Open air burning local laws

We want your thoughts on open-air burning.

From building sites, to rubbish, to pets – the Community Amenity Local Law 2022 covers a wide range of topics. It empowers us to respond to local issues and protect public and private space, as well as our community’s health and safety.

In August 2022, Council adopted the Community Amenity Local Law 2022 and committed to reviewing Part 4 of the local law that deals with open air burning, incinerators and chimneys, in early 2023 - to ensure we’re able to provide adequate focus on such an important topic.

We’re now seeking the community’s feedback to help us consider what’s important to residents, what emerging issues there are and to ensure the new open air burning local laws are relevant.

This is a first-round consultation to help us develop the new open air burning local laws. We will consult with the community again once a draft has been created.

How can I have my say?

We encourage everyone to have their say by completing the survey, making a written submission, or both.

Your feedback will help us understand what’s important to you. Your input will help to shape the new open air burning local laws.

Part 4 of the Community Amenity Local Law 2022 restricts open air burning by land size, outside of the Fire Danger Period.

Land less than 1,500 square metres

A permit is required for open air burning (including in an incinerator) where the land is 1,500 square metres or below, and will only be issued in very specific circumstances:

  • The land is in a designated bushfire risk area.
  • The fire is for genuine fuel reduction purposes.
  • There is no suitable alternative means of disposal (eg. mulching or green waste).
  • Materials must be dead and dry and must not be brought from offsite.
  • No more than 10 cubic metres of vegetation is burnt at one time.
  • A fire is not allowed within 10 metres of any neighbouring dwelling.

Land between 1,500 and 40,000 square metres

A permit is not required for open air burning (including in an incinerator) where land exceeds 1,500 square metres but is less than 40,000 square metres, with the following conditions:

  • Burning is only allowed Friday or Saturday between 9am and 4pm.
  • No more than 10 cubic metres of vegetation is burnt at any one time.
  • A fire is not allowed within 10 metres of any neighbouring dwelling.

Land greater than 40,000 square metres

A permit is not required for open air burning (including in an incinerator) where land is greater than 40,000 square metres, with the following conditions:

  • No more than 100 cubic metres of vegetation is burnt at any one time.
  • A fire is not allowed within 100 metres of any neighbouring dwelling.

Safety and minimising nuisance

All fires must be supervised by adults, have fire suppression equipment on hand and not be lit in high wind conditions.

Fires must not be offensive, cause a hazard to health or adversely impact visibility beyond the property boundary.

The current local law specifies a range of materials that cannot be burned.

Fires for cooking and heating

Fires in properly constructed barbeques, pizza ovens, chimeneas or other appliances that are used for cooking or heating are allowed.

Chimneys

Chimneys must not discharge ash, smoke or dust so that it becomes a nuisance, is dangerous, affects health and safety of people or animals, or is harmful to the environment.

Take the Survey

Make a Submission