Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Open air burning policy – draft
July 2015
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Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Version Control
Version
Amendment
Author
Date
Version 1
Original policy
Community, Risk &
Emergency
Management
1 July 2008
Version 2
Update
Community, Risk &
Emergency
Management
October 2012
Version 3
Final Update
Community, Risk &
Emergency
Management
December 2013
Version 4
Update following
document review
Community, Risk &
Emergency
Management
July 2015
This policy will be reviewed in 3 years from the date of the latest version above.
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Table of contents
1
Introduction
1
1.1
Application of this policy & exemptions
1
1.2
Open air burning during the declared Fire Danger Period
2
1.3
Alternative methods of fuel reduction
2
1.4
Complaints about fires and enforcement of this policy
2
2
Open air burning within Cardinia Shire
3
2.1
Open Air Burning Register
3
2.2
General requirements
4
2.3
Zone 1 requirements
5
2.4
Zone 2 requirements
5
2.5
Zone 3 requirements
5
Appendix 1 – Maps of Cardinia Shire Council’s Open Air Burning Zones
Appendix 2 – Open Air Burning Zones mapping process
Appendix 3 – Zone 1 annual Open Air Burn Registration
Appendix 4 – Checklist for applications to the Open Air Burning Register
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
1
Introduction
The objective of this policy is to ensure the effective management of open air burning in
Cardinia Shire.
The policy aims to minimise the impact of open air burning on health, amenity and to
minimise bushfire risk.
To achieve these aims, this policy details the restrictions on open air burning within the
Shire.
This policy is incorporated into Cardinia Shire Council’s Local Law 17.
1.1
Application of this policy & exemptions
This policy applies to all open air burning within Cardinia Shire.
The definition of “open air burning” is to light or keep a fire lit “in the open air” which has the
same meaning as in section 34A of the Country Fire Authority Act 1958.
This policy does not apply to, and therefore has no requirements –

During the Fire Danger Period which may be declared each year (increased
restrictions apply during this period via the Country Fire Authority Act 1958 (see
Section 1.2).

For open air burning on any land within a barbeque, pizza oven, brazier, chiminea or
for the purposes of cooking, fire brigade training, extracting honey, relocating bees,
rail maintenance, heating bitumen, welding, gas-cutting or soldering where it is not
dangerous to health, offensive or reduces visibility on any road.

For open air burning conducted by a public authority (e.g. a fuel reduction burn
conducted by the Department of Water, Environment, Land and Planning).

For the use of incinerators (they are generally prohibited within Cardinia Shire under
a separate part of Local Law 17).
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Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
1.2
Open air burning during the declared Fire Danger Period
Open air burning during the declared Fire Danger Period and/or on a day of Total Fire Ban is
restricted under the Country Fire Authority Act 1958.
Cardinia Shire Council does not issue permits to burn during the Fire Danger Period.
However, any individual intending to undertake open air burning during the declared Fire
Danger Period may apply to the CFA for a specific permit to do so.
For further information on open air burning during the Fire Danger Period, please contact the
CFA on 03 9262 8444 or visit http://www.cfa.vic.gov.au
1.3
Alternative methods of fuel reduction
Cardinia Shire Council encourages open air burning to be used only as a last resort for fuel
reduction purposes. Residents are strongly encouraged to consider alternative green waste
disposal methods such as –

Green and hard waste kerbside collection.

Composting and mulching of materials.

The use of transfer stations.
For more information on alternative green waste disposal methods, please visit
http://www.cardinia.vic.gov.au or call Council on 1300 787 624.
1.4
Complaints about fires and enforcement of this policy
Where a fire in the open air which is contrary to this Policy has been identified (which is
typically by a complaint to Council), investigation by an Authorised Officer of Council will take
place.
Where an exemption has not been provided by Council (see Section 2.1), it is an offence if
open air burning is undertaken contrary to any of the –

General requirements (see Section 2.2).

Zone 1 requirements (see Section 2.3) on land in Zone 1 of the Open Air Burning
Zones.

