EPA publishes draft national by-product criteria

The Environmental Protection Agency (EPA) have published ‘Draft National By-Product Criteria’ (BP-N002/2024) which details criteria for when greenfield soil and stone from undeveloped land can be used as a by-product and not as a waste with appropriate planning permission or exemption. This expands on the definition of by-product in Regulation 271(a)-(d) of the European Communities (Waste Directive) Regulations 2011.
Section 3 of the document sets out criteria for greenfield soil and stone where, when transferred by the producer from the source development, it shall be regarded as a by-product and not a waste. The document also details:

Statement of conformity;
End user declaration;
Record keeping;
Registration;
Compliance.

The EPA released an explanatory note to assist those that work with of greenfield soil and stone to understand the criteria.