DISCLAIMER
Important information concerning the interpretations of legislation and other policies is contained in this page. It is recommended that the
Disclaimer
be read in conjunction with the information provided.
Burning is an issue that concerns people for a number of reasons. Protecting property and ensuring personal safety are paramount at times of bushfire while air pollution and the health risks associated with wood smoke can be a problem at any time. Property owners need to take responsible action to help prevent fire risks and steps can be taken to ensure good air quality is maintained.
In Break O'Day Council the regulations regarding outside burning are contained within the following by-law By-Law # 4 Control of Outside Burning 
(261 kb).
FREQUENTLY ASKED QUESTIONS
1. What legislation regulates burning?
2. What is a total fire ban?
3. What is a fire permit?
4. When do I need a fire permit?
5. How do I obtain a fire permit?
6. Can I use a backyard incinerator?
7. What can I do to protect my house in a bushfire?
8. Can I join the local fire brigade?
1. What legislation regulates burning?
The Fire Service Act 1979 regulates the use of fires in the open air where these fires may impact on community safety should they burn out of control.
The General Fire Regulations 2000, outline precautions and equipment necessary for fire safety in buildings with public access. For further information on this topic, the Tasmania Fire Service has developed a booklet that summarises the obligations of owners and occupiers of these buildings.
Smoke from fires can be a nuisance or worse and is subject to regulation under a number of Environmental Management and Pollution Control Act 1994 and the Local Government Act 1993. Under the regulations of the Building Act 2000, waste from building activities or on building sites must not cause a nuisance.
A total fire ban is a ban on any fire in the open air, other than a built-in gas barbecue, as well as a ban on using any equipment in the open air that emits naked flames or sparks. A total fire ban is declared when bushfires are likely to be difficult or impossible to control, usually in summer between the months of November and March. For more information on total fire bans see the Tasmania Fire Service website.
A fire permit is a permit issued by a permit officer authorised under the Fire Service Act 1979, which allows you to burn flammable vegetation during a declared Fire Permit Period.
See questions 4 and 5 for further information regarding fire permits.
4. When do I need a fire permit?
A fire permit is required for burning off or clearing vegetation with fire whenever a fire permit period is declared. This is not dependant on weather conditions. However, you do not need a fire permit for operating barbecues, campfires or incinerators as long as you comply with their normal operating conditions. The Tasmania Fire Service website provides more information about permits and declared permit periods.
5. How do I obtain a fire permit?
Fire permits can be obtained by ringing 1800 000 699 and following the prompts. You will be directed to your local Fire Permit Officer who will give you further instructions. Fire permits are free of charge.
6. Can I use a backyard incinerator?
Council regulations regarding backyard incinerators vary throughout Tasmania. Many councils are banning their use due to the air pollution they create. Smoke can aggravate an existing respiratory aliment such as asthma and bronchitis or increase the risk of respiratory problems.
Break O'Day Council allows backyard burning on the 1st and 3rd Saturday of every month, for fires less than one cubic metre in size, as long as there is no fire ban in place.
Restricting the use of the backyard incinerator, the wood heater and open air burning helps keep the air clean and prevent smoke and smog pollution.
There are a number of measures that can be taken to minimise problems:
Remember, any damage caused by an escaping fire is the responsibility of the person who lit the fire.
7. What can I do to protect my house in a bushfire?
The Tasmania Fire Service website contains valuable information on what home owners can do to protect their property in times of bushfire.
8. Can I join the local fire brigade?
Local brigades are made up of men and women who serve as volunteers. They can serve either as operational fire fighters i.e. who deal with bushfires, house fires, motor vehicle accidents etc., or as support members who look after areas such as fundraising, communications and administration, or equipment maintenance. The Tasmania Fire Service website has more information on what volunteers do and how you can get involved.
