The final extension to the exemption allowing for the onsite burning of cut green agricultural waste will begin on Friday (September 1).
The extension, which was previously rolled over six times, was due to conclude on January 1 of this year.
However, the Department of the Environment, Climate and Communications (DECC) announced that there would be two further extensions in 2023.
In consultation with the Department of Agriculture, Food and the Marine (DAFM), the DECC allowed for an initial burning period up to March 1.
The second window for burning cut green agricultural waste is due to run from September 1 to November 30.
The DECC previously stated that “it was never intended that this exemption would extend in perpetuity and this will be the final time such an extension will be granted”.
The exemption applies to cut green agricultural waste only. It does not apply to any other waste arising on farms e.g., plastics or tyres.
An exemption under the legislation, which has allowed farmers to dispose of waste generated by agricultural practices by burning as a last resort following strict application of the waste hierarchy, has been extended on several occasions.
Burning
The decision to extend the exemption arose from the recommendations made in a feasibility study, commissioned by DAFM, to examine alternative measures to the burning of agricultural green waste in Ireland.
The Irish BioEnergy Association (IrBEA), which carried out the study, outlined the following alternatives to burning:
- Cut and draw into a pile in a field corner, to leave it to de-compose over time (also acting as a haven for biodiversity);
- Regular maintenance and flailing (with in situ return to the ground of the material);
- Wood-fuel from cuttings (dependent on quality and size of the material);
- Alternative hedgerow management and practices – with practices such as coppicing and hedge-laying;
- Alternative uses such as wood-chip, mulch and compost;
- Biochar options – on-site production and use;
- On-farm animal bedding in some cases, depending on the nature of the material arising;
- For land clearance material, off-site use is the most preferable method – using specialist contractors, where an economic return is possible, but dependent on the individual situation and circumstances.
Along with these alternatives to burning, the study called for an awareness campaign and support measures for farmers.
IrBEA also recommended the appointment of a competent or lead authority to develop clear guidelines in terms of hedgerow management.
Stakeholders, including local authorities and farming representatives, warned that ending the exemption in the absence of alternatives and a lead-in time, risked an increase in illegal burning.
During the period 2019 to 2021, an average of 2,884 intention to burn notifications was received annually by local authorities.
The study pointed to the need for a flexible approach to move from the burning scenario to the alternatives.
73% of over 150 farmers surveyed by IrBEA were not aware that the burning exemption was coming to an end, while 71% said they cut their hedgerows in the autumn.
61% of farmers who used burning as a management practice for green waste had never considered an alternative.
In a statement to Agriland, a spokesperson for DAFM confirmed: “The Department of Environment, Climate and Communications, in collaboration with the Department of Agriculture, Food and the Marine, has developed dedicated information leaflets that will be posted to all farmers in early September.
“These leaflets will provide information on the key date changes and alternative approaches for the management.”
Meanwhile, the open period for hedge cutting also begins this week, with landowners permitted to cut hedges or ditches from Friday (September 1).
Under Section 40 of the Wildlife Act, the cutting, grubbing, burning or other destruction of “vegetation growing in any hedge or ditch” is illegal between March 1 and August 31, annually.
As 2024 is a leap year, this hedge-cutting season will close on February 29.
There are some exemptions to the ban, including trimming hedges “in the ordinary course of gardening”; the clearance of vegetation for road or construction works; and cutting hedges to improve road safety.
Farmers who avail of a nitrates derogation must comply with specific additional requirements regarding hedgerow maintenance activity which are not part of the general requirements.