Prohibition on the Burning of Waste Regulations
This information does not purport to be and should not be considered a legal interpretation of the legislation referred to herein. It is important to understand that the burning of waste is not acceptable it poses a health and environmental hazard. Burning waste generally produces a lot of smoke and toxic chemicals which can be inhaled also deposited onto land and vegetation being incorporated into the food-stream.
Burning of waste includes, but is not limited to:
- Burning waste on private or commercial premises, either in an exposed pile or in a container (skip or barrel) also known as ‘backyard burning’.
- Burning of waste at construction sites.
- Burning of green waste resulting from landscaping/gardening works. Including Golf-courses, commercial landscaping and domestic gardening.
- Burning waste in open fire or stove, or other solid fuel appliances i.e. incorrectly using waste as an alternative fuel source.
- Using burners that are sold traditionally at Hardware stores. These are also called garden/home incinerators. It is not an offence to sell these, however, it is an offence to burn waste in them.
Burning of Waste is Illegal:
The burning of waste is an offence under the following legislation:
- The Waste Management Act 1996, as amended,
- The Air Pollution Act,
- 1987 The Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 S.I. No. 286/2009
- The Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2020 S.I. No. 51/2022
- The Waste Management(Prohibition of Waste Disposal by Burning)(Amendment) Regulations 2023 S.I. No. 16/2023
The main points of the legislation are that:
- It is an offence to burn any type of waste (material that is being discarded) this includes Garden Waste (hedge trimmings/grass cuttings etc.).
- The use of devices/containers such as Skips, Barrels and/or "domestic waste incinerators" to burn waste is an offence.
- It is an offence to burn household waste by use of stoves or open fires.
HALLOWEEN or Bonfires
Burning of waste in bonfires at Halloween and other times of the year is an OFFENCE.
Appropriate Alternatives to dispose of Domestic/Commercial Green Waste Greenery waste such as hedge clippings, tree branches, etc. from Households, Golf Courses and commercial premises can be disposed of through the use of shredders. The shredded material could be used as mulch or mixed with compost.
Alternatively, householders may bring their green waste (e.g. hedge clippings, grass cuttings, Christmas trees, etc.) to Council operated Civic Amenity Sites or private waste facilities.
The burning of agricultural vegetation ceased on 30/11/2023. Farmers/Landowners are no longer permitted to burn agricultural vegetation. No further applications can be made.
For alternative options to burning please see information in attachments below.
Further information If burning waste creates environmental damage, nuisance or gives rise to pollution, the advice is: do not burn. If in doubt, request advice from the Environment & Climate Action Section through Customer Services, Tipperary County Council on 0818 06 5000.
Any queries in relation to the enforcement of the Wildlife Act, 1976, as amended, should be directed to the National Parks and Wildlife Service, on: LoCall 1890 383 000 or website http://www.npws.ie