Open air burning

Pyrenees Shire General Local Law 2019
3.7 OPEN AIR BURNING

(1) A person must not, without a permit, burn or cause or allow to burn any material in the open air.

(2) Subclause (1) does not apply to:
     (a) land in the Rural Living, Rural Conservation and Farming Zones where the location of the fire is not less than 100 metres from land not in the same ownership unless: i. the material being burnt is a windrow/heap larger than 3m2 or crop stubble;
     (b) barbeque, pizza oven or other properly constructed appliance while it is being used for cooking food;
     (c) fire in a chimenea, fire pit or other similar and properly constructed appliance while being used for heating; 15

(3) Nothing in subclause (1) and (2) permits a person to light a fire or allow a fire to continue to burn during a Fire Danger Period unless otherwise permitted by the Country Fire Authority.

(4) A person responsible for burning or lighting a fire on any land in the open air must ensure that:
     (a) it does not offend or cause a nuisance to another person in the vicinity or beyond the property boundary; and
     (b) Country Fire Authority have been notified.

(5) A person who has lit or allowed a fire to remain alight contrary to the provisions in this section or any condition contained in a permit must extinguish the fire immediately on being directed to do so by:
     (a) an Authorised Officer; or
     (b) a member of Victoria Police or the Country Fire Authority.

In determining whether to issue a permit, Council will require a minimum 100m setback from any neighbouring properties and will consider the volume of the material being burnt.

Infringement Notice: 3 penalty units Court penalty: 15 penalty units