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

DSE Responsibilities

Q 1. What are the responsibilities of the Department of Sustainability & Environment?
The Department of Sustainability & Environment (DSE) and the Country Fire Authority (CFA) protect Victoria’s rural land that is outside the Metropolitan Fire District, from fire. DSE 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 DSE area of jurisdiction on public land, and on some private land, is called the Fire Protected Area. Fire restrictions in these areas help to protect our parks and forests from fire.

Private land that lies within 1.5 kms of public land (such as parks and forests) may be within a Fire Protected Area. Is your property in Gippsland, or north-east Victoria? If so, and it is within 1.5 kms of public land, it may be in a Fire Protected Area. See Burning off on private land for more information. Or contact the DSE 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?
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 DSE in fighting fires, and conducting planned burns, on public land.

Q 4. What information does CFA provide about burning off on private land?
CFA has developed fire management guidelines titled 'On the Land'. These guidelines provide an overview of fire management on rural properties and includes information about using fire safety on private land including burning off.

Prohibited Period

Q 5. 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. See Burning off on private land for more information. Or contact the DSE office in your area.

Q 6. 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. Any declaration may be revoked, changed or varied by a further declaration. The timing of these declarations depends on weather conditions and vegetation drying-off.

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 7. 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 DSE 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 local council laws before burning.

Garden Refuse

Q 8. 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 DSE 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 local council laws before burning.

Q 9. 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 local council laws before burning.

Q 10. Can I light a fire in an incinerator during the Prohibited Period?
In rural areas - yes, provided:

the fire is kept within the incinerator
the wind is no more than a light breeze
all flammable material on the ground and above the fire is cleared within 3 metres of the fire, in each direction
the fire is completely extinguished before being left unattended
a TOTAL FIRE BAN is not in force.

Please 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 11. What is the Fire Danger Period?
This period is declared by the Country Fire Authority for the Country Area of Victoria. The Fire Danger Period excludes National parks, State forests and other protected public land. The Fire Danger Period is declared when the risk of bushfire is high. The start and end of the period will vary across Victoria.

Q 12. 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 DSE office.

Total Fire Ban

Q 13. What is a Total Fire Ban?
Total Fire Ban days are declared when the fire danger rating is Very High, Extreme or Code Red (Catastrophic). On a day of Total Fire Ban 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. CFA has more information about Total Fire Ban days, fire ban districts and Fire Danger Ratings.

Q 14. How do I know when a Total Fire Ban has been declared?
Total Fire Bans are publicised on the CFA website, on radio, television news services, and published in daily papers when they are declared, and during the day they are in force. You can also find out about Total Fire Bans by calling the Victorian Bushfire Information Line on 1800 240 667. It is up to you to find out when a Total Fire Ban has been declared. If in doubt, keep all fires out.