Controls on burning waste in the open

What you must do 

Burning waste in the open may release harmful gases, grit and dust. Residues of harmful chemicals such as lead paints, tars and oils that remain in the ashes can be washed into the ground by rain. This may lead to contamination of the soil, groundwater and surface waters. 

In order to limit pollution to air, water and land, instead of burning waste in the open you should find alternative methods of waste management, wherever possible. See the page in this guideline on alternatives to burning waste. 

Waste authorisations 

If your business burns waste in the open, you may need an authorisation from your environmental regulator. You must have the correct permissions before you burn waste and you must make sure that burning the waste does not create pollution or cause a nuisance. 

In some cases, burning waste is forbidden. For example, you may not be allowed to burn waste in an area with poor air quality. 

Burning waste plant tissue and untreated wood in Northern Ireland

In Northern Ireland, you may qualify for an exemption (paragraph 30) to burn certain waste plant tissue and untreated wood if:  

  • you burn the waste at the place where it was produced 
  • you burn up to 10 tonnes in a 24-hour period. 

If you have an exemption, you must comply with its conditions.  

You must register this exemption with your environmental regulator.  

You must still ensure that your activity does not:  

  • endanger human health or cause pollution to water, air or soil 
  • constitute a risk to plants or animals  
  • cause a nuisance in terms of noise, dust, fumes, smoke and odour  
  • adversely affect the countryside or places of special interest

NIEA: Paragraph 30 - Burning waste on land in the open  

Burning waste plant tissue and untreated wood in Scotland

In Scotland, you may be allowed to burn certain wastes in the open without the need to apply to SEPA for an authorisation, as long as standard conditions are met, see below.  

Burning waste wood on campfires and bonfires  

Conditions:  

  • Only burn visibly clean waste wood - this excludes waste wood that has been painted or treated with chemical wood preservatives 
  • Only burn card and paper in quantities necessary to start the fire 
  • The size and location of the bonfire or campfire must be appropriate for the even 

Burning less than 10 tonnes per day of clean plant matter waste and untreated waste wood in the open at the place where it was produced  

Conditions:  

  • Only burn wastes mentioned in Table 1 of the Position Statement - Low Risk Waste Activities  
  • No more than 10 tonnes of waste may be burnt in a 24-hour period 
  • Waste must not be brought from another place for burning  

Burning waste trees, plants and associated packaging when a Plant Health Notice has been issued, to prevent the spread of plant diseases  

Conditions:  

  • Only burn waste where required under a Plant Health Notice 
  • Burning must only take place at the site where the waste is produced or at the dock where the waste is unloaded 
  • When waste is burned at a dock, it must be burned on a hard standing 
  • No more than 15 tonnes of waste may be burned in a 24-hour period 

For any of the activities above, if these conditions cannot be met, you will need an EASR authorisation.

SEPA: Incineration  

Incineration of waste

If you are disposing of waste by burning it in an incinerator or other similar plant, you will need authorisation from your environmental regulator.  

Burning construction waste 

You must not burn waste on a construction site unless you have an authorisation that covers the activity. 

Burning farm waste in Northern Ireland 

You must not burn non-natural farm waste, such as plastic and tyres, in the open. You are no longer allowed to use a drum incinerator to burn agricultural or veterinary containers that are contaminated with pesticides or other toxic substances. 

You can burn some waste, including plant tissue waste and untreated wood, in the open. However, you may need to register a paragraph 30 waste exemption for this activity with the NIEA. 

Burning straw or stubble in the open is strongly discouraged. If you have no other alternative, then you will be allowed to burn straw or stubble only if you have registered an exemption with the NIEA and follow Department of Agriculture and Rural Development (DARD) guidelines. 

Normally, you must not burn animal carcasses in the open. You can only burn carcasses if you have permission from DARD. Permission may be granted in certain circumstances, such as when a disease outbreak occurs. For guidance on incinerating animal carcasses, see the page in this guideline: Permits for burning waste. 

Burning farm waste in Scotland 

You must not burn non-natural farm waste, such as plastic and tyres, in the open.  

In certain circumstances, you can burn some waste, including plant tissue waste and untreated wood, in the open, without the need to apply for an authorisation from SEPA – see the guidance above on Burning waste plant tissue and untreated wood.  

Burning stubble and straw is strongly discouraged by SEPA. 

In certain circumstance you may be able to burn less than 50kg per hour of animal carcasses, if you have permission from Animal & Plant Health Agency.  

You may be allowed to but manure from poultry and other farmed animals, but you must have permission from the Animal & Plant Health Agency. 

Dark smoke restrictions 

You must not cause or allow emissions of dark smoke from your site. There are some exemptions from this requirement, but only if your activities won't cause emissions that could damage health or cause a nuisance. Materials that are likely to emit dark smoke when burned include: 

  • tyres and other rubber-based products
  • plastics such as polystyrene
  • cable and wires with plastic insulation covering
  • oils and paints 

See the page on dark smoke restrictions in our guideline on preventing air pollution

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