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Prohibition of Waste Disposal by Burning Regulation

The Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 came into force on the 31st of July 2009. The main points of the new legislation are as follows however this explanation does not act as a substitute for the law.

• It is an offence to burn any type of waste including garden waste.
• The use of devices to burn waste such as the "domestic waste incinerators" is an offence.
• It is an offence to burn household waste by use of stoves or open fires.
• There is an exemption to allow farmers to dispose by burning of untreated/uncontaminated wood, trees, trimmings, leaves, bushes or similar materials generated by agricultural practices as a very last resort. (This exemption does not apply unless the waste is generated by agricultural practices so it would not apply to leaves/grass/bushes from a domestic garden)
• The exemption for farmers only applies until the 1st January 2014, after which time all burning will be disallowed unless an application is made for a Certificate of Registration under the Waste Management (Facility Permit and Registration) Regulations.
• Until 1st Jan 2014: The onus is on farmers to investigate all other more environmentally friendly methods of treatment of their green waste such as reduction, reuse, and recycling by shredding, composting or wood chipping before disposal by burning.
• The agricultural exemption applies when all other options of disposal of the green waste generated by agricultural practices are found not to be practicable or economically viable.
• The farmers (holder of the waste) will have to apply to the local authority and sign a statutory notice in advance of the proposed burning of such waste.
• Strict conditions apply when using burning as a means of disposal of green waste (generated by agricultural practices) such as limiting nuisance and protection of human health and not causing environmental pollution.
• Kilkenny Local Authority may issue a notice in response to receiving a statutory notice outlining the steps that shall be taken regarding the burning of the waste.
• The use of untreated or uncontaminated wood waste and other similar materials can be used in barbeques for the purpose of cooking food.
• Burning of untreated or uncontaminated wood waste or similar materials may take place at events as may be determined locally by the local authority.
• Any farmer intending to burn agricultural waste should adhere to the fire safety checklist:

1. Is the fire absolutely necessary?
2. Do I have the ability to stop the fire if the need arises?
3. The fire should be located mare than 1 mile from any woodland or forest.
4. Am I certain that my property and my neighbour's property will be safe?
5. Am I sure that smoke from the fire will not cause a nuisance to others, road users and neighbours in particular?
6. Have I alerted my neighbours and the relevant authorities of my intention to burn?
7. Have I sufficient help and equipment on standby to control the planned fire?
8. Have I adequate means of communication and the necessary contact details should an emergency arise?
9. I will notify the Emergency Response Control Centre (E.R.C.C.) upon commencement and completion of the controlled burning on the 0818-300-112 Non Emergency Line.

Download the Statutory Notice for Burning of Agricultural Waste (PDF 105.5KB)