Cardinia Shire Council
Open Air Burning Policy
December 2013
Open Air Burning Policy
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December 2013
TABLE OF CONTENTS
OPEN AIR BURNING POLICY ........................................................................................ 1
1
VERSION CONTROL – AMENDMENTS............................................................... 4
1.1
Authorising environment.................................................................................................................. 4
2
INTRODUCTION ...................................................................................................... 5
2.1
CFA Act 1958..................................................................................................................................... 6
2.2
Cardinia Shire Council Local Law 10.............................................................................................. 6
2.3
EPA Act 1970 .................................................................................................................................... 6
2.4
Local Government Act 1989 ........................................................................................................... 6
2.5
Summary Offences Act 1966 ........................................................................................................... 6
3
COUNTRY FIRE AUTHORITY (CFA) RESTRICTIONS FOR VICTORIA .........6
4
BURNING OFF ZONES ............................................................................................ 7
4.1
Burning zone classification process ................................................................................................ 8
5
EXEMPTIONS ...........................................................................................................9
5.1
General ................................................................................................................................................ 9
5.2
Annual exemptions for specific properties located in zone 1: urban growth boundary areas9
5.3
Public Land Management ................................................................................................................. 9
6
BURNS REGISTER .................................................................................................. 10
6.1
Burns register process ..................................................................................................................... 10
7
PERMITS TO BURN DURING THE DECLARED FIRE DANGER PERIOD . 11
7.1
Individuals ......................................................................................................................................... 11
7.2
CFA Brigades ................................................................................................................................... 11
8
GENERAL REQUIREMENTS ............................................................................... 12
8.1
Burning off notification .................................................................................................................. 12
APPENDIX 1 – LEGISLATION DETAIL........................................................................ 13
APPENDIX 2 – BURNING ZONE REQUIREMENTS ................................................. 14
REQUIREMENTS FOR ZONE 1..................................................................................... 14
REQUIREMENTS FOR ZONE 2 .................................................................................... 14
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REQUIREMENTS FOR ZONE 3 .................................................................................... 16
APPENDIX 3 – INSPECTION AND INFRINGEMENT PROCEDURE .................... 18
Table of figures
Figure 1: Burning zone classification process. ............................................................................................................... 8
Figure 2: Burns register process ..................................................................................................................................... 10
Figure 3: Fire break requirements for burning off in zone 2. .................................................................................... 14
Figure 4: Procedure for inspections and infringements. ............................................................................................. 18
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1 VERSION CONTROL – AMENDMENTS
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
1.1
Authorising environment
The preparation of this document has involved internal consultation with key staff, including Cardinia Shire
Council Senior Management Team and external consultation with key agency stakeholders and the
community.
The policy has been endorsed by the Chief Executive Officer and the Mayor.
Garry McQuillan
Chief Executive Officer
Cardinia Shire Council
Graeme Moore
Mayor
Cardinia Shire Council
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2 INTRODUCTION
Cardinia Shire Council recognises the importance of burning off for legitimate fuel reduction purposes as a
means of making properties safer from the risk of fire year round.
This policy aims to ensure that effective management of open air burning in Cardinia Shire is recognised as a
shared responsibility between householders, communities, agencies and local government. While responsibility
is shared, individuals and households will continue to have specific responsibility for taking action to mitigate
their own risks.
It is acknowledged that throughout the municipality people and communities will differ in terms of their
values, risks, assets and capacities to undertake Open Air Burning. Priorities will also differ between
individuals and communities, including competing and/or inter-related values relating to environmental, social
and economic considerations.
Although these values will continue to differ, Cardinia Shire Council’s Open Air Burning Policy is based on a
risk management approach where the primacy of life and the mitigation of the risk associated with Open Air
Burning is paramount and hence the main driver for this policy.
This policy is aligned with applicable legislation and government policies and procedures, and
specifically defines:
 acceptable practices for burning off in the open air within Cardinia Shire
 procedures in place for the assurance of public safety, including enforcement authority
 burns register requirements and procedure
 permit to burn requirements for burning off during the declared Fire Danger Period.
Cardinia Shire Council encourages residents to undertake burning off for fire prevention measures as a last
resort. Alternative fuel reduction methods are to be primarily undertaken. This policy should be read in
conjunction with the Burning Off in Cardinia Shire: A guide for the local community.
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Legislative requirement
This policy is written in line with the requirements set out in the following legislative documents:
2.1 CFA Act 1958

