The disposal of waste by uncontrolled burning is an offence under both the Air Pollution Act, 1987 and the Waste Management Act, 2009 as amended.
Under the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 as amended, an exemption is provided that allowed farmers to dispose of green waste by burning as a final option, i.e., untreated/uncontaminated wood, trees, tree trimmings, leaves and brush which were generated by agricultural practices .
The aforementioned exemption applies until the 1st January 2023. After this date, burning of agricultural green wastes will be disallowed unless an application is made for a Certificate of Registration under the Waste Management (Facility Permit and Registration) Regulations 2007, as amended, which can be viewed or downloaded at the following link
The exemption will cease as a requirement of Statutory Instrument (S.I. No. 51 of 2022), Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2022.
Burning of such wastes arising from agricultural activities may only be undertaken as a final measure after application of the following waste hierarchy:
Farmers wishing to dispose of such wastes are obligated to inform the local authority by Statutory Declaration two weeks in advance of the proposed burning of such waste. A copy of the Statutory Notice Form (Notice of Intent to burn agricultural waste) can be downloaded from the link below. Holders of such waste, who dispose of the waste by burning without completing and submitting the Statutory Notice Form are in breach of the Regulations.
Burning of agricultural waste as described above, is prohibited during high fire risk periods. Please consult Met Eireann or phone the Eastern Region Control Centre (ERCC) on 0818-3001122 (non-emergency line) for advice. The Regulations place an onus on the person carrying out the disposal to take all reasonable measures to limit the overall nuisance or possibilities for endangering human health or causing environmental pollution or damage to adjoining hedgerows or habitats. Any uncontrolled burning of waste that causes, or is likely to cause, pollution is now explicitly in breach of both Waste Management and Air Pollution legislation and Kildare County Council will instigate legal action against offenders.
Further to the above measures, it is important to note that it is illegal to burn any growing vegetation between the 1st March and 31st August each year in accordance with the Wildlife Act 1976, as amended. Only where vegetation has been cut prior to the 1st March, is it legal to burn this after March 1st. It must be noted that any cut vegetation may still provide a nesting site for birds and before burning, landowners should check any such vegetation to ensure there are no nests present.