The Irish Farmers’ Association (IFA) is seeking urgent clarity on the future of a legal exemption allowing farmers to burn green waste.

Under the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009, the burning of household, garden, commercial or industrial waste is illegal.

An exemption under the legislation had been provided for farmers to dispose of untreated/uncontaminated wood, trees, trimmings, leaves, bushes or similar materials generated by agricultural practices by burning.

In accordance with the regulations, farmers were obliged to notify the environment section of their local authority and the non-emergency section of the fire service before burning agricultural green waste.

Burning of such waste is seen as a final measure and farmers had been encouraged to follow the “waste hierarchy”, which includes reducing waste, reusing materials and recycling ahead of burning.

Burning green waste

However, concerns have now been raised across the country by farmers as it is understood the exemption under the legislation expired on January 1, 2022.

This means that farmers would no longer be allowed to burn green waste.

IFA Environment Committee chair, Paul O’Brien told Agriland that worried farmers had contacted the organisation after local authorities in their areas had announced that the exemption had ceased.

O’Brien said the IFA made contact with the Department of Environment, Climate and Communications, which is responsible for the legislation, last Friday to seek “urgent clarification” and is awaiting a response.

He explained that the practice is only allowed until February 28, as the window for burning is then closed until September 1, due to the bird nesting season.

The IFA chair said that farmers have been responsibly burning green waste for years.

“This is good practice that at least the department and the fire brigade know what is happening in an area, as opposed to the farmer doing it themselves without negotiation with the authorities,” O’Brien said.

“It would be nice to get clarification as to the reasoning, whether this was dropped by mistake and it can be something that can be worked upon. Otherwise, the IFA will be speaking to our local TDs and ministers in order to get the legislation reenacted,” the IFA chair concluded.