Dáil Éireann Debate, Wednesday - 19 October 2011
101 Deputy Paudie Coffey asked the Minister for the Environment, Community and Local Government the guidelines and laws in place that control the practice of burning rubbish and gorse outdoors; the protection afforded in law to the property of landowners adjacent to areas that are burned; if he intends to make any improvements in this area; and if he will make a statement on the matter. [30218/11]
View answerThe Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 explicitly prohibit a holder of waste from disposing of it by uncontrolled burning. The burning of uncontaminated wood, trees, tree trimmings, leaves, brush, or other similar waste generated by agricultural practices is exempt from the burning prohibition but only as a last resort following efforts to either recycle or reduce the waste arising in accordance with good agricultural practice. The local authority is required to be notified in advance of any such burning of waste and there are requirements on the person carrying out the disposal to take all reasonable measures to limit the overall nuisance or possibilities for endangering human health or causing environmental pollution or damage to adjoining hedgerows or habitats. This exemption applies until 1 January 2014 when such activities will require registration with local authorities and be subject to the controls set out in the waste facility permit legislation. Local authorities may also exempt certain local cultural events if they so wish.
All local authorities have dedicated multi-disciplinary Waste Management Enforcement Teams, supported by funding from the Environment Fund operated by my Department. Over 120 local authority waste enforcement officers are currently being supported in this way in performing a wide range of enforcement activities including policing and prosecuting breaches of the Waste Management (Prohibition of Waste Disposal by Burning) Regulations.
In addition, under Section 24 of the Air Pollution Act, the occupier of any premises must not cause or permit an emission from such premises in such a quantity, or in such a manner, as to be a nuisance. Compliance with the Air Pollution Act is enforced by local authorities, who have powers under the legislation to investigate complaints relating to air pollution. A local authority may, in order to prevent or limit air pollution, serve a notice on the occupier of any premises from which there is an emission, specifying the measures deemed to be necessary in order to prevent or to limit air pollution.
The Department of Agriculture, Food and the Marine is currently finalising a Code of Practice on Prescribed Burning. This Code of Practice will emphasise the paramount importance of safety and consideration for neighbours and wider communities in planning and implementing agricultural burning operations. The Code will also recommend close consultation and cooperation with all interested parties, including neighbouring landowners in particular, in planning such burning operations.