Zone 2 requirements (see Section 2.4) on land in Zone 2 of the Open Air Burning
Zones.

Zone 3 requirements (see Section 2.5) on land not in either Zone 1 or Zone 2 of the
Open Air Burning Zones.
The maximum penalty for each offence is 20 penalty units.
For more information on enforcement or to report a fire suspected to be contrary to this
policy, please visit http://www.cardinia.vic.gov.au or call Council on 1300 787 624.
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Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
2
Open air burning within Cardinia Shire
The General requirements (see Section 2.2) apply to all open air burning within Cardinia
Shire.
Additional requirements or restrictions may apply where a property is within any of the three
Open Air Burning Zones (see Sections 2.3, 2.4 & 2.5).
Maps showing the locations of each Open Air Burning Zones are included in Appendix 1. It
should be noted that any area not identified as being either in Zone 1 or Zone 2 shall be
interpreted as being within Zone 3.
Where a proposed fire in the open air does not meet either the General requirements (see
Section 2.2) or a requirement of the relevant Open Air Burning Zones (see Sections 2.3, 2.4
& 2.5), Council may issue an exemption to this policy (or an aspect thereof) subject to an
application being made to Councils Open Air Burning Register (see Section 2.1).
2.1
Open Air Burning Register
The Open Air Burning Register is a database of each exemption to this policy that may have
been issued by Council from time to time. i.e. it records instances of proposed open air
burning that does not meet this policy but has been assessed and approved by Council.
As stated in the previous section, where a proposed fire in the open air will not meet either
the General requirements (see Section 2.2) or a requirement of the relevant Open Air
Burning Zone (see Sections 2.3, 2.4 & 2.5), Council may issue an exemption to this policy (or
an aspect thereof) subject to an application being made to Councils Open Air Burning
Register.
Each application to Councils Open Air Burning Register –

Is free.

Will be assessed promptly based on its merits.

If approved, will typically last for 7 – 28 days depending on the particulars.
A checklist for applications to the Open Air Burning Register is included in Appendix 4.
To lodge an application or for more information on Council’s Open Air Burning Register,
please visit http://www.cardinia.vic.gov.au or call Council on 1300 787 624.
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Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
2.2
General requirements
In all areas of Cardinia Shire –

Fire in the open air must not be dangerous to health, unreasonably offensive or
reduce visibility on any road.

No open air burning is permitted on any public land (including nature strips and road
reserves) without the permission from the relevant public land manager.

Open air burning is prohibited outside of daylight hours.

Open air burning is prohibited on any EPA declared Smog Alert days (as advised by
Bureau of Meteorology - check websites and/or listen to local radio).

Open air burning is prohibited for business or commercial purposes.

Open air burning is prohibited when wind speeds exceed 20 kmph or when
temperatures exceed 32 degrees Celsius.

Any fire in the open air must be supervised at all times by at least one person over
the age of 18.

A sufficient water source must be readily available on the property to extinguish or
control the fire where required.

Prior to any open air burning commencing, notification must be given to the
Emergency Services Telecommunication Authority by phoning 1800 668 511.

A maximum of 2 fires are able to be lit and remain alight at any time on a single
property (where open air burning is otherwise permitted by this policy).

Prior to any fire in the open air being lit, a fire break of at least 3 metres must be
implemented and maintained around and above the material to be burnt (where
open air burning is otherwise permitted by this policy).

Open air burning must not be used to dispose of household waste, cardboard,
treated timbers, paints, oils, plastics, tyres, fibreglass or other materials which may
be offensive.

Fire in the open air must be extinguished if requested by an Authorised Officer of
Council, a member of the CFA or an officer of Victoria Police.
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Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
2.3
Zone 1 requirements
In addition to all the General requirements (see section 2.2), no open air burning is permitted
on any land within Zone 1 of the Open Air Burning Zones (see Appendix 1).
2.4
Zone 2 requirements
In addition to all the General requirements (see section 2.2) and on any land within Zone 2 of
the Open Air Burning Zones (see Appendix 1) –
2.5

Open air burning is only permitted on Thursday, Friday or Saturday. However, this
does not apply from October 1st to the start of the Fire Danger Period or December
31st if no Fire Danger Period is declared. During that period open air burning may
also occur on Monday, Tuesday and Wednesday.

