34. Keeping or depositing on land spent ballast at the place where it is produced if—
(a)the land is operational land of a railway, a light railway or a tramway;
(b)the total amount kept or deposited at that place does not exceed 10 tonnes for each metre of track from which the ballast derives; and
(c)the waste kept or deposited is produced by the establishment or undertaking carrying on the operation.