Information sheet
City Compliance
Open Air Burning
PO Box 70, Sunshine, 3020
Keilor Office
704B Old Calder Highway
Keilor Victoria 3036
T 9249 4000
F 9249 4351
W brimbank.vic.gov.au
General Local Law 2008
Attached is a copy of the information relating to obtaining a permit for Open Air Burning.
Before your application can be processed you must provide Council with the following:
1. Completed application form
2. Payment of the appropriate permit fee
Please return the above information to:
City Compliance
Brimbank City Council
PO Box 70
SUNSHINE 3020.
If you require additional information please contact the City Compliance Department on 9249 4826.
Brimbank City Council
July 2015 Rev C
12/50598 REC.LAW.002.3
Page 1 of 5
Guidelines
Open Air Burning
City Compliance
PO Box 70, Sunshine, 3020
Keilor Office
704B Old Calder Highway
Keilor Victoria 3036
T 9249 4000
F 9249 4351
W brimbank.vic.gov.au
General Local Law 2008
In accordance with the Brimbank City Council General Local Law 2008, Clause 10, the following
guidelines are considered in determining conditions and issuing permits relating to open air burning.
“Fire Hazard” means any material which represents a serious risk of fire by being easily ignitable or
difficult to extinguish and/or by virtue of its position if ignited would be likely to present a threat to
life, property or other assets.
“Farming Area” means premises:
a.
b.
Which are:
i.
Zoned General Farming ‘A’ or General Farming ‘B’ under the Brimbank Planning
Scheme; and
ii.
Actually used for agriculture purposes; or
In relation to which a farm rate applies under the Local Government Act 1989
“Open Air” means any place other than in a permanent structure or an incinerator
1. Guideline objectives
a.
To ensure the safety of the public is maintained whilst a fire is burning in the open air
b.
To minimise air pollution from smoke whilst a fire is burning in the open
c.
To provide an environment throughout the municipality that minimises the risk of fire being
generated from any premises
d.
To place a high priority on the visual amenity of the municipality by maintaining vacant
premises in a neat and tidy condition
e.
To ensure land owners take full responsibility for maintenance of their own land
2. Application procedure for permits to burn
Applications shall be made on the application form associated with this document and all details on
the form must be completed.
3. Guidelines for open air burning
a.
A person must not light a fire or allow a fire to be lit or remain alight in the open air unless
he or she is a member of the staff of, or a person authorised by, a public authority and is
lawfully engaged in an activity for or on behalf of that authority
b.
Council may issue a permit to light a fire or allow a fire to be lit or remain alight in the open
air
i.
If that person proposes to sponsor, hold or organise a commemorative event
ii.
For reasons of medical necessity
iii.
Where no other means exist to eradicate noxious weeds, or a fire hazard
iv.
For agricultural purposes in a farming area
Brimbank City Council
July 2015 Rev C
12/50598 REC.LAW.002.3
Page 2 of 5
c.
The following conditions apply:
1. The person performing the burning operation to which the permit relates must be
in possession of the permit or a true copy of it
2. The fire must be at all times be supervised by an adult person
3. Notice of intention to conduct a burning operation must be given between 2 and
24 hours before the burning is to commence:
i.
to each owner or occupier of land contiguous to the area to be burned; and
ii. to the officer in charge of the local fire brigade in whose area the burning is to
take place, and permission must is granted
4. That the EPA is notified and permission is obtained
5. That Council’s City Compliance Department be notified on 9249 4000 prior to all
burning
6. The burning of the specified material must not cause a nuisance or any condition
liable to be injurious or prejudicial to human health or offensive
7. That the day specified above has not been declared by the Environmental
Protection Authority as a smog alert day
8. That the day specified above has not been declared a day of Total Fire Ban by the
Country Fire Authority
9. If applicable, before commencing a burning operation, a fire break must be
prepared around the perimeter of the area to be burned which is:
i.
not less than 1.5 metres and not more than 3 metres wide and cleared of all
flammable materials; OR
ii. not less than 1.5 metres and not more than 3 metres wide and thoroughly
wetted down whilst the fire is within 3 metres of the wetted area
10.Burning off must not commence before 8.00 am and cease by 6.00 pm
11.Every reasonable precaution must be taken that only the materials specified in this
permit is burned. Any other material catching alight must be extinguished
immediately
12.Until all fires lit under this permit have been completely extinguished:
i.
the perimeter of the burning area must be continuously patrolled; and
ii. an adequate number of adults and adequate fire suppression equipment or
appliances must be present
13.If in the vicinity of the area to be burned the shade temperature exceeds 32
degrees celsius or the average wind speed exceeds 15 kilometres per hour:
i.
burning operations must not be commenced; or
ii. if burning operations have commenced all fires must be extinguished as soon
as possible
14.That the burn is confined to areas designated only as shown on attached plan (if
supplied or requested)
15.That any lawful direction given by a Police Officer, Melbourne Fire Brigade or an
Authorised Officer of Council be readily accepted
16.The fee of $120.00 has been paid
Brimbank City Council
July 2015 Rev C
REC.LAW.002.11
Page 3 of 5
4. Permit for open air burning
a.
On assessment of all the criteria specified in this document Council shall:
•
Issue a permit which may include various conditions which are required to be
adhered to, or
•
Refuse the application
b.
The holder of any permit shall at all times ensure that the conditions of the permit are
adhered to at all times
c.
All permits issued are only valid for the days and times shown on the permit
5. Permit fee for open air burning
$120.00 Permit Fee
6. Penalties
Any proven contravention of any condition of the permit could result in an on the spot fine being
issued.
Brimbank City Council
July 2015 Rev C
REC.LAW.002.11
Page 4 of 5
Permit application
Permit to Burn
City Compliance
PO Box 70, Sunshine, 3020
Keilor Office
704B Old Calder Highway
Keilor Victoria 3036
T 9249 4000
F 9249 4351
W brimbank.vic.gov.au
Applicant details
Name of applicant:
Address:
Suburb:
Postcode:
Telephone:
Email:
I wish to apply for a permit to burn:
(insert type of material, eg grass, stubble, bon fire, etc.)
for the following reasons:
•
To sponsor, hold or organise a commemorative event
•
For reasons of medical necessity
•
No other means exist to eradicate noxious weeds, or a fire hazard
•
For agricultural purposes in a farming area
at:
(insert location of proposed burn)
on:
(insert date of proposed open air burning),
(insert times of proposed open air burning)
Note: If possible or requested provide a sketch plan showing location of fire etc.
I have enclosed payment of the $120.00 fee
Signature of applicant:
Note:
Date:
This application must be submitted at least 10 workings days prior to the commencement
of burning.
Office Use Only:
Area inspected by:
on
All necessary safety equipment in working order.
Yes
No
ABN 35 915 117 478
Cost Code GL 962
Privacy Collection Statement
Personal information collected on this form is to assist Council staff to process and assess a permit application for open air burning and will be used solely for that
purpose. Personal information will not be disclosed to any other person unless required by law, except for the property address which may be disclosed upon request.
You may apply for access and/or amendment to your personal information by contacting Council’s City Compliance Department.
Brimbank City Council
July 2015 Rev C
REC.LAW.002.11
Page 5 of 5