Part 3 Control of burning in local government areas

7   Offences

(1)  A person must not burn anything:

(a)  in the open, or

(b)  in an incinerator,

      in a local government area specified in Part 1 of Schedule 1 except in accordance with an approval.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.

(2)  A person must not burn any vegetation:

(a)  in the open, or

(b)  in an incinerator,

      in a local government area specified in Part 2 of Schedule 1 except in accordance with an approval.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.

(3)  A person must not burn anything (other than vegetation):

(a)  in the open, or

(b)  in an incinerator,

      in a local government area specified in Part 3 of Schedule 1 except in accordance with an approval.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.

Note. See clause 8 (4) which provides a specific exception to the offence under this subclause.

8   Exceptions

(1)  It is not an offence under clause 7:

(a)  to cook or barbecue in the open, or to light, maintain or use a fire for recreational purposes such as camping, picnicking, scouting or other similar outdoor activities, so long as only dry seasoned wood, liquid petroleum gas (LPG), natural gas or proprietary barbeque fuel (including a small quantity of fire starter) is used, or

(b)  to burn vegetation, in the course of carrying on agricultural operations, on premises on which the vegetation grew, including:

(i)  the burning of vegetation for the purposes of clearing (other than for construction), or

(ii)  the burning of stubble, orchard prunings, diseased crops, weeds or pest animal habitats on farms, or

(iii)  the burning of pasture for regenerative purposes, or

(c)  to burn anything for the purposes of the giving of instruction in methods of fire fighting by:

(i)  an officer or member of a fire fighting authority, or

(ii)  a fire control officer within the meaning of the Rural Fires Act 1997, or

(iii)  an industrial fire control officer,

      when acting in his or her official capacity.

(2)  It is not an offence under clause 7 to burn domestic waste, before 1 September 2001, in an incinerator:

(a)  that is installed in a residential building comprising home units, flats or apartments, and

(b)  that was, immediately before 1 September 2000, in regular use.

(3)  It is not an offence under clause 7:

(a)  to burn anything in an incinerator that is licensed under the Act, or

(b)  to burn anything in an incinerator that:

(i)  is equipped with a primary and secondary furnace, and

(ii)  is designed, maintained and operated in such a manner that ensures the maintenance of appropriate temperatures for the complete combustion of anything that the incinerator is designed to burn and prevents the escape of sparks or other burning material, and

(iii)  is equipped with suitable equipment that is designed, maintained and operated for the purposes of controlling air impurities in the exhaust gas once the incineration process has been completed, and

(iv)  is not installed in a residential building comprising home units, flats or apartments.

(4)  It is not an offence under clause 7 (3) to burn domestic waste on residential premises on which the waste was generated if domestic waste management services are not available to those premises.

9   Approval for certain fires or incinerators

Note. An approval may be granted so as to permit burning in circumstances where it would otherwise be prohibited under clause 7.

However, even though this Regulation may permit the burning of fires in the open or in an incinerator in accordance with an approval or because of the operation of clause 8, burning may still be prohibited by an order of the EPA under section 133 of the Act.

(1)  The EPA may grant an approval for the purposes of this Regulation:

(a)  to any class of persons—by means of a notice published in the Gazette, or

(b)  to any particular person—by means of a written notice given to the person (except in relation to an approval that would be granted to the person in accordance with subclause (2)).

(2)  The council of a local government area specified in Part 2 of Schedule 1 may grant an approval for the purposes of this Regulation in respect of the burning of dead and dry vegetation on the premises on which the vegetation grew in the local government area:

(a)  to any class of persons—by means of a notice published in a local newspaper circulating in the local government area, or

(b)  to any particular person—by means of a written notice given to the person.

(3)  Before granting an approval for the purposes of this Regulation, the EPA or local council concerned must take the following matters into consideration:

(a)  the impact on regional air quality and amenity,

(b)  the impact on local air quality and amenity,

(c)  the feasibility of re-use, recycling or other alternative means of disposal,

(d)  any opinions of the sector of the public likely to be affected by the proposed approval,

(e)  in the case of an approval under subclause (2) (a)—any opinions of the EPA in relation to the proposed approval.

(4)  An approval:

(a)  is subject to such conditions (if any) as are specified in the notice by which the approval is granted, and

(b)  may be amended or revoked by means of a notice given or published in the same way as the original notice granting the approval was given or published, and

(c)  remains in force for a period of 12 months (or such other period as is specified in, or implied by, the approval) from the date it is granted unless sooner revoked by the authority that granted it.