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Page Last Updated:
Tuesday, 13 November 2012
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Home>Fire prevention & emergency management>Fire Prevention>Burning off, incinerators and other fire laws
Burning off, incinerators, bonfires and fireworks are all regulated by State and Local Laws. A number of conditions apply for carrying out any of these and Permits may also be required to be obtained prior to starting.
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| Inside the fire danger period | | No burning off can occur without a permit
To burn off during the Fire Danger Period a permit is required prior to a burn. For small (domestic) burns a Schedule 13 Permit is required for burning off (including using an incinerator) and can be obtained from Council's Fire Prevention Department. Council encourages people to preplan their burns and to talk to Council's Fire Prevention Officer early. Although Council will work hard to respond to applications within 24 hours, it may take up to 5 working days to process your application. The reason for this is that in many cases a site inspection is required, particularly if it is located in a high risk area. This cannot always be done straight away as during the Fire Danger Period, Officers are committed to undertaking property inspections as part of our Fire Inspection Program. When planning a burn, please allow time for Council to assess your application.
For large scale burns a Schedule 14 Permit is required to be applied for through the CFA. For further information please contact the local CFA office on 03 5232 1923.
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| Outside the fire danger period | | Outside of the fire danger period burning off may be carried out without a permit, however a number of conditions still apply. The Summary Offences Act makes it an offence to leave a fire unattended. Any person who lights a fire is legally responsible for the fire and liable for any damage it may cause.
Council has local laws to control burning off and managing smoke. To protect your own interests, Council recommends you take the necessary precautions to prevent adverse consequences of fire and that you make yourself aware of the rules that apply to you in order to avoid significant fines, imprisonment or other penalties associated with the breaching of fire related laws.
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| Did you know? |
 | You can only burn off in residential areas on a Friday and Saturday between 10am and sunset (a Permit must be obtained during the FDP)
| | You are not allowed to burn offensive material such as plastics, paints, oils or other products that may give off offensive by-products
| | You can still be required to extinguish a fire by a Fire Officer, Police Member or Council Officer even outside the FDP
| | You can still be criminally prosecuted if you light a fire legally and it causes damage to the property of another person
| | You cannot leave a fire unattended at any time.
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| Lighting a fire and your responsibilities |
| Place a fire break cleared of flammable material around the burn pile
| | Don't burn under trees, powerlines or immediately against a fence
| | Don't burn on days of strong winds
| | Always have a hose or other water source on hand to put out any fires that may be offending the legal requirements above
| | Check with CFA and Council to ensure you are aware of all the conditions
| | Let your neighbours know you will be burning off
| | Let the 000 operators know you are having your burn off by completing a Burn Off Notifcation Form
| | Contact VicFire Burnoff on 1800 668 511 to advise of your burnoff
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| Fireworks | | Fireworks are considered explosives and require a permit from Worksafe Victoria. The Summary Offences Act requires that Council approves use of fireworks in the municipality. In addition to Worksafe penalties of tens of thousands of dollards for individuals, fireworks are also a type of fire and attract all the penalties associated with burning off.
Please check with Worksafe and Council prior to using fireworks
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