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Burning and permits

Overview

You must have a permit to burn from Council before you can burn off within the municipality. Before you apply for a permit, we recommend that you consider:

using Council’s green waste program
taking your garden waste to the Frankston Regional Recycling and Recovery Centre (FRRRC).

This improves the air quality within Frankston City and reduces the health implications for other residents.

Open air burning

Council receives many complaints about open air burning in the municipality. Open air burning is regulated by Community Local Law 2020(PDF, 1MB), part 3.12. Open air burning laws are in place to:

protect the amenity of the neighbourhood
protect general air quality
reduce the risks associated with fire.

Fuel-reduction and ecological burning

Council's Natural Reserves Team and the Department of Environment, Land, Water and Planning (DELWP) conduct regular fuel-reduction and ecological burning within Frankston City.

These burns are usually scheduled in spring and autumn when weather permits. For more information on Council’s burning call us on 1300 322 322.

For more information about burning in DELWP managed areas please visit the Forest Fire Management Victoria website.

CFA fire danger period

All permits to burn issued under the Council Local Law will expire as of:

30 November 2022 or
the beginning of the County Fire Authority (CFA) fire danger period (whichever is earlier).

Permits to burn issued by Council are not valid during:

the CFA fire danger period
total fire ban days as declared by the CFA or Fire Rescue Victoria
smog alert days as declared by the Environment Protection Authority.

To learn about fire restrictions during the fire danger period visit the CFA Warnings and Restrictions website or call the Vic Emergency Hotline on 1800 226 226.

Eligibility

You 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.

Authorised officers may request for a fire to be extinguished if it is deemed to be a health or safety risk.

When you don't need a permit to burn

Some fires are allowed on all land types and sizes if conducted safely, including:

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 (only clean, dry and untreated wood is permitted)
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.

Properties less than 1,600 square metres

Burning off is not permitted on properties less than 1,600 square meters in total land size.

If your property is not eligible for a permit to burn, you can take advantage of other green waste disposal options such as:

the Frankston Regional Recycling and Recovery Centre (FRRRC)
Council's green waste bin service.

Properties from 1,600 square metres up to 20,000 square metres in total land size

If your property is covered by the Bushfire Prone Area (BPA) or Bushfire Management Overlay (BMO) you may be eligible to apply for a permit to burn for:

fuel reduction reasons
excess vegetation or topography issues.

To find out if your property is covered by the BPA or BMO use the Planning Report Tool by visiting the Planning Victoria website.

Applications are assessed on a case by case basis. Council officers will undertake a risk assessment of your property, taking the following into account:

size of the land
ability of the landowner to remove the vegetation via more appropriate methods,
proximity to other landowners and
risk of smoke nuisance
potential for the fire to spread
fire suppression equipment at the location.

Permits are subject to certain conditions, relating to fire size and location and are subject to the general conditions. Please make sure you 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.

An authorised officer can request for a 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 for properties larger than 20,000 square metres.

Applications are assessed on a case by case basis. Council officers will undertake a risk assessment of your property, taking the following into account:

size of the land
ability of the landowner to remove the vegetation via more appropriate methods,
proximity to other landowners and
risk of smoke nuisance
potential for the fire to spread
fire suppression equipment at the location.

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

Apply for a permit to burn

Applications for a permit to burn opened on 29 March 2022 and will close on 16 November 2022. Existing permits are valid until 30 November or until the start of the CFA fire danger period (whichever is sooner).

Apply for a:

Residential permit to burn

Commercial permit to burn

Fees

Permit type	Fee
Residential permit to burn	$71 per year
Commercial permit to burn	$294 per year

Permit to burn application fees are non-refundable even if your application is rejected. Please make sure you read the eligibility and permit conditions before you apply.

Call us on 1300 322 322 if you are unclear about any of the restrictions.

Permit conditions

Please make sure that you have read and understand the general permit conditions before you apply:

The permit must be in the physical possession of the person performing the burn-off.
Not less than 24 hours or more than 7 days before commencement of burning a notice of intention to burn shall be given to each owner or occupier of land contiguous to the area to be burned.
A suitable fire break be prepared around the perimeter of the area being burned that is not less than 3 metres wide and cleared of all flammable materials.
Every reasonable precaution shall be taken to prevent any other material from catching fire and that any such fire which does occur shall be extinguished immediately.
The fire shall be lit from the leeward side of the area being burned.
Burning off can only occur on a Friday and Saturday between 9am and 4pm.
The fire must be supervised by an adult who is physically capable of containing and extinguishing the fire at all times.
Sufficient fire suppression equipment must be available to extinguish the fire if required, including at a minimum a hose attached to a water supply (either tank or mains) or a vessel containing at least 10 litres of water is available at the site of the fire at all times that the fire is alight.
The vegetation to be burnt must be dead and dry prior to lighting it.
At the site of the fire, the wind speed must not exceed 20 kilometres per hour or the shade temperature must not exceeds 32 degrees.

The permit holder must notify Emergency Services Telecommunications Authority (ESTA) on the day that they burn off by visiting the Fire Permits Victoria website or calling 1800 668 511. For more information see CFA Register Your Burn Off.