Burning and Permits

Open Air Burning

Frankston City Council receives many complaints about open air burning in the municipality. Open air burning is regulated by Local Law No. 8, part 3.10. Open Air burning laws are in place to protect the amenity of the neighbourhood, general air quality and to reduce the risks associated with fire.

General Local Law 2016 - No. 8 - Section 3.10 Open Air Burning

No person may burn off within the Frankston municipality, without first obtaining a Permit to Burn from Frankston City Council.

In all cases residents should try and make use of Council’ss green waste program or take garden waste to the Frankston Regional Recycling and Recovery Centre (FRRRC). This improves the air quality within Frankston City and reduces the health implications on other residents.

Permits to Burn

A Permit to Burn is required for anyone wanting to 'burn-off' in Frankston City.

Applications for a Permit to Burn generally open on 1 April each year with all Permits to Burn expiring on 30 November year or at onset of the Country Fire Authority declared Fire Danger Period whichever is sooner.

Apply for a Permit to Burn online for a faster processing time, however please allow up to 10 working days for your Permit. Burning is not permitted until you receive your permit.

Please note that Permit to Burn application fees are non-refundable even if  the permit application is rejected. Please consult Frankston City Council on 1300 322 322 if you are unclear of the Permit to Burn information.

Before applying please be aware of the following:

Properties less than 1,600 square metres:
Burning off in not permitted on properties less than 1,600 square meters in total land size, however some fires are considered legal on all land types and sizes if conducted safely.These include:

  • A barbecue, pizza oven or other properly constructed appliance while it is being used for cooking food
  • A fire in a chimenea or brazier while it is being used for heating however only clean, dry and untreated wood is permitted to be burnt.
  • 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 service

An authorised officer may request for the fire to be extinguished if it is deemed to be a health or safety risk.

Properties from 1,600 square metres up to 20,000 square metres in total land size:
Residents requiring burning off for fuel reduction reasons, excess vegetation or topography issues may apply for a Permit to Burn. The application is assessed on a case by case basis. A Council officer undertakes a risk assessment of the applicant’s property taking into account issues such as the size of the land, the ability of the landowner to remove the vegetation via more appropriate methods, the proximity to other landowners and the risk of smoke nuisance. Also taken into account is the potential for fire to spread and fire suppression equipment at the location.

Permits to Burn are subject to certain conditions – some conditions relate to fire size and location.  including Bushfire Management Overlay or Bushfire Prone Area as listed in the planning scheme.Visit services.land.vic.gov.au to obtain a free Planning Property Report and check all permit conditions prior to lighting a fire.

An authorised officer may request for the fire to be extinguished if it is deemed to be a health or safety risk even if a permit has been issued.

Properties greater than 20,000 square metres in total land size
A Permit to Burn is still required.Permits are subject to certain conditions, relating to fire size and location and are subject to the general conditions below. Check all permit conditions prior to lighting a fire.

An authorised officer may request for the fire to be extinguished if it is deemed to be a health or safety risk even if a permit has been issued.

General Conditions:

  • Burning off can only occur on Fridays and Saturdays between 9am and 4pm during the period specified on the Permit to Burn
  • The application fee is non-refundable
  • Apply for a permit online using the link on the side of this page or in person at any Council Customer Service Centre
  • The permit holder should make sure they are aware of all permit conditions, as a breach in a condition of the permit may result in the permit being revoked and infringements issued
  • Those with a permit can only burn dry green waste
  • General burning off permits are not valid during the Fire Danger Period or on days of Total Fire Ban
  • Permit applications are unable to be taken by Council during the declared Fire Danger Period
  • An authorised officer may ask for the fire to be extinguished if it is deemed to be a health or safety risk, an authorised officer may also revoke a permit at any time

For further information about fire restrictions visit: CFA Warnings and Restrictions website or contact Vic Emergency Hotline on 1800 226 226.

Commercial Permits to Burn

Commercial Permits to Burn are required for any commercial property that may need to undertake fuel reduction works.

All general conditions remain the same as residential permits however the permitted size of the fire may be larger if the commercial property is over 10 acres in size.

The application fee is non-refundable. Apply for a permit online or in person at any Council Customer Service Centre.

Commercial permits are required for:

  • Golf courses
  • Tennis Clubs
  • Football Clubs
  • Schools
  • Any commercial land or property where there is no residential dwelling.

Legal Fires

No person may light, or allow to remain alight, a fire in the open air unless a Permit to Burn has first been obtained from the Council for the purpose of fuel reduction or fire hazard clearance. The owner or occupier of land where a fire has been lit without a permit must immediately take all steps necessary to make it safe and completely extinguish the fire.

A person must not light, or allow to remain alight, a fire in a public place unless authorised to do so by a public body for the purpose of undertaking fire protection measures.

However  some limited open air burning is allowed to occur without a permit, these are referred to as a legal fire.

Residents and other land users should always look for alternatives to burning off to reduce the impact upon others. Even if the burning off is legal, you should always consider the needs of others and ensure that any impact of the fire is minimal.

A legal fire is one of the following:

  • A barbecue, pizza oven or other properly constructed appliance while it is being used for cooking food
  • A fire in a chimenea or brazier while it is being used for heating however only clean, dry and untreated wood is permitted to be burnt.
  • 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 service
  • A fire where the Council has granted a permit because it considers that the specific circumstances of the case justify open air burning

An authorised officer may ask for the fire to be extinguished if it is deemed to be a health or safety risk.

Different restrictions apply during the Country Fire Authority declared Fire Danger Period or on days of Total Fire Ban.

Fuel-Reduction and Ecological Burning

Within Frankston City, fuel-reduction and ecological burning is conducted by both Frankston City Council's Natural Reserves Team and The Department of Environment, Land, Water and Planning (DELWP).

These burns are usually undertaken in spring and autumn when weather permits. For more information phone Council 1300 322 322.

For more information about burning undertaken on DELWP managed areas please visit the Department of Environment, Land, Water and Planning website.

Keep Informed and Be Vigilant

  • Visit the CFA website
  • Call the Vic Emergency Hotline 1800 226 226
  • Listen to 774ABC Radio

Contact Us

Frankston City Council
30 Davey Street
Frankston 3199
P. 1300 322 322
E. info@frankston.vic.gov.au

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