Prohibition on the Burning of Waste Regulations
This information does not purport to be and should not be considered a legal interpretation of the legislation referred to herein. It is important to understand that the burning of waste is not acceptable it poses a health and environmental hazard. Burning waste generally produces a lot of smoke and toxic chemicals which can be inhaled also deposited onto land and vegetation being incorporated into the food-stream.
Burning of waste includes, but is not limited to:
- Burning waste on private or commercial premises, either in an exposed pile or in a container (skip or barrel) also known as ‘backyard burning’.
- Burning of waste at construction sites.
- Burning of green waste resulting from landscaping/gardening works. Including Golf-courses, commercial landscaping and domestic gardening.
- Burning waste in open fire or stove, or other solid fuel appliances i.e. incorrectly using waste as an alternative fuel source.
- Using burners that are sold traditionally at Hardware stores. These are also called garden/home incinerators. It is not an offence to sell these, however, it is an offence to burn waste in them
Burning Waste is illegal!
The burning of waste is an offence under the following legislation:
- The Waste Management Act 1996, as amended
- The Air Pollution Act
- 1987 The Waste Management ( Prohibition of Waste Disposal by Burning) ) regulation 2009 S.I No. 286/2009
- The Waste Management ( Prohibition of Waste Disposal by Burning ) ( Amendment ) Regulations 2020 S.I No. 51/2022
- The Waste Management ( Prohibition of Waste Disposal by Burning ) (Amendment ) regulations 2023 S.I. No.16/2023
For alternative options to burning please see information in links below:
- 2022 Burning Regulations Amendment
- 2009 Burning Regulations
- EPA Guidance on Burning
- Land and Forest Fires
HALLOWEEN or Bonfires
Burning of waste in bonfires at Halloween and other times of the year is an OFFENCE.
The burning of such waste relates solely to material consisting of uncontaminated (free of dangerous substances, preservatives or other artificial impregnation or coating) wood, trees, tree trimmings, leaves or brush, or other similar waste generated by agricultural practices (but excluding garden and park wastes and cemetery wastes and waste arising from infrastructural development works).