Dáil Éireann Debate, Thursday - 9 July 2026
51. Deputy Cathal Crowe asked the Minister for Agriculture, Food and the Marine if he will outline the circumstances under which farmers can burn vegetation; and if he will make a statement on the matter. [51671/26]
View answerUnder Section 40 of the Wildlife Act, 1976, as amended by the Wildlife (Amendment) Act 2000, growing vegetation cannot be burnt between 1 March and 31 August of any given year (the closed period), on any land not yet cultivated.
Where land has been burned between 1 March and 31 August, it is not in a state suitable for grazing or cultivation and therefore is not eligible for scheme payment purposes for the remainder of the year.
Farmers and other landowners must be aware of further legal constraints when planning a controlled burning operation in the open period:
• Under Section 39 of the Wildlife Act, 1976 (as amended), it is prohibited to burn any vegetation within one mile of a wood, without prior notification to the Gardaí and the owner of the wood.
• Under Section 74 of the Wildlife Act, 1976, (as amended), a person guilty of an offence shall be liable to a fine not exceeding £50,000 (€63,490) or a prison term not exceeding 2 years, or both a fine and a prison term.
Further advice, including a Prescribed Burning Code of Practice, is available on my Department’s website at: www.gov.ie/prescribedburning/
