City of Stonnington
PO Box 21
PRAHRAN VIC 3181
Telephone: 03 8290 1333
Facsimile: 03 9521 2255
Burning Off, Incinerators and B.B.Q’s.
Can I burn off?
Within the municipality of the City of Stonnington, the use of incinerators and the lighting of fires (other
than in a properly constructed barbecue for the purpose of cooking food for human consumption.) is
prohibited.
Persons authorised by a public body engaged in fire protection measures are exempt.
Stonnington Council’s General Local Law 1995 (No.1) provides an offence for a person who allows to be
lit or remain alight any fire in an incinerator or in the open air. The Local Law is designed to prohibit and
regulate activities, which may affect urban character and local amenity.
Can I get a Permit to burn off?
Yes you can apply for a permit to burn off. You will have to complete an application form and there may
be a fee payable if the permit is issued. You must satisfy the …. Officer that you have a good reason to
burn off and that there is no other practicable option available to you, before the officer will consider
issuing a permit.
Do Permits have Conditions?
Burning off permits has strict conditions in relation to how, when and where burning off can take place.
Any breach of these conditions is an offence.
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.
How do I report illegal Burning Off?
If you see or suspect illegal burning off during the Fire Danger Period you should report it to the Police
by telephoning 000.
If you see or suspect illegal burning off during any other time of the year or the use of incinerators you
should report it to Council on 8290 1333
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 $5000 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 of up to $2000.
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.
Where can I get advice?
Should you want any advice regarding burning off please call Council’s Compliance and Response
branch on 8290 1333
Council Health Department
Environment Protection Authority
8290 1333
9628 5622
How do I make a complaint?
Complaints can be made in writing (address above), by e-mail (council@stonnington.vic.gov.au) or by
phone (see above) to Council’s Compliance and Response Branch
Council Local Laws officers may attend after hours, including weekends, to investigate. You can
contact Council’s after hours service on 9625 5312.
NB;
This fact sheet is intended as a general guide only. It is not intended to be and should not be relied upon
as a substitute for professional legal advice. You should refer to the Country Fire Authority Act 1958,
Summary Offences Act 1966, and Stonnington City Council General Local Law 1995 (NO.1) for a full
description of the law relating to burning off.