The Government has played down the prospect of turf-burning households being prosecuted for excessive use saying air pollution laws are typically used for backyard burning or unauthorised bonfires.
It comes as some rural TDs expressed concern that people who use turf to heat their homes could be prosecuted under existing air pollution laws and jailed or fined for excessive use.
The Department of the Environment said some coverage of the issue has been “misleading and inaccurate” and said the Air Pollution Act 1987 is typically used against people burning waste such as tyres.
New Solid Fuels Regulations came into effect on October 31st which have banned retailers from selling turf as part of efforts to improve public health by ending the sale of smoky fuels, including smoky coal, turf and wet wood.
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People who have turbary rights are unaffected by the regulations and will still be able to cut turf for their own use or to gift or sell.
The Air Pollution Act 1987 already enables a local authority to serve a notice to prevent or to limit air pollution – to protect people from any harmful effects
— Department of the Environment spokesman
Concern over prosecutions arising from excessive use stems from a line published in the Department’s frequently asked questions on the solid fuels regulations.
It says: “It is important to note that if the use of turf or any other substance in your household is creating a significant level of air pollution and causing a nuisance to your neighbours, you can be prosecuted by your Local Authority under the Air Pollution Act.”
A Department spokesman said: “There are no provisions in the new Solid Fuel Regulations regarding the ‘excessive’ burning of turf or any other solid fuel.
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“The Air Pollution Act 1987 already enables a local authority to serve a notice to prevent or to limit air pollution – to protect people from any harmful effects.“
He said that, typically, air pollution complaints arise as a result of backyard burning of waste or unauthorised bonfires and he gave the example of the burning of tyres.
“That provision has been in place for the past 35 years. The new Solid Fuel Regulations do not change this in any way,” the spokesman added.
Enforcement of the Solid Fuels Regulations will be focused on retailers and online sales platforms rather than households, he added.
