Burning Off Regulations: Your Questions Answered
DSE Responsibilities
Fire Protected Area
Responsibilities of the CFA
Prohibited Period
Garden Refuse
Fire Danger Period
Total Fire Ban
Other questions
Q 1. What are the responsibilities of the Department of Sustainability & Environment?
The Department of Sustainability & Environment and the Country Fire Authority protect Victoria’s rural land, outside the Metropolitan Fire District, from fire. The Department of Sustainability & Environment is responsible for prevention and suppression of wildfires in National Parks, State Forests and other protected public land.
Q 2. What is a Fire Protected Area?
The Department of Sustainability & Environment area of jurisdiction on public land and some private land is called the Fire Protected Area. Fire restrictions in these areas are to protect our parks and forests from fire.
Private land that lies within 1.5 kms of public land (parks/forests) may be within a Fire Protected Area. If your property is in either Gippsland, north-east or far south-west Victoria and is within 1.5 kms of public land it may be in a Fire Protected Area. Contact the Sustainability & Environment office in your area to find out if your property is within the Fire Protected Area.
Q 3. What are the responsibilities of the CFA?
The CFA is responsible for fires on all private land in Victoria that is located outside the Metropolitan Fire District but not National Parks, State Forests or protected public land. The CFA does, however, assist the Department of Sustainability & Environment in fighting fires and conducting fuel reduction burns on public land.
Prohibited Period
Q 4. What is the Prohibited Period?
It is the time of the year in which fires cannot be lit in the Fire Protected Area (Q 2) without a written permit from a Department of Sustainability & Environment Officer.
Q 5. Where and when does the Prohibited Period apply?
The Prohibited Period applies to all public land throughout the year. In addition, the Minister for Environment may declare a Prohibited Period for the adjoining private land, that is land within the Fire Protected Area as described in Question 2.
Different Prohibited Periods may be declared for different areas and any declaration may be revoked, changed or varied by a further declaration. The timing of these declarations depends on weather conditions and drying-off vegetation.
If your land is within a Fire Protected Area (Q2) contact your local DSE Office to check if the Prohibited Period has been declared before lighting a fire.
Q 6. Do I need a permit to burn on my land during a Prohibited Period?
In rural areas - a permit to burn is only required if burning off within the Fire Protected Area (Q 2). These permits can be obtained from your local Department of Sustainability & Environment office.
Permits are not needed for small campfires and incinerators (these fires may only be lit in accordance with Fire Protection Regulations).
In the Melbourne Metropolitan area - check the local council laws before burning.
Garden Refuse
Q 7. Can I burn off material such as grass, scrub or timber during a Prohibited Period if my land is in the Fire Protected Area?
In rural areas -yes, provided it is burned in an incinerator (Q 9). If it can’t be burned in an incinerator, you must obtain a permit from your local Department of Sustainability & Environment office. You must comply with the conditions specified on the permit. No burning, even in an incinerator, is permitted on days of TOTAL FIRE BAN.
In the Melbourne Metropolitan area - check the local council laws before burning.
Q 8. Do I need a permit for burning when the Prohibited Period is not in force?
No, however the law requires you to keep the fire contained to your property. If the fire damages your neighbour’s property or any public land you can be held liable for the costs of damage caused and costs of controlling the fire.
In the Melbourne Metropolitan area - check the local council laws before burning.
Q 9. Can I light a fire in an incinerator during the Prohibited Period?
- the fire is kept within the incinerator;
- the wind is no more than a light breeze;
- all flammable material on the ground and the air is cleared from within 3 metres of the fire;
- the fire is completely extinguished before being left unattended; and,
- a TOTAL FIRE BAN is not in force.
In rural areas - yes, provided:
Note- an incinerator is defined as a structure fully contained within brick, stone or metal used for burning domestic refuse.
In the Melbourne Metropolitan area - check the local council laws before burning.
Fire Danger Period
Q 10. What is the Fire Danger Period?
This period is declared by the Country Fire Authority for the Country Area of Victoria, but excludes National parks, State forests and other protected public land. It is declared when the risk of bushfire is high. The start and end of the period will vary across Victoria.
Q 11. Do I need a permit during the Fire Danger Period?
Yes, you must apply for a permit at your local municipal office if you wish to light any fires in the open for burning off rubbish or vegetation.
If you live in a Fire Protected Area you must obtain a permit from your local Department of Sustainability & Environment office.
Total Fire Ban
Q 12. What is a Total Fire Ban?
Total Fire Ban days are declared when the fire danger is predicted to be very high to extreme. It is illegal to light or maintain any fire even if a permit has been granted. A Total Fire Ban may be declared for the whole State, or for one or more of the 5 Fire Ban Districts.
Q 13. How do I know when a Total Fire Ban has been declared?
Total Fire Bans are publicised on the web, radio, television news services and in daily papers as soon as they are declared and during the day they are in force. It is up to you to find out when a fire ban is on. If in doubt, keep your fire out.
Other Questions
Q 14. Can I be required to remove a fire hazard on my property ?
Yes a Municipal Fire Prevention Officer, a CFA or Department of Sustainability & Environment Officer may require you to do this.
Q 15. What does the law say I should do if I find a fire burning unattended?
If the fire is likely to spread, you must try to control it. Report the fire to the nearest Sustainability & Environment office, fire brigade or police as soon as possible.
Q 16. How can I make my property safer from fire?
You can help by removing flammable material near your home and property and by keeping grass, leaves and other flammable material at a low level. The CFA has more information on this topic.
Don’t let your burn escape into the bush. It could turn into bad news for you, your family and your neighbours. Need more information? Speak to your local Department of Sustainability & Environment Officer.