Any fire in the open air must be at least 10 metres away from any dwelling or
structure on any land.

The maximum pile size which can be burnt must not exceed 1 cubic metre (1 m x 1 m
x 1 m). Additional materials may be added while the fire is lit but the fire cannot
exceed this size.
Zone 3 requirements
In addition to all the General requirements (see section 2.2) and on any land not within Zone
1 or 2 of the Open Air Burning Zones (see Appendix 1) –

Any fire in the open air must be at least 20 metres away from any dwelling or
structure on any land.

The maximum pile size which can be burnt must not exceed 8 cubic metres (2 m x 2
m x 2 m). Additional materials may be added while the fire is lit but the fire cannot
exceed this size.
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Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Appendix 1 – Maps of Cardinia Shire Council’s Open Air Burning Zones
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Appendix 2 – Open Air Burning Zones mapping process
The flowchart below shows the mapping process for the Open Air Burning Zones within Cardinia
Shire Council. Prior to the finalisation of each zone, a manual check of the automated mapping
process is done to check for obvious anomalies in the mapping process. It should be noted this
process is provided for information purposes only and the actual Open Air Burning Zones (see
Appendix 1) themselves form the basis for this policy.
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Appendix 3 – Zone 1 annual Open Air Burn Registration
Owners of large properties within Zone 1 of the Open Air Burning Zones (see Appendix 1) may be
issued with an annual open air burn registration in April each year.
This will effectively allow Zone 2 requirements in lieu of Zone 1 requirements for those properties.
Exemptions will be –

Largely automatic and no application is required to be made to Councils Open Air Burning
Register. i.e. property owners will be contacted if eligible.

Issued annually in writing to the registered ratepayer of the property.

Registered on Council’s mapping systems

Registered on Council’s Open Air Burning Register.
The process for determining the eligibility for annual registration is shown in the flowchart on the
following page. It should be noted that this process is provided for information purposes only and it is
the actual exemption document (if issued by Council) that provides the actual exemption.
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Cardinia Shire Council’s ‘Open air burning policy’ – Version 4
Appendix 4 – Checklist for applications to the Open Air Burning Register
Where a proposed fire in the open air will not meet either the General requirements (see Section
2.2) or a requirement of the relevant Open Air Burning Zone (see Sections 2.3, 2.4 & 2.5), Council
may issue an exemption to this policy (or part thereof) subject to an application being made to
Councils Open Air Burning Register (see Section 2.1). To lodge an application, the following needs to
be considered –
1. Will the proposed fire in the open air meet all of the General requirements (see Section 2.2)?
□
Yes
□
No
2. What Open Air Burning Zone is your land in (see Appendix 1)?
□
□
Zone 1
Zone 2
□
Zone 3
3. Will the proposed fire in the open air meet all of the requirements for the relevant Open Air
Burning Zone (see Sections 2.3, 2.4 or 2.5)?
□
Yes
□
No
Guidance note –
If you have answered ‘Yes’ to questions 1 and 3 above, an application to the Open Air Burning
Register is not required. You do not need to continue with the questions below.
4. Are there alternatives to using fire to dispose of the material or is the purpose of the fire not
for fuel reduction?
□
Yes
□
No
Guidance note –
If you have answered ‘Yes’ above, an exemption is unlikely to be issued if an application is lodged to
the Open Air Burning Register.
5. Are you able to provide a photograph of the material to be burnt or is an Authorised Officer of
Council able to inspect the material?
□
Yes
□
No
Guidance note –
If you have answered ‘No’ to questions 5, Council will be unable to issue an exemption to the Open Air
Burning Register. Without being able to see the particulars of the material proposed to be burnt, we
are unable to assess the risks associated with the proposed fire.