Approval to Burn
Muswellbrook Shire Council has developed a process to manage open burning in the Shire area to minimise air pollution issues associated with open burning, and to protect local and regional air quality, local amenity and human health. It also aims to provide approval to undertake pile burns on specified land to assist residents and land owners to conduct ongoing maintenance of their property and take responsibility to mitigate bush fire risks.
The Approval to Burn process does not apply to those wanting to cook or barbecue in the open, or to light, maintain or use a fire for recreational purposes such as camping, picnicking, scouting or other similar outdoor activities, so long as only suitable fuel is used and no smoke nuisance is created. It also does not apply to any fires lit for cultural purposes or for fire fighting training.
What items am I permitted to burn?
Council can approve the burning of dry vegetation generated on a property where disposal at a waste facility is not viable. Approval will not be given to burn general rubbish or materials including coated wires, tyres, paint containers, treated timbers or any material that may cause an explosion. Wet or green vegetation is also not permitted to be burnt.
Pile burning of dry and dead vegetation should not be seen as the best method for disposing of dry and dead vegetation. Alternative methods of disposal should be thoroughly investigated and are the preferred disposal methods, such as:
- reuse
- recycling
- composting
- disposal through Council’s waste service, kerbside collection service or waste management facility
Am I exempt from requiring an Approval to Burn from Council?
Burning of permitted items is allowed without the need for approval on a property greater than 4,000 m² (1 Acre) on land zoned within the following areas identified under Council’s Local Environmental Plan 2009;
- RU1 – Primary Production
- R5 – Rural Residential
If approval is not required from Council, land managers must provide notice to their local RFS or nearest NSW Fire Brigade at least 24 hours before the fire is lit and all activities must be undertaken in accordance with the NSW Rural Fire Service / Fire and Rescue NSW document, Standards for Pile Burning.
To identify your property Zoning visit NSW Government Planning Spatial Viewer: https://www.planningportal.nsw.gov.au/.
Agree to the Terms & Conditions, enter your property address and then tick “Land Zoning” on the list down the left hand side.
I am not exempt: what do I need to do?
Where your property does not fall into the above Land Zoning you are required to get written permission to burn from Muswellbrook Shire Council prior to contacting the relevant fire authority. Council requires a request for permission to burn in application to be submitted by the owner or land manager of the property where the burning is to be conducted. Council’s application for approval to pile burn is available below or from Council’s Administration Centre. Please note, Council will not issue approval for burning in residential zoned land. Vegetation is to be disposed of using applicable waste services.
It is helpful to include photos of the pile you intend to burn with your application form for officer assessment. A Muswellbrook Shire Council Officer may need to attend the property, so please provide your daytime contact number and any access instructions where necessary. Permission is normally given within several days; however, customers should note that up to fourteen days should be allowed for the permission to be allowed or refused.
Completed application forms can be submitted by email.
council@muswellbrook.nsw.gov.au
Att: Environmental Health
How do I conduct my burn safely?
- Comply with the NSW Rural Fire Service / Fire and Rescue NSW document, Standards for Pile Burning, and any direction from your Local Fire Control.
- Do not burn on “No Burn Days” – you can find this information by visiting your local brigade’s social media or contacting Hunter Valley Fire Control on (02) 6575 1200.
- The fire must be supervised at all times by an appropriate delegate.
- Adequate water supplies must be immediately on hand to extinguish the fire if required.
- Piles should not be greater than 2m in length or width, and 1.5m in height. Larger piles will produce more intense heat, will burn for longer and will be more difficult to manage safely.
- Burning should only take place when weather conditions are suitable with winds under 15km/h and predicted to remain so. The fire must be extinguished should wind conditