City of Stonnington
PO Box 21
PRAHRAN VIC 3181
Telephone: 03 8290 1333
Facsimile: 03 9521 2255
Burning Off, Incinerators and B.B.Q’s.
Can I burn off?
Within the municipality of the City of Stonnington, the use of incinerators and the lighting of fires (other than in a properly constructed barbecue for the purpose of cooking food for human consumption.) is prohibited.
Persons authorised by a public body engaged in fire protection measures are exempt.
Stonnington Council’s General Local Law 1995 (No.1) provides an offence for a person who allows to be lit or remain alight any fire in an incinerator or in the open air. The Local Law is designed to prohibit and regulate activities, which may affect urban character and local amenity.
Can I get a Permit to burn off?
Yes you can apply for a permit to burn off. You will have to complete an application form and there may be a fee payable if the permit is issued. You must satisfy the …. Officer that you have a good reason to burn off and that there is no other practicable option available to you, before the officer will consider issuing a permit.
Do Permits have Conditions?
Burning off permits has strict conditions in relation to how, when and where burning off can take place. Any breach of these conditions is an offence.
What about burning off on smog alert days or Total Fire Ban days?
No burning off is allowed on a CFA Total Fire Ban Day even if you have already been issued a permit to burn. You should refrain from burning off on an EPA Smog Alert Day.
How do I report illegal Burning Off?
If you see or suspect illegal burning off during the Fire Danger Period you should report it to the Police by telephoning 000.
If you see or suspect illegal burning off during any other time of the year or the use of incinerators you should report it to Council on 8290 1333
What are the penalties for illegal Burning Off?
If you burn off illegally during the Fire Danger Period the Country Fire Authority Act provides penalties up to $5000 and/or 12 months imprisonment.
If you burn off illegally during any other time of the year Council Local Law allows for penalties to be imposed of up to $2000.
Why do we have Burning Off Laws?
As a community we need to control the amount of burning off that takes place for environmental, fire safety and residential amenity reasons. 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.
Where can I get advice?
Should you want any advice regarding burning off please call Council’s Compliance and Response branch on 8290 1333
Council Health Department 8290 1333
Environment Protection Authority9628 5622
How do I make a complaint?
Complaints can be made in writing (address above), by e-mail () or by phone (see above) to Council’s Compliance and Response Branch
Council Local Laws officers may attend after hours, including weekends, to investigate. You can contact Council’s after hours service on 9625 5312.
NB;This fact sheet is intended as a general guide only. It is not intended to be and should not be relied upon as a substitute for professional legal advice. You should refer to the Country Fire Authority Act 1958, Summary Offences Act 1966, and Stonnington City Council General Local Law 1995 (NO.1) for a full description of the law relating to burning off.