The average penalty for burning land during the closed period last year was €98, while the largest penalty was €22,356.23, Department of Agriculture figures show.

A total of 662 farmers declared land in 2023 that was burned in the closed period, of which 227 had a financial penalty applied to their Basic Income Support for Sustainability (BISS).

Under the law, growing vegetation cannot be burnt between 1 March and 31 August of any given year during this closed period.

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 payments for the remainder of the year.

In terms of a county-by-county breakdown, a total of 233 farmers in Mayo were found to have burnt land during the closed period last year.

Kerry was next with 178 cases of burning, while there were 64 in Carlow, 48 in Galway and 40 in Waterford. Clare, Cork, Louth, Offaly, Sligo, Tipperary Wexford and Wicklow all had below 40 cases.

Legal burning

The Department said that it is important to note that while we are now in the period where controlled burning is allowed, it must be carried out in full compliance with all relevant environmental legislative requirements and any other lawful requirements, having first consulted with and notified the gardaí and the local fire service.

In the case of Natura lands, including land designated as a Special Area of Conservation (SAC) and/or Special Protection Area (SPA), prior approval must be obtained through the activities requiring consent (ARC) system with the National Parks and Wildlife Service.

The Department has advised that its direct payments division is currently working through burned land cases for 2024. “Correspondence will shortly issue to the impacted farmers,” a Department spokesperson confirmed.