Written answers
Tuesday, 2 December 2025
Department of Housing, Planning, and Local Government
Environmental Schemes
Mattie McGrath (Tipperary South, Independent)
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342. To ask the Minister for Housing, Planning, and Local Government if he will consider introducing a flexible controlled burning scheme for upland areas, allowing farmers to apply for permission to burn heather outside the current statutory window, in order to reduce fire risk and protect biodiversity; and if he will make a statement on the matter. [67703/25]
Christopher O'Sullivan (Cork South-West, Fianna Fail)
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The Wildlife Act 1976 is the principal national legislation providing for the protection of native wildlife and the control of some activities that may adversely affect wildlife. Restrictions on burning are mainly set out in section 39 and section 40 of the Act. There are also restrictions on burning associated with designated European sites.
Section 40 (1) of the Wildlife Act 1976 states:
(1) (a) It shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 1st day of March and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated
(b) It shall be an offence for a person to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch during the period mentioned in paragraph (a) of this subsection.
There are no plans to introduce changes in respect of burning restrictions.
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