The Department of Agriculture, Food and the Marine (DAFM) has confirmed to Agriland that it identified 665 herds associated with illegal burning in 2023.

The department said that these herds either had lands burnt in the closed period or at the correct time of year, but without the relevant consent.

In 2022, 500 herds were identified as having ineligible land as a result of burning.

Land which is found to have been illegally burnt land can be deemed ineligible for payment under the Basic Income Support for Sustainability (BISS) scheme and the other area-based schemes, including the Areas of Natural Constraints Scheme (ANC).

Illegal burning

According to data provided by the department, Mayo was the county with the highest number of herds associated with illegal burning at 235.

This was followed by Kerry with 178, Galway (48), Waterford (40) and Cork (30).

There was just one detection each made in Clare, Louth, Roscommon and Offaly.

The department provided the following county-by-county breakdown for the illegal burning detections made last year:

CountyHerds identified
Carlow64
Clare1
Cork30
Galway48
Kerry178
Louth1
Mayo235
Roscommon1
Offaly1
Sligo28
Tipperary9
Waterford 40
Wexford17
Wicklow12
Total665
Source: DAFM

To date, DAFM has received 157 appeals in relation to 2023 burning.

“The department is currently reviewing these appeals and 38 successful appeal letters have issued to date,” a spokesperson said.

Under Section 40 of the Wildlife Act, 1976, growing vegetation cannot be burnt between March 1 and August 31 of any given year (known as the closed period), on any land not yet cultivated.

Where land has been burned between these dates, the department said that it is not in a state suitable for grazing or cultivation and therefore is not eligible for the remainder of the year.

This means that the land cannot be paid on in the year it is burnt, but is eligible the following year. This only applies where the appeal is unsuccessful.

Lands will remain eligible where controlled burning has been carried out at the right time of the year in full compliance with all relevant environmental legislative requirements and having first consulted with and notified gardaí and the local fire service.

In the case of designated Natura lands, prior approval must be obtained through the Activities Requiring Consent (ARC) system implemented by the National Parks and Wildlife Service (NPWS).

“The department actively investigates incidents of illegal burning using a range of satellite imagery, including Copernicus Sentinel Satellite data, which also supports the Area Monitoring System (AMS).

“The department also carries out follow up verification visits where necessary to confirm the presence of burnt land,” the DAFM spokesperson said.