“I am concerned at the level of burning taking place on land around the country putting wildlife, forests, homes and even lives at risk. Is it legal to burn land and, if so, in what circumstances? Can individuals engaged in illegal burning activity be prosecuted?”

Is it necessary to burn land?

Controlled burning or protective burning has been used for centuries for a number of reasons.

  • To enable rapid removal of unwanted, dead or older less productive vegetation from land and creating favourable conditions for new growth.
  • To efficiently dispose of unwanted permitted residues such as hedge trimmings and cereal stubbles.
  • In the management of plant disease and invasive species.
  • To eliminate dangerous vegetation that may develop into dangerous wildfire fuels following dry weather patterns.

    • There is a distinction between prescribed burning (described as controlled application of fire to a predetermined area, at a specified time of day and season and under specified weather and fuel conditions) and a wildfire (described as any uncontrollable fire in combustible vegetation that occurs in the countryside or a wilderness area). Controlled burning is legal and encouraged whereas wildfires are not.

    What is the law around burning?

    Several legal constraints apply to controlled burning and individuals planning to burn must be aware of these to avoid the risk of prosecution and/or penalties under the Department of Agriculture Schemes.

    Specific legal measures that affect the use of fire for land management are contained within various pieces of legislation including:

    1. Wildlife Act, 1976 as amended by the Wildlife (Amendment) Act, 2000.

    2. Birds and Habitats Directive.

    3. Air Pollution Act, 1987.

    4. The Safety Health and Welfare at Work Act, 2005 and Safety Health and Welfare at Work (General Application) Regulations 2007.

    5. Forestry Act, 1946.

    6. Waste Management Act, 1996 and 2008 and Waste Management Regulations.

    7. Fire Services Act, 1981 and 2003.

    8. Criminal Damages Act, 1991.

    When can I burn growing vegetation?

    Under Section 40 of the Wildlife Act, 1976, as amended, it is forbidden to cut or remove hedgerows or destroy other vegetation during the bird nesting season from 1 March to 31 August each year. However, there are some exceptions to this law, including removal or cutting of hedgerows during routine agriculture or forestry practices, for public safety (such as roadside hedges), for the maintenance of watercourses (for fisheries), for development of land (such as building houses). In the case of land designated as Special Area of Conservation (SAC) and/or Special Protection Area (SPA), you must consult with the NPWS in advance of any burning at any time throughout the year.

    The Heritage Bill 2016 includes proposals to change the dates for hedge-cutting and upland burning. The Minister is proposing a two-year pilot programme with a rollover clause which would allow hedge-cutting in August and burning in March, which gives farmers and landowners a seventh month for these activities. The bill is still being debated in the Seanad and thus any proposed changes have not yet come in to effect.

    What is a safe distance to burn near woodland?

    Safe distance is dependent on the level of fire protection in place such as firebreaks and the burning conditions prevailing at the time of burning. Under Section 39 of the Wildlife Act, as amended, it is prohibited to burn vegetation growing within one mile of a wood which you do not own, without giving written notice at least seven days in advance to your local garda station and the forest owner, who has the right to object by counter notice.

    What are the penalties for illegal burning?

    Under Section 74 of the Wildlife (amendment) Act, 2000, fines for breaches of the act range from £500 (€635) to £50,000 (€63,490) and prison terms for three months to two years or both a fine and a prison term. Any person engaged in illegal burning may also be held responsible for any injury or damage caused by the fire and the local fire and rescue service may issue a callout charge for costs associated with illegal fires.

    Are there implications for burning agricultural land in regard to the Basic Payment Scheme and other Department schemes?

    The terms and conditions of the Basic Payment Scheme for 2017 provides that there will be a greater focus on identifying those suspected of engaging in uncontrolled burning, through the use of farm inspections under Cross Compliance rules, which could result in penalties being imposed under the 2017 Scheme.

    Where burning occurs on land designated as SAC and/or SPA, penalties will apply. It may be considered a breach of GAEC as part of Cross Compliance and sanctions may apply depending on the extent, severity and permanence of non-compliance.

    Disposal of tree and hedge cuttings

    The Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 makes it an offence to dispose of waste by uncontrolled or unregulated burning. Exemption is provided for certain agricultural practices but only as a last resort and after specified steps are taken to reduce and recycle waste arising. The Department has amended SI 286 of 2009 to extend until 1 January 2018, the exemption which exists to allow farmers to burn such waste as a last resort generated by agricultural practices. These activities will require registration with the local authority.

    The burning of waste relates solely to material consisting of uncontaminated wood, trees, tree trimmings, or other similar waste generated by agriculture practices.