Sections 37, 38 , 39, 40 and 48
*See Appendix 1 for detail of specific Sections of the CFA Act 1958.
2.2 Cardinia Shire Council Local Law 10

Part 24, Sections 70, 71 and 72
Section 70 specifies that ‘a person must not light or cause or allow to be lit or remain alight any fire in the
open air on any land, property or public land or on any ground within the Municipal district contrary to any
policy approved from time to time by Council or without the consent of an authorised officer of Council’.
Section 71 specifies that ‘a person must not light or allow to be lit a fire in an incinerator’.
NB: an incinerator is defined as any enclosed vessel/structure used for the purpose of burning off any
material type which produces smoke that is released into the atmosphere.
Section 72 specifies that ‘an exemption applies to any fire lit by an Officer of the Country Fire Authority in
the course of his or her duty’.
2.3 EPA Act 1970

Sections 31A, 31B, 40, 41, 42 and 59E
*See Appendix 1 for detail of specific sections of the EPA Act 1970.
2.4 Local Government Act 1989

Part 5 – Local Laws
2.5 Summary Offences Act 1966

Section 11 – Lighting of fires in the open air
3 COUNTRY FIRE AUTHORITY (CFA) RESTRICTIONS
FOR VICTORIA
The following restrictions apply to all zones in Cardinia Shire:

No lighting of fires without a permit during the CFA declared fire danger period.

 The fire danger period is determined by the Fire Services Commissioner. Once declared, this
information is available on both Council and CFA websites and communicated on local radio
No lighting of fires on CFA declared total fire ban days.
 Total fire ban days are determined by the CFA. Once declared, this information is available on
Council, CFA and the Bureau of Meteorology websites, on local television and radio news updates.
Further details on requirements for the above mentioned specific permits are provided in Section 7 of
this policy.
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4 BURNING OFF ZONES
Burning off requirements are categorised into three zones within Cardinia Shire. Maps detailing these defined
zones for open air burning are accessible to the community via searching the community compass mapping
tool on Council’s website at www.cardinia.vic.gov.au.
These zones have been prepared on the basis of population density and in line with current legislation and
State policy relating to emergency management. They are applied using the following considerations and
overlays:

