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

General Local Law 2016 - No 8 (649KB)

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 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 open on Wednesday 1 May 2019 with all Permits to Burn expiring on 30 November 2019 or at onset of the Fire Danger Period whichever is sooner.

The Country Fire Authority declares the Fire Danger Period when the conditions in the municipal area are such that the risk of fires becoming out of control is increased.

It is your responsibility as the permit holder to check the CFA website each time before you commence burning to ensure the Fire Danger Period has not yet been declared. Check this via the website below:

Applying for a Permit to Burn:

Apply for a Permit to Burn online for a faster processing time. Burning is not permitted until you have physical possession of 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 restrictions.

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.

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.

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

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. 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.

General Conditions:

  • The Permit must be in the  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 present at all times;
  • Sufficient fire protection equipment must be available to extinguish the fire if required, including at a minimum a hose attached to a reticulated water supply (either tank or mains) or a vessel containing at least ten (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 and the shade temperature must not exceeds 32 degrees; and
  • You must register your burn by calling 1800 668 511 on the day that you intend to burn off.

All Permits to Burn issued under the Council Local Law will expire as of 30 November or at the onset of the Fire Danger Period, whichever is earlier.

Permits to Burn issued under the Council Local Law are not valid during the fire danger period or on a day of total fire ban as declared by the Country Fire Authority or a smog alert day as declared by the Environment Protection Authority.

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

cfa.vic.gov.au/warnings-restrictions/

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 5 acres in size.

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

Applications for a Permit to Burn have opened on Wednesday 1 May 2019 with all Permits to Burn expiring on 30 November 2019 or at onset of the Country Fire Authority declared Fire Danger Period whichever is sooner.

Apply for a Commercial Permit to Burn online for a faster processing time. Burning is not permitted until you receive your permit.

Commercial permits are required for:

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

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

Contact Us

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

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