

Offence
    4.—(1)  A person who contravenes regulation 3 shall be guilty of an offence.

    (2)  A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
10th July 1991.


Trumpington

Minister of State, Ministry of Agriculture, Fisheries and Food


Nicholas Bennett

Parliamentary Under Secretary of State, Welsh Office

10th July 1991

[1] 1990 c. 43; section 152(3)(c) is to be read with section 37 of the Criminal Justice Act 1982 (c. 48) and S.I. 1984/447. back

[2] 1980 c. 66. back

[3] 1947 c. 41. See the Local Government Act 1985 (c. 51), Schedule 11, paragraph 2, in relation to the fire authorities for Greater London and the metropolitan counties. back

[4] 1984 c. 27. back

[5] 1979 c. 46. back

Explanatory Note