Urban Growth Boundary

Residential, business and industrial planning zones

Bushfire management overlay

Victorian Fire Risk Register classifications.
Information relating to the process used to identify zones is detailed in Section 4.1 of this policy.
Three zones are defined for Cardinia Shire, with specific restrictions applying to each, as follows:
Zone 1:
No open air burning is permitted for properties less than 1 hectare in size, (this includes all
commercial and industrial property – regardless of size)
Properties greater than 1 hectare in size must obtain confirmation and approval via the
Burns register (see Section 6) prior to undertaking open air burning activities.
Any open air burning undertaken on properties greater than 1 hectare during the gazetted
restriction times (refer to sections 3 and 7 of this policy) will require a permit to burn from Cardinia
Shire Council (see sections 3 and 7 of this policy for permit procedures).
Agricultural properties located within both Zone 1 and the Urban Growth Boundary may
qualify for an annual exemption from Zone 1 restrictions (see Section 5 for further detail).
Open air burning in this zone may only be undertaken in accordance with Section 8 and
Appendix 2 of this policy and the Cardinia Shire Council’s Burning Off in Cardinia Shire: A guide
for the local community.
Zone 2:
Open air burning for fuel reduction and/or fire prevention purposes is permitted on
Thursday, Friday and Saturday during daylight hours.
Any requirement to burn outside of these defined times will require confirmation via the
burns register (see Section 6). This excludes defined gazetted restriction times (refer to Sections 3
and 7 of this policy).
Any open air burning undertaken during the gazetted restriction times (refer to Sections 3 and 7 of
this policy) will require a permit to burn from Cardinia Shire Council (see Sections 3 and 7 of this
policy for permit procedures).
Open air burning in this zone may only be undertaken in accordance with Section 8 and
Appendix 2 of this policy and the Cardinia Shire Council’s Burning Off in Cardinia Shire: A guide
for the local community.
Zone 3:
Open air burning for fuel reduction, fire prevention and/or agricultural purposes is permitted
any day, except Sunday, during daylight hours.
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Any requirement to burn outside of these defined times will require confirmation via the
burns register (see Section 6). This excludes defined gazetted restriction times (refer to Sections 3
and 7 of this policy).
Any open air burning undertaken during the gazetted restriction times (refer to Sections 3 and 7of
this policy) will require a permit to burn from Cardinia Shire Council (see Sections 3 and 7of this
policy for permit procedures).
Open air burning in this zone may only be undertaken in accordance with Section 8 and
Appendix 2 of this policy and Cardinia Shire Council’s Burning Off in Cardinia Shire: A guide for the
local community.
4.1 Burning zone classification process
Figure 1: Burning zone classification process.
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5 EXEMPTIONS
5.1 General
This policy does not apply to the following:

Fires lit in the course of duty by a staff member of Cardinia Shire Council, or an officer or member of the
Country Fire Authority and/or Department of Environment and Primary Industries.

Disease Control Burns – Fires relating to disease control such as the burning of dead stock are not
addressed under this policy. The Cardinia Shire Council’s Environmental Health Unit must be contacted
in relation to the requirements for undertaking such burning activities.

Linear Fire Burning – Where a rural farming property manager, as part of their farm management
practices, wishes to undertake a linear fire burn, being for the creation of a fire break along their property
boundaries or the removal of crops, grass or stubble, with a slow burn type of operation, the property
manager should ensure that requirements detailed in Section 8 are implemented and must ensure that and
the Emergency Services Telecommunication Authority (ESTA) is notified by phoning 1800 668 511.

Agricultural Land Management Requirements – Where a rural farming property manager, as part of their
farm management practices, has a requirement to undertake open air burning as part of these general land
management practices, for example burning off fallen cypress trees, the property manager should ensure
that requirements detailed in Section 8 are implemented and must ensure that and the Emergency Services
Telecommunication Authority (ESTA) is notified by phoning 1800 668 511.
5.2 Annual exemptions for specific properties located in zone 1: urban growth
boundary areas
An annual exemption will be issued by Council for all properties occurring with Zone 1 areas that occur
within the Urban Growth Boundary that meet the following criteria:

Properties identified as “Farmland” in accordance with the Valuation of Land Act (1960) and subject to
Cardinia Shire’s Agricultural Land Rate, and

Properties are not identified for residential redevelopment under updates to the Urban Growth Boundary
and/or Plan Melbourne in the impending 12 month period.
Annual exemptions will be processed by Council based on the above criteria.
Exemptions will be:

Issued in writing, annually in advance, to the registered rate payer of the property

Registered on Councils mapping systems

Registered on an internal exemptions database.
5.3 Public Land Management
The Department of Environment and Primary Industries and other fire agencies may conduct planned burns
throughout the year, including during the declared Fire Danger Period. These burns are referred to as
prescribed burns and are conducted under specific permits. These prescribed burns are conducted to meet
legislated requirements defined by State government.
Council’s open air burning policy does not have any jurisdiction over these prescribed burns.
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6 BURNS REGISTER
Intentions to burn must be registered via the Burns Register in all zones when:


