Mining Waste Directive Implementation

LLoane asked the following:

I had understood that there was discussion on whether soils and overburden removed in connection with quarrying could be exempted fromt he requirements, but I am not able to find any information on whether this is the case, or even who is making this decison , EA or DEFRA. Can anyone help?
A strict technical interpretation of the Regulations does require that soils and overburden is within the requirements of the Mines Waste Directive and would require a Waste Management Plan. However a debate is ongoing with DEFRA to have unpolluted soil and possibly other materials (e.g. silt ponds) exempted from this requirement. The latest position is that discussions are ongoing between industry bodies and the Environment Agency and DEFRA on this point but as yet no exemption has been given. It is understood that draft guidance notes are currently being prepared by DEFRA together with a Code of Practice but these are not yet available.