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Waste Management Regulations

Dáil Éireann Debate, Thursday - 5 December 2013

Thursday, 5 December 2013

Questions (160)

Bernard Durkan

Question:

160. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the Environmental Protection Agency propose to ban the burning of hedge cuttings on farmland throughout the country from 31 December next; the basis for such a decision in view of the fact that woodcuttings are carbon neutral and that disposal by mechanical means is not; if it is intended to reverse any such decision; and if he will make a statement on the matter. [52394/13]

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Written answers

The Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 make it an offence to dispose of waste by uncontrolled burning and various actions are prohibited by the regulations, including burning within the curtilage of a dwelling. Article 5 of the Regulations provides for the permissible disposal of waste by burning under certain conditions, including, inter alia, where the material to be burned consists of “uncontaminated (free of dangerous substances, preservatives or other artificial impregnation or coating) wood, trees, tree trimmings, leaves, brush, or other similar waste generated by agricultural practices, but excluding garden and park wastes and cemetery wastes and wastes arising from infrastructural development works, provided that such burning is done as a final measure following the application of the following waste hierarchy”.

Article 6 of the Regulations provides a sunset clause for this exemption as of 1 January 2014, unless an application is made for a Certificate of Registration under the Facility Permit Regulations in relation to the activity in question before that date.

It has been brought to my attention recently that the interactions between this exemption and certain provisions of the Waste Management (Facility Permit and Registration) Regulations 2007 (in relation to activities to which a certificate of registration may apply) and the inclusion of burning of waste as either a recovery or disposal operation under the Waste Management Act 1996 (as amended) require further clarification before the exemption expires. It is my intention therefore to extend the existing exemption for a further period beyond 1 January 2014 by way of amending regulations to allow for further consideration of the matter.

Questions Nos. 161 and 162 answered with Question No. 34.
Questions Nos. 163 and 164 answered with Question No. 158.
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