A burn is planned to be conducted during days and/or times outside the defined allowances specified for
that Zone (see Section 4 and Appendix 2); and/or
A burn is planned to be conducted outside any the prescribed general requirements as defined in Section 8.
Confirmation of safety via the issue of formal confirmation and approval must be received from Council prior
to any burning off being undertaken.
6.1 Burns register process
Figure 2: Burns register process
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7 PERMITS TO BURN DURING THE DECLARED FIRE
DANGER PERIOD
7.1 Individuals
Burning off in the open air during the declared Fire Danger Period and/or on a day of Total Fire Ban is
prohibited by the CFA Act 1958.
Any individual intending to undertake open air burning during the declared Fire Danger Period may apply to
Council for a specific permit sanctioned under Section 38 (1) of the Country Fire Authority Act (1958) defined
under specific Schedules of the Country Fire Authority Regulations 2004 as detailed below:

Schedule 13 (Regulation 106(1)(b) permit to burn by an individual (not valid on a day of Total Fire Ban) –
for the purposes of allowing specified material to be burnt.

Schedule 14 (Regulation 106(1)(c) permit to light a fire for miscellaneous purposes (not valid on a day of
Total Fire Ban) – for the purposes of permitting a specified individual and/or organisation to light or
cause a fire to be lit for a specified purpose.
For further information relating to applying for one of the above specific permits to burn, please contact
Cardinia Shire Council on 1300 787 624.
7.2 CFA Brigades
A specific permit is required to be obtained from Council by CFA Brigades that are intending to undertake
open air burning activities on land owned, occupied or under the care and management of a person or
organisation located within Cardinia Shire Council.
This applies at all times during the declared fire danger period, and is not valid on a day of total fire ban.
This specific permit is sanctioned under the following defined Schedule of the Country Fire Authority Regulations
2004:

Schedule 12 (Regulation 106(1)(a) permit to burn by a brigade (not valid on a day of total fire ban) – for
the purpose of allowing officers and members of the Fire Brigade to burn specific materials on land
owned, occupied or under the care and management of a person or organisation located within Cardinia
Shire Council.
CFA Brigades requiring a Schedule 12 permit should contact Cardinia Shire Council on 1300 787 624.
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8 GENERAL REQUIREMENTS

No lighting of fires on Sundays.

No lighting of fires on EPA declared Smog Alert days (as advised by Bureau of Meteorology -check
websites and/or listen to local radio).

Burning off is permitted for fuel reduction purposes only.

Never burn off when the wind speed is more than 20km/hr and/or as specified in the CFA Act 1958.

Never burn off when the shade temperature exceeds or is predicted to exceed 32 degrees Celsius.

A fire must be supervised at all times by an adult who has the capacity and means to extinguish it.

Adequate water supply must be available to ensure the fire can either be extinguished (preferably) or
controlled when required.

A fire must not cause nuisance through excessive smoke outside of a property or create a hazard on a
road.

Burning of wet and/or green vegetation and other materials that cause excessive smoke is not
recommended.

Burning of all household and hard waste materials is strictly prohibited.

Pile size restrictions apply to declared burning zones (see Appendix 2 of this policy).

General restrictions also apply to all burning zones declared within Cardinia Shire (See Section 4 and
Appendix 2 of this policy).

