Andrew Doyle (Wicklow, Fine Gael)
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Question 280: To ask the Minister for the Environment, Heritage and Local Government his policy on the disposal of hedge clippings from agricultural holdings; and if he will make a statement on the matter. [3900/10]

John Gormley (Dublin South East, Green Party)
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The primary responsibility for the management of any waste, including costs for removal or disposal, lies with the holder of the waste, i.e. the natural or legal person in possession of the waste, or the producer of the waste. The Waste Management Acts 1996 - 2009 impose a general duty of care on holders of waste. A person may not hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution.

Under the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009, a holder of waste shall not dispose of it by burning. An exception is provided in Regulation 5 of these Regulations for certain types of waste, such as tree trimmings, leaves or brush generated by agricultural practices, where burning is permitted provided it is done as a final measure following the application, where practicable, of the following waste hierarchy:- i. waste arisings are reduced in accordance with best agricultural practice, ii. waste is reused, iii. waste is recycled through shredding and use as compost or wood chippings, iv. waste is salvaged for use as fuel.

Where none of the non-combustion disposal options are practicable or economically viable the waste may be disposed of by burning subject to certain conditions being fulfilled:- i. the person carrying out the disposal must take all reasonable measures to limit the overall nuisance or possibilities for endangering human health or causing environmental pollution or damage to adjoining hedgerows or habitats, ii. no accelerants may be used when undertaking the disposal activity, and iii. the person carrying out the disposal must notify the local authority concerned in advance of the intention to dispose by burning.