Burning off

Can I burn off?

During the CFA declared Fire Danger Period (usually between November and March) you are not allowed to burn off without a permit issued by a Municipal Fire Prevention Officer. You must satisfy the officer that you have a good reason to burn off and that there is no other practicable option available before the officer will consider issuing a permit.

At any other time of the year, regardless of the size of the property, a resident must obtain a permit before burning off. You will need to apply for a permit by contacting the City of Casey’s Local Laws Unit. The Authorised Officer must be satisfied that there is a justifiable reason for the burning off to take place and that it will be conducted in a safe manner.

No incinerators are allowed to be used on any land within the City of Casey.

Where can I get advice?

For advice about burning off during the CFA declared FDP, please contact the City of Casey’s Municipal Fire Prevention Officer or Local Laws Unit.

What about burning off on smog alert days or total fire ban days?

No burning off is allowed on a CFA Total Fire Ban Day even if you have already been issued a permit to burn. You should refrain from burning off on an EPA Smog Alert Day.

Do permits have conditions?

Yes, burning off permits carry strict conditions in relation to how, when and where burning off can take place. Any breach of these conditions is an offence.

What if a fire is causing a nuisance?

If a fire is causing a nuisance is offensive or liable to be dangerous to health the person in charge of the fire can be ordered to extinguish it by a Council Environmental Health Officer. An Authorised Officer or a member of a fire brigade may extinguish the fire and the person in charge of the fire could be fined if they fail to extinguish it upon request.

A nuisance must be more than an inconvenience and the Environmental Health Officer will look at all aspects before making a decision to extinguish the fire.

How do I report illegal burning off?

If you suspect illegal burning off during the Fire Danger Period you should report it to the Police on 000.

If you suspect illegal burning off during any other time of the year or the use of incinerators you should report it by contacting the City of Casey.

What are the penalties for illegal burning off?

If you burn off illegally during the Fire Danger Period the Country Fire Authority Act provides penalties up to $5,973 and/or 12 months imprisonment.

If you burn off illegally during any other time of the year Council Local Law allows for penalties to be imposed.  An infringement notice of $500 will be issued or the matter may be referred to in court, which can attract a penalty of $2,000.

Why do we have burning off laws?

As a community we need to control the amount of burning off that takes place for environmental, fire safety and residential amenity reasons. Residents and other land users should always look for alternatives to burning off to reduce the impact upon others. Even if the burning off is legal, you should always consider the needs of others and ensure that any impact of the fire is minimal.

How do I apply for a permit?

For more information about the application process, visit Application for a permit to burn by an individual.  

Note:
This information is intended as a general guide only. It is not intended to be and should not be relied on as a substitute for professional legal advice. You should refer to the Country Fire Authority Act 1958, Summary Offences Act 1966 and Casey City Council Local Law No. 2/2010 for a full description of the law relating to burning off.

Wood heaters and open fireplaces

Please refer to wood burning and air quality for further information regarding smoke from wood fires and heaters.