Burning off should be undertaken in accordance with Cardinia Shire Council’s Burning Off in Cardinia Shire:
A guide for the local community, which provides detailed information and guidance for residents on acceptable
burning off practices.
8.1 Burning off notification
All burning off and/or intentions to burn off must be notified to the Emergency Services
Telecommunication Authority (ESTA) by one of the following methods:
Phone: 1800 668 511
Email: burnoffs@esta.vic.gov.au
Fax: 1300 674 428
Further information is available at http://www.cfa.vic.gov.au/contact/register-your-burn-off/
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APPENDIX 1 – LEGISLATION DETAIL
CFA Act 1958
Section 37 – General prohibition against lighting open air fires
Section 38 – Lighting fires in accordance with permit
Section 38A – Fires for certain purposes to be lawful
Section 39 – Prohibited actions near fires
Section 39A – Causing fire in country area in extreme conditions of weather etc. an offence
Section 39B – Defences
Section 39C – Causing fire in a country area with intent to cause damage etc. an indictable offence
Section 39D – Application
Section 39E – Prohibition of high fire risk activities
Section 40 – Provisions about total fire bans
Section 48 – Failure to comply with a direction to extinguish a fire.
Environment Protection Act 1970
Section 40 – Discharges etc. to comply with policy
Section41 – Pollution of atmosphere
Section 42 – Particular offence
Section59E – Offence of aggravated pollution
Section 31A – Pollution abatement notice
Section 31B – Minor works pollution abatement notice.
Local Law 10 – Cardinia Shire Council
Section 70 – Open Air Burning
Section 71 - Incinerators
Section 72 – Exemptions apply to Council Officers
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Appendix 2 – Burning zone requirements
REQUIREMENTS FOR ZONE 1
No open air burning is permitted for all properties less than 1 hectare in area. This includes all commercial
and industrial property.
Properties greater than 1 hectare within a Zone 1 intending to undertake open air burning will require
confirmation and approval via the Burns Register at all times, other than during times of gazetted restriction.
During the declared Fire Danger Period, a Permit to Burn will be required from Cardinia Shire Council.
Agricultural properties located within both Zone 1 and the Urban Growth Boundary may qualify for an
annual exemption from Zone 1 restrictions.
REQUIREMENTS FOR ZONE 2
These restrictions apply to all open air burning on private land in Zone 2 at all times, other than during
gazetted restriction times.
Any open air burning undertaken outside of the below specified requirements (not occurring during gazetted
restriction times) will require confirmation and approval via the burns register.
Any open air burning undertaken during the defined gazetted restriction times will require a permit to burn
from Cardinia Shire Council.
1. Burning must be for fire prevention/fuel reduction purposes only.
2. Burning off is permitted on Thursday, Friday and Saturday during daylight hours.
3. A fire must be, at a minimum 10 metres away from any neighbouring dwelling.
4. Prior to the commencement of burning operations, a fire break must be prepared around the perimeter of
the area materials are planned to be burned. This fire break must have a circumference of at least three
metres; that is, around and above the area and material planned to be burned. This will ensure an effective
fire break from all surrounding flammable materials.
Figure 3: Fire break requirements for burning off in zone 2.
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5. Burning off is not permitted when the following conditions occur at the location and/or in the immediate
vicinity of the location where a burn is planned to be undertaken:
 The shade temperature exceeds or is predicted to exceed 32 degrees Celsius
 The average wind speed is; or is predicted to be; equal to or in excess of 20km/hr and/or as specified
in the CFA Act 1958.
If the above conditions prevail or are predicted:
 Burning operations must not be commenced; and
 In the event that burning operations have commenced and weather conditions change unexpectedly
meeting the above defined conditions, all fires must be extinguished immediately.
6. Pile Fire Burning – The maximum pile size permitted to be burned is a total volume of 1 metre high by
1 metre wide by 1 metre long which equates to 1 m3 (cubic metre). Additional materials may be added to
the fire while it is burning, but the fire cannot, at any time, exceed these defined size restrictions
(excluding flame height).
7. Only 3 m3 (cubic metres) of material is permitted to be burning on a property at any one time; that is, a
maximum of 3 individual fires are allowed.
8. Disease Control Burns – Fires relating to disease control such as the burning of dead stock are not
addressed under this policy. The Cardinia Shire Council Environmental Health Unit must be contacted
in relation to the requirements for undertaking such burning activities.
9. It is prohibited to burn the following materials:
 rubber or plastic material
 petroleum, oil or hydrocarbon based substances
 paint or receptacles that contained paint
 manufactured chemicals
 food wastes
 wet and/or green vegetation and other materials that cause excessive smoke
 any other offensive; odour causing; or noxious substances
 any other material as determined by Cardinia Shire Council from time to time.
10. All fires, until completely extinguished, must:
 Be continuously patrolled; that is, the entire perimeter of the burning area
 At all times, be supervised by an adult who has the capacity and means to extinguish them.
11. Annually from 1 October until the Fire Danger Period is declared, all properties in Zone 2 will be
permitted to undertake open air burning Monday to Saturday during daylight hours; in line with all
general restrictions specified for Zone 2.
When burning off, Council encourages the implementation of methods that minimise impacts of smoke on air
quality. This can usually be achieved by burning when materials are dry and the prevailing wind direction will
not cause smoke to blow towards towns and/or residential areas.
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REQUIREMENTS FOR ZONE 3
These restrictions apply to all open air burning on private land in Zone 3 at all times, other than during
gazetted restriction times.
Any open air burning undertaken during the defined gazetted restriction times will require a Permit to Burn
from Cardinia Shire Council.
1. Burning off must be for fire prevention, fuel reduction and/or agricultural purposes only.
2. Burning off can be undertaken on any day, except Sunday, during daylight hours.
3. No burning is permitted on Sundays or after sunset.
4. A fire must be, at a minimum, more than 20 metres away from any neighbouring dwelling.
5. Burning off is not permitted when the following conditions occur at the location and/or in the immediate
vicinity of the location where a burn is planned to be undertaken:
 the shade temperature exceeds or is predicted to exceed 32 degrees Celsius
 the average wind speed is; or is predicted to be; equal to or in excess of 20km/hr and/or as specified
in the CFA Act 1958.
If the above conditions prevail or are predicted:
 Burning operations must not be commenced and
 In the event that burning operations have commenced and weather conditions change unexpectedly
meeting the above defined conditions, all fires must be extinguished immediately.
6. Pile Fire Burning – The maximum pile size permitted to be burned at any one time is a total volume of 2
metres high by 2 metres wide by 2 metres long which equates to 8 m3(cubic metres). Additional
materials may be added to the fire while it is burning, but the fire cannot at any time exceed these defined
size restrictions (excluding flame height).
7. Only 16m3 (cubic metres) of material is allowed to be burning at the one time (this may consist of multiple
smaller fires to a total volume of 16m3).
 Linear Fire Burning – Where a rural farming property manager, as part of their farm management
practices, wishes to undertake a linear fire burn, being for the creation of a fire break along their
property boundaries or the removal of crops, grass or stubble, with a slow burn type of operation, the
property manager should ensure that requirements detailed in Section 9 are implemented and must
ensure that and the Emergency Services Telecommunications Authority (ESTA) is notified by
phoning 1800 668 511.
8. Disease Control Burns – Fires relating to disease control such as the burning of dead stock are not
addressed under this policy. The Cardinia Shire Council Environmental Health Unit must be contacted
in relation to the requirements for undertaking such burning activities.
9. It is prohibited to burn the following materials:
 rubber or plastic material
 petroleum, oil or hydrocarbon based substances
 paint or receptacles that contained paint
 manufactured chemicals
 food wastes
 wet and/or green vegetation and other materials that cause excessive smoke
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 any other offensive; odour causing; or noxious substances
 any other material as determined by Cardinia Shire Council from time to time.
10. All fires, until completely extinguished, must:
 Be continuously patrolled; that is the entire perimeter of the burning area
 At all times, be supervised by an adult who has the capacity and means to extinguish them.
Any person planning to undertake burning activities that may potentially impact on road safety should contact
Vic Roads and/or Council.
When burning off, Council encourages the implementation of methods that minimise impacts of smoke on air
quality. This can usually be achieved by burning when materials are dry and the prevailing wind direction will
not cause smoke to blow towards towns and/or residential areas.
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APPENDIX 3 – INSPECTION AND INFRINGEMENT PROCEDURE
Figure 4: Procedure for inspections and infringements.
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