Burning and Permits

Frankston City Council receives many complaints about open air burning in the municipality. Open air burning is regulated by Community Local Law 2020, part 3.12. 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.

Community Local Law 2020 - Open Air Burning

• Community Local Law 2020(PDF, 1MB)

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’s 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 for other residents.

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 on Council’s burning call 1300 322 322.

For more information about burning undertaken on DELWP managed areas please visit the Forest Fire Management Victoria website:

• ffm.vic.gov.au/bushfire-fuel-and-risk-management/planned-burns

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

Residents of properties less than 1.600 square metres should take advantage of other green waste disposal options including the Frankston Regional Recycling and Recovery Centre or the Green Waste Bin service. 

Some fires are allowed 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 brazier or chimenea 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 services agency

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

Residents that need to burn off for fuel reduction reasons, excess vegetation or topography issues may apply for a Permit to Burn if the property is covered by the Bushfire Prone Area (BPA) or Bushfire Management Overlay (BMO).

To find out if your property is covered by the BPA or BMO check the Planning Report Tool of the Planning Victoria website:

• Planning Victoria - Planning Report Search

A Permit to Burn 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 the fire to spread and 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 below. 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.

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.

A Permit to Burn is still required for properties larger than 20,000 square metres. A Permit to Burn 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 the fire to spread and 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 below. 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.

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.