Tree waste rules in Ireland: the ban on disposing of waste by burning, the agricultural exception and the March 1 to August 31 vegetation period

This page reports what the official source says. It is not legal advice: ask the office named here. It follows two statutory instruments on the Irish Statute Book and the Wildlife Act 1976 as shown in the Law Reform Commission's revised acts. The Commission describes the revised Wildlife Act as an administrative consolidation updated to May 16, 2024, and gives no guarantees about its accuracy or completeness. The instruments are read in the form in which they were made.

The ban on disposal by burning

According to S.I. No. 286 of 2009, regulation 4(1) says that a holder of waste shall not dispose of it by burning, except as regulation 5 provides. Regulation 3 defines burning as combustion of waste, with or without control of the combustion air, without an adequate stack or chimney, so that combustion products reach the atmosphere in a way that causes or is likely to cause environmental pollution. Regulation 4(2) says the owner or holder of a device, or the owner or occupier of a facility or land that could be used to burn waste, shall take all reasonable steps to ensure it is not used that way. Regulation 4(3) bars burning household waste in or around a home. Regulation 5(2) lets a local authority issue a notice about burning, which the person must follow.

The exception for trees, trimmings and brush

Regulation 5(1)(a) sets out when regulation 4 does not apply. The waste must consist only of uncontaminated wood, trees, tree trimmings, leaves, brush or similar waste generated by agricultural practices. Uncontaminated means free of dangerous substances, preservatives or other artificial impregnation or coating. Garden and park wastes, cemetery wastes and waste from infrastructural development works are excluded. Burning must be a final measure after a four-step hierarchy: reduce the waste in line with best agricultural practice, reuse where practicable, recycle through shredding for compost or wood chippings where practicable, and salvage for fuel where practicable.

Under regulation 5(1)(b), when none of those options is practicable or economically viable the person must limit nuisance and risk to health, pollution and damage to adjoining hedgerows or habitats, must not use accelerants, and must notify the local authority in advance using the information in the Schedule.
Regulation 5(1)(d) allows untreated or uncontaminated wood waste in barbecues for cooking food. Regulation 5(1)(e) allows burning at events as determined locally by a local authority.
Regulation 6 says this agricultural burning was to cease on January 1, 2014 unless an application was made for a Certificate of Registration under the Facility Permit Regulations. A person who did not apply by then commits an offence if they burn such waste as an agricultural practice.

The Facility Permit Regulations

According to S.I. No. 821 of 2007, regulation 6 says section 39(1) of the Waste Management Act does not apply to listed recovery or disposal activities while the person meets conditions. For activities in Part I of the Third Schedule the conditions include a waste facility permit from the local authority. For other Part II activities they include a certificate of registration from the Agency or local authority and compliance with the Fourth Schedule rules. A household waste activity inside the curtilage of a dwelling is treated separately if the authority considers it normal domestic activity.

The vegetation burning period

The Law Reform Commission's revised Wildlife Act 1976 shows section 40(1) making it an offence to cut, grub, burn or otherwise destroy vegetation on land not cultivated, or vegetation in any hedge or ditch, from March 1 to August 31 in any year. Section 40(2) lists exceptions, including destroying hedge or ditch vegetation in the ordinary course of agriculture or forestry, and clearing vegetation for road or building works, but says nothing in the subsection excludes anything done by burning from the offence. Section 40(4) gives a defence where an act was needed to put out or stop the spread of a fire, to save life or in another emergency.

For other places see the table on tree waste and chip rules. The hedge and felling side is on Ireland tree, hedge and felling rules.