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Illegal Burning of Waste

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


The Minister for the Environment, Heritage and Local Government recently signed new regulations strengthening the law against waste disposal by uncontrolled burning, so-called backyard burning.
New regulations that specifically prohibit the disposal of household and commercial waste by uncontrolled burning were signed into law on the 27th July, 2009.

The "Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009" 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 as amended.

An exemption is provided for farmers, under specific circumstances, to dispose of certain forms of agricultural waste by burning, 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.


Permissible disposal of waste by burning

5. (1) Without prejudice to any other enactment or rule of law, Regulation 4 shall not apply when the following conditions are fulfilled—

(a) the burning of waste relates solely to material consisting of uncontaminated (free of dangerous substances, preservatives or other artificial impregnation or coating) wood, trees, tree trimmings, leaves, brush, or other similar waste generated by agricultural practices, but excluding garden and park wastes and cemetery wastes and wastes arising from infrastructural development works, provided that such burning is done as a final measure following the application of the following waste hierarchy-

(i) waste arisings are reduced in accordance with best agricultural practice,
(ii) waste is reused where practicable,
(iii) is recycled through shredding and use as compost or wood chippings, where practicable, and
(iv) is salvaged for use as fuel where practicable,

A template notice to be filled in by farmers wishing to avail of the exemption can be downloaded at the end of this page.

Please note that failure to comply with the new regulations is an offence, and that fines of up to €3,000 may be imposed upon summary conviction in the District Court.


If you encounter illegal burning of waste please contact the Enforcement Section, either via e-mail at envserv@fingalcoco.ie or by telephone at (01) 8906288.