Greenfield Soil and Stone as a By-Product

National By-Product Criteria Reference Number BP-N002/2024 establishes detailed criteria determining when greenfield soil and stone from undeveloped land, which is destined for lawful use at another development with appropriate planning permission or exemption, is a by-product and not a waste.

  • These criteria only apply to greenfield soil and stone from undeveloped land, destined for use at another development with appropriate planning permission or exemption.
  • It is the end user’s responsibility to ultimately ensure the by-product material sourced from the producer and used at their development is required and fit for the intended use.
  • Any production residue of a production process that is not in compliance with these criteria shall be classified as waste.
  • The Environmental Protection Agency (herein referred to as the Agency) accepts no responsibility for by-product material that is registered against these criteria.
  • Any person who gives either to an authorised person, a relevant local authority or the Agency, information which to that person’s knowledge is false or misleading in a material respect, shall be guilty of an offence.

Requirements include:

  1. The producer shall issue, for each batch of greenfield soil and stone by-product, a statement of conformity to the format set out in Annex III (including an attached End User’s Declaration
  2. The producer shall issue, for each batch of greenfield soil and stone by-product, a statement of conformity to the format set out in Annex III (including an attached End User’s Declaration
  3. The producer shall transmit a copy of the original signed statement of conformity to the next holder(s) of the greenfield soil and stone by-product load, and to the end user.
  4. The end user shall complete and sign the end user’s declaration as evidence that they consider the soil and stone suitable for further use at the use development.
  5. The end user shall transmit a copy of the original signed end user’s declaration to the producer of the greenfield soil and stone by-product.
  6. The producer and end user shall retain the original signed statement of conformity and end user declaration for at least 5 years, or as otherwise directed by relevant Regulation, after its date of issue and shall make it available to competent authorities and a relevant end user upon request.
  7. Prior to transfer from a production process, a producer of greenfield soil and stone in accordance with these criteria shall register the material on the Agency’s public register, or as otherwise prescribed by the Agency.
  8. An individual registration shall be made for each batch of greenfield soil and stone produced from a specific production process which is destined for transfer to a specific use development
  9. Following the registration of the batch of by-product, the producer shall not transfer the soil and stone by-product from the site of origin for a period of no less than five working days from the date of registration.
  10. The producer, holder or end user shall comply with any request made by a competent authority and/or authorised person in relation to the provision of evidence of compliance with these criteria or any requirements associated with these criteria e.g., product, or health and safety requirements.

If you require help to manage your Greenfield Soil & Stone project, please do not hesitate to contact us.