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Disposal by Burning

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 as amended.

The main points:

  • It is illegal to burn any household or commercial wastes i.e. backyard burning.
  • 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.

    • Notification to Waterford City & County Council of a proposal to carry out burning of waste generated by agricultural practices

    Under the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 as amended, an exemption is provided that allows farmers to dispose of green agricultural waste by burning. These wastes must solely consist of untreated/uncontaminated wood, trees, tree trimmings, leaves and brush which were generated by agricultural practices.

    This exemption does not extend to garden and park wastes, cemetery wastes and wastes arising from infrastructural development works.

    Burning of such wastes arising from agricultural activities may only be undertaken as a final measure after application of the following waste hierarchy:

    1. Wastes generated are reduced in accordance with best agricultural practice
    2. Waste is reused where practicable
    3. Waste is recycled through shredding and used as compost or wood chippings, where practicable
    4. Waste is salvaged for use as fuel where practicable

    Farmers wishing to dispose of such wastes are required to inform Waterford City & County Council & the Munster Regional Fire Control centre.

    How to notify Waterford City & County Council & the Fire Service of your proposal to carry out burning of agricultural wastes:

    Step 1. Complete and submit the online notification form to Waterford City & County Council at least 72 hours prior to the commencement of burning.

    Step 2. You will then receive an email from Waterford City & County Council which will include the notification reference number relating to your notification

    Step 3. You must telephone the munster regional fire control centre before you burn, stating clearly your intention to carry out a controlled burning operation, giving your name, contact telephone number, notification reference number, the exact location and the expected duration of the controlled burning for the day in question. The munster regional fire control centre can be contacted via the normal emergency services telephone numbers: 999 / 112

    Step 4. You must telephone the munster regional fire control centre again when the controlled burning has been completed and all fires are fully extinguished.

    Please note the following:

  • A person who gives false or misleading information for the purpose of this notice may be guilty of an offence.
  • This statutory notice does not relate to controlled burning of land to clear scrub and other unwanted vegetation. This notice relates solely to the burning of waste, as defined above, generated by agricultural practices.
  • It is an offence under section 40 of the Wildlife Act, 1976 as amended by section 46 of the Wildlife Act, 2000) to cut, grub, burn or otherwise destroy any vegetation:
    • growing on any land not then cultivated, and
    • growing in any hedge or ditch, from 1st March to 31st August in any year.
  • The burning is carried out at the owners own risk and any damage arising out of the activity is the responsibility of the landowner.
  • It is the responsibility of the landowner to ensure that all health & safety requirements are complied with.
  • Please ensure you read the prescribed "Burning Code of Practice – Ireland" before conducting a controlled burn.
  • Failure to give notice of your intention to carry out controlled burning of uncontaminated waste generated by agricultural practices and to manage the controlled burn in accordance with guidance contained in the above prescribed burning code of practice may result in Fire Brigade resources being deployed to the scene of the fire and fire charges issued to land owner.
  • Waterford City & County Council, Environment Enforcement staff may inspect the site of any proposed burning prior to issuing a notification reference number.