Project Description

An information note on ‘Burning Cut Scrub’ from Clare County Council is reproduced below:

Burning Cut Scrub

Clare County Council Guidance on prohibition of waste disposal by burning

For full text see:

Temporary agricultural exemption

There is an exemption under the Waste Management (Prohibition of Waste Disposal by Burning) Regulations, 2009 and Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2013 that allows farmers to dispose by burning untreated/uncontaminated wood, trees, trimmings, leaves, bushes or similar materials generated by agricultural practices.

This exemption does not apply unless the waste is generated by agricultural practices so it does not apply to green waste originating from a domestic or commercial setting.

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

  • Waste arising is reduced in accordance with best agricultural practice.
  • Waste is reused where practicable.
  • Waste is recycled through shredding and used as compost or wood chippings.
  • Waste is salvaged for use as fuel where practicable.

After the 1st January 2016, farmers wishing to dispose of such wastes will have to apply to the local authority and sign a statutory notice in advance of the proposed burning of such waste. Until this date however, a farmer may choose to burn such wastes, once they adhere to the waste hierarchy as detailed above.

Further to the above measures, it is important that farmers note that it is illegal to burn any vegetation between 1st March and 31st August each year pursuant to the Wildlife Act, 1976, as amended, as this is the bird nesting season.

In addition to the strict terms of the agricultural exemption, farmers are also reminded to adhere to the precautions that follow when disposing of gorse, scrub and other such agricultural green waste through burning.

Further information

If burning waste creates environmental damage, nuisance or gives rise to pollution, the advice is: do not burn. If in doubt, contact the Environment Section, Clare County Council on (065) 6846331.

Any queries in relation to the enforcement of the Wildlife Act, 1976, as amended, should be directed to the National Parks and Wildlife Service, Ennis on (065) 6822711.

The guidelines set out in the Farmer’s Handbook for Rural Environment Protection Scheme (REPS) 3 (Department of Agriculture and Food) is also a useful reference.

Precautions for the burning of exempt agricultural waste

  • Before carrying out any burning, landowners should contact The Environment Section on (065) 6846331 and The Fire Brigade Control Centre using the emergency telephone numbers of 999 or 112 at least one day before it is proposed to burn. The location, time and duration should be given.
  • Burning is prohibited between 1st March and 31st August each year pursuant to the Wildlife Act, 1976, as amended. Landowners have a special responsibility to preserve the countryside, its landscape and its wildlife. They should take reasonable precautions to ensure that uncontrolled fires do not occur on their property.
  • The Wildlife Act, 1976, as amended, and the Forestry Act, 1946, also require that farmers, who are burning within one mile of a woodland or Nature Reserve, inform the Gardaí and woodland owner at least one week in advance. Where burning is to take place within a Special Area of Conservation or Natural Heritage Area, written consent must be sought in advance from the National Parks and Wildlife Service.
  • Burning should be started early in the day.
  • A fire break of at least 50 feet (16 metres) should be made at the outside of the area to be burned.
  • Inform your neighbours to prevent alarm.
  • Check the weather forecast and do not burn in exceptionally dry conditions where strengthening or variable winds are likely.
  • Burn against the direction in which the wind is blowing.
  • Do not attempt to carry out the operation alone. Enlist sufficient help to ensure that the burning is carried out efficiently, effectively and safely.
  • If possible have a mobile water tanker (e.g. slurry tanker) or crop sprayer with a hose attachment.
  • No burning should be carried out at night.
  • Remember that strong fire creates its own wind currents so do not allow it to burn too fast.
  • If the fire gets out of control and threatens buildings or woodlands, call the Fire Brigade immediately by dialing 999 or 112 and meet the Fire Brigade to show them the best route to the fire.
  • Keep children away from the area being burned.
  • Before leaving the area, make sure that the fire is completely out. Return later to check, confirm to Fire Brigade Control, via 999 or 112, that the controlled burning has been completed.
  • Remember, it is an offence to start fires within 50 feet (16 metres) of a public road.
  • Under Section 35 (3) of the Fire Services Act, 1981 and Section 2 of the Local Government (Financial Provisions) (No 2) Act, 1983, Clare County Council currently imposes a charge on the owner of the property, or beneficial occupier for the cost of the Fire Brigade’s being turned out consequent to a fire. However, where Clare County Council is satisfied that the landowner has taken reasonable precaution to guard against an uncontrolled outbreak of fire or where it is shown exceptional hardship exists, it may, at its own discretion, decide to waive part or all of the charge.