James O'Connor (Cork East, Fianna Fail)
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301. To ask the Minister for Agriculture, Food and the Marine if he could address the concerns raised by hill farmers in correspondence (details supplied) regarding issues with controlled burning during the legal window due to weather conditions along with other matters; and if he will make a statement on the matter. [54545/25]

Martin Heydon (Kildare South, Fine Gael)
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Under 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.

In general, land burnt during the closed season (March 1st to August 31st) is not eligible for the purpose of payment under the Basic Income Support for Sustainability (BISS) or any other area-based scheme.

My Department actively identifies areas of burnt land declared for area based schemes, and in particular land that is burned during the closed season. Where land is identified as having been burned during the closed season no payment will issue on this land and in some cases an additional penalty will apply. In all of these cases my staff write to the applicant advising them of the change of the eligibility of the land and giving them the right of review for the land in question.

Where an applicant considers the burning of the land may be as a result of force majeure or exceptional circumstances, they need to request a review as outlined in their notification letter.

In such cases the applicant should seek the review from my Department in writing within 15 working days of the date of being in a position to do so (if the application has been submitted) or at the same time as you submit your application online (if the application has not been submitted).

My Department carefully examines each request on a case-by-case basis and where adequate proof is provided that force majeure or exceptional circumstances prevailed, penalties will not normally apply. Examples might include documentary evidence of the steps taken to prevent or lessen the effect of these circumstances. If an applicant’s land has been burned maliciously then they will need to provide evidence that they reported this to An Garda Siochana or their local Fire Service. Full Guidance can be found in the Terms and Conditions of the BISS and other 2025 Area Based Schemes available on my Departments website at: www.gov.ie/en/department-of-agriculture-food-and-the-marine/services/basic-income-support-for-sustainability-biss-scheme/#terms-and-conditions.

Notwithstanding that lands burnt during the closed period are ineligible, it is recognised that controlled burning done at the right time of the year has a role to play in certain upland habitats.

The Department has produced a Prescribed Burning Code of Practice in order to provide guidance to landowners who use controlled burning as a land management tool and a shorter version issued to farmers in high fire risk areas throughout the country in 2013. Both publications are available on the Department’s website at: www.gov.ie/en/department-of-agriculture-food-and-the-marine/publications/fire-management, or from the Forestry Division Johnstown castle, Co Wexford.