Lighting fires and open air burning

A person must not light a fire:

• on a road (including a road reserve, footpath or nature strip)
• on Council land
• on Crown land that is vested in or is under the control of Council; or
• in a public place

unless they have obtained Council’s prior written consent. 

33.1 A person who has lit or allowed a fire to remain alight must ensure that:

• the fire is supervised by an adult at all times
• sufficient fire protection equipment is available to extinguish the fire if required or directed
• the material to be burnt is:
  i. dead and dry prior to lighting it
  ii. a specific material designed for the purposes of meal preparation or personal comfort
• at the site of the fire, the wind speed must not exceed 20 kilometres per hour
• the ground and air space within a distance of three metres from the outer perimeters and uppermost point of the fire are clear of flammable material; and
• the land is not vacant.

 33.2 A person must not light a fire on any land:

• when a smog alert has been declared by Environment Protection Authority of Victoria
• when a day of total fire ban has been declared by the Country Fire Authority
• when a fire danger period has been declared under the Country Fire Authority Act 1958 without first obtaining a permit from the Municipal Fire Prevention Officer or the Country Fire Authority
• where the smoke from that fire is excessive, offensive or a nuisance to another person in the vicinity, or beyond the property boundary
• where the fire causes a hazard to a person’s health
• where the fire has an adverse impact on visibility beyond the property boundary, including reducing the visibility of motorists and other users of a public road
• where the fire creates a hazard on, or near, a public road. 

 33.3 A person must not light a fire on land to burn, cause or allow to be burnt any:

• green or wet material
• non timber based building materials
• rubber or plastic, including plastic mulch, plant pots and packaging materials
• furnishings and carpet
• manufactured chemicals
• petroleum or oil products
• paint, including any container in which item is kept
• food waste, manure and straw
• carcasses or dead animals, unless prescribed by the Department of Primary Industries as the only means of disposal
• other offensive, noxious or toxic matter. 

DEFINITION: For the purposes of clause 34, the term ‘Open air burning’ is defined under the Local Law to mean a fire lit in the open air or within an incinerator for the purpose of burning vegetation for fuel control or reduction purposes.

34.1 A person must not conduct open air burning on land having a total area less than or equal to 2,500 square metres.

34.2 The restriction in sub-clause 34.1 does not apply to:

• a barbecue, pizza oven or other properly constructed appliance while it is being used for cooking food
• a fire in a brazier or chimenea while it is being used for heating
• a tool of trade while being used for the purpose for which it was designed
• a fire lit during the course of duty by a member of a fire and emergency services agency
• a fire where the Council has granted a permit because it considers that the specific circumstances of the case enable it to provide an exemption
• a fire lit for the purposes of meal preparation or personal comfort. 

34.3 Where a person wants to burn in the open air under this clause and the requirements in sub-clause 34.4 cannot be complied with, a person must first obtain a permit from Council.

34.4 A person may conduct open air burning on land where the land size is equal to or greater than 2,501 square metres provided that:

• the general burning provisions in clause 33 are complied with
• the land is not vacant
• it is not a Sunday
• no burning, or any fire remains alight in the open air prior to sunrise, or after sunset
• the fire is not within 10 metres of any neighbouring property
• the maximum diameter of any material which is to be burnt is 200mm
• only a single pile is ignited at any time and must be no greater than 2 cubic metres in size
• prior to ignition, the fire has been registered to burn with the Emergency Services Telecommunications Authority
• if the land is located to the West of the Mullum Mullum Creek, the open air burning is only conducted on that land during the months of May, October and November.  

A person who has lit or allowed a fire to remain alight contrary to the provisions in this Part or any condition contained in a permit, must extinguish the fire immediately on being directed to do so by:

• an Authorised Officer, or
• a member of Victoria Police, Country Fire Authority or Fire Rescue Victoria. 

A person who owns or occupies land must not allow any chimney on that land to discharge, ash, smoke or dust to such an extent that it becomes a public nuisance, or is dangerous or is likely to be dangerous to the health and safety of any person or animal, or is harming or likely to be harmful to the environment. 

There has been no change to current laws. On land of this size a fire can only be lit for the purposes of warmth and food preparation.

You must comply with the General Provisions for burning as listed in Clause 33 of the Local Law.

The change to the Local Law means properties that are 2,501 square metres and larger will no longer require a permit for open air burning provided certain conditions are met.

These conditions are contained in Local Law Clause 34.

Please note that the existing provision which applies to properties located to the west of Mullum Mullum Creek still limits open air burning to the months of May, October and November.
As the person lighting the fire you must ensure you comply with ALL the requirements set out in the Local Law in Clause 33 and 34.

You will still need to give notice to ESTA (Emergency Services Telecommunications Authority) prior to the burn on 1800 668 511 (Prevents unnecessary response from fire brigades).

Yes.
You can carry out open air burning but only during the months of May, October and November.

You must also comply with Clause 33 and Clause 34 of the Manningham Community Local Law.

Open Air Burning outside these regulations will require landowners to obtain a permit from Council before burning off.

Yes.

You can light a fire for warmth or to cook on your property. You must comply with the General Provisions for burning as listed in Clause 33 of the Local Law.

No.

You are not permitted to light any fires on Council land, Crown Land or public place without first getting written approval.

See Clause 32 of the Manningham Community Local Law.

Yes.
Make sure you meet all the requirements of Clause 33 and Clause 34 of Manningham Community Local Law.

No.

If you want your fire to burn overnight, you will need to get a Permit to conduct an Open-Air Burn from Council before you begin burning off.

No.

The Community Local Law prohibits open air burning during the fire danger period.

However, the Country Fire Authority (CFA) may issue a Permit under the Country Fire Authority Act.

Yes.

You must put your fire out if Council, a member of Victoria Police, Country Fire Authority (CFA) or Fire Rescue Victoria (FRV) tells you to.

See Clause 35 of the Manningham Community Local Law 2023.

There may be circumstances whereby Council will issue a permit to burn to landowners that cannot comply with the conditions as listed in Clause 34.

Council gives due regard to the following when assessing permit applications: 

• The size of the land 
• That the land is in a designated bushfire risk area 
• That the burn off is strictly for fire prevention purposes only 
• The ability of the landowner to remove the vegetation via more appropriate methods 
• The proximity to neighbouring assets and property and any smoke nuisance 

Contact us to confirm the correct size of your property, so you are aware of the regulations that may apply to your land.

• You can contact Council and we will discuss the application with you. 
• As part of an application an inspection of the burn site and material to be burnt will need to occur. 
• If a permit is issued it will only be issued for prescribed date/s. 
• Where the permit is for vacant land, a fee is required to be paid prior to a permit being issued. 
• Please allow up to 10 business days for any application to be processed. Note that a longer period may be required should further information be required. 

If you are unable to meet the requirements of this clause, you will need to apply for a Permit to Burn from Manningham Council.

You will need to tell us why you can’t comply with Clause 34 of the Manningham Community Local Law 2023.

Your permit application will be assessed by an officer, including an inspection of the land.

Where a Permit to Burn is to be issued, it will be issued with specific conditions and only for a set time frame.

No.

A Permit to conduct an Open-Air Burn will need to be applied for from Council.