Burning of Agricultural Vegetation

Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009

New regulations, the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 , that specifically prohibit the disposal of household and commercial waste by uncontrolled burning, (also called ‘ backyard burning’) were signed into law on the 27th July 2009.  These regulations explicitly make the disposal of waste by uncontrolled burning (including any such burning occurring in a domestic fireplace) an offence under both the Air Pollution Act, 1987 and the Waste Management Acts, 1996 to 2008.

The Main Points:

1. It is illegal to burn any household or commercial wastes i.e. backyard burning
2. It is illegal to burn garden or park wastes. These should be either home composted, put into the brown organic bin or brought to a civic amenity site.
3. Only Uncontaminated Agricultural Wastes (cut foliage, gorses, hedgegrows, tree trimmings, branches, etc from agricultural practices) may be burned provided*:

(a)   It does not create a nuisance to surrounding neighbours

(b)   It is a last resort  after steps have been taken to reduce & recycle waste arisings

and

(c)   The burning activity does not breach the provisions of the Wildlife Act. Under the Wildlife Acts, 1976 & 2000, it is an offence to cut, grub, burn or otherwise destroy any vegetation  on lands not then cultivated or vegetation growing in any hedge or ditch from 1 March to 31 August. Callers should ring the National Parks & Wildlife Service (01-8882000) if they have any queries in relation to this.

Also, before a person burns uncontaminated agricultural waste, the following Notifications must be adhered to:

(d)   Notification to Environment Section for the Burning of Agricultural Wastes

An Environmental Notification Form must be filled out and sent to Environment Section Waterford County Council prior to any activity taking place. This form is available from the Environment Section upon request by calling 058 22000 or can be downloaded below.

(e)   Notification to Fire Authority for the Burning of Agricultural Wastes

Anyone wishing to burn agricultural wastes is required to notify the Fire Service by dialling 999  . Callers should inform the Fire Service of the time and location of the proposed burning so as to avoid any unnecessary deployment of fire tenders. The Fire Servcie should also be infomred upon cessation of the burning activity.

*The agricultural exemption applies until 1st January 2014. After this date all such activities will require registration with the relevant local authority, and also be subject to the controls set out in the facility permit legislation.

  Notice to Burn Uncontaminated Agricultural Wastes (word.doc, 43 kbs)