Andrew Doyle (Wicklow, Fine Gael)
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Question 433: To ask the Minister for the Environment, Heritage and Local Government his policy regarding the burning of upland areas for firebreaks; and if he will make a statement on the matter. [25151/10]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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The provision of a fire service in its functional area and the assessment of fire cover needs having regard to the nature of the fire hazards and the probable incidence and extent of fires in its area is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981.

In general, the burning of upland areas for firebreaks should only be undertaken with the consent of the owners of the land and with appropriate precautions in place to restrict the extent of the burning and avoid uncontrolled burning. The advice of the local fire authority may be sought in regard to fire safety.

Section 40 of the Wildlife Act 1976, as amended, provides that it is an offence for a person to cut, grub, burn or otherwise destroy, during the period from 1 March to 31 August, any vegetation growing on any land not then cultivated or, during the same period, to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch. There are a number of derogation provisions in the legislation which allow work to be carried out in the normal course of agriculture or forestry, but do not extend to burning.

In addition under Section 39 of the Wildlife Act 1976, as amended, it is an offence for a person to burn vegetation growing within one mile of a wood or plantation which is not the property of such a person, at any time of the year, without firstly giving notice in writing to an Garda Síochána and the owner/occupier of the wood or plantation.

Under the Habitats Regulations 1997 as amended and the Wildlife Acts, the burning of areas of vegetation in bogland designated for conservation as Special Areas of Conservation, Natural Heritage Areas, or Special Protection Areas, is a Notifiable Activity which may not be carried out except with the express consent of the Minister.