Where do the current open air burning local laws sit?

Part 4 of the Community Amenity Local Law 2022 (retained from the General Purposes Local Law 2012) restricts open air burning by land size, to mitigate community health, safety and amenity concerns.

Land size less than 1,500m2

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 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

Fires must:

• Be supervised by adults.
• Have sufficient fire suppression equipment on hand.
• Not be lit when wind speed exceeds 20 kilometres per hour.

Minimising nuisance

Open air burning must not:

• Be offensive, a nuisance or have the potential to cause a hazard to a person’s health in the vicinity, or beyond the property boundary.
• Adversely impact on visibility beyond the property boundary, including creating a hazard on, or near, a public road.

Materials that cannot be burned

The following cannot be burned:

• Green or wet material.
• Non timber based building materials.
• Rubber or plastic, including plastic mulch, plant pots and packaging materials.
• Furnishings and carpet.
• Manufactured chemicals.
• Petroleum or oil products.
• Paint, including any container in which paint is kept.
• Food waste.
• Manure and straw.
• Carcasses or dead animals. or
• Other offensive, noxious or toxic matter.

Fires for cooking and heating

Fires in properly constructed barbeques, pizza ovens, chimeneas or other appliances that 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.

Incinerators

Prohibit the use of incinerators across the Shire.

Safety

• Increased the distance of a fire from a neighbouring dwelling to 20m (currently 10m) on land 1,500m2 to 40,000m2.
• Improved clarity on the type of materials that can and cannot be burned.
• Onus expanded throughout from ‘a person’ to ‘a person or occupier of land’.
• Increased safety obligations on a person or occupier of land burning materials.
• New requirement for all burns to be registered at a State level through ESTA.

Fires for cooking and heating

Improved clarity on types of burning allowed including for cooking, warmth and for the purpose of enjoying culture or practising religion.

Fires in a public place and on Council land

New clause introduced to regulate fires in a public place and on Council land.

Administrative changes

• New introductory statement acknowledging deference to state legislation (ie. CFA Act 1958 and FRV Act 1958).
• Deleted operational permit-related elements (eg. applying for and issuing of permits). These are covered by Clause 80 Permits.
• Deleted MFPO discretion to remove local law restrictions on open air burning.
• Updated throughout to ensure relevant agencies listed are current.
• Deleted Chimney provisions.
  These are regulated under the EPA 2017– to include would be duplication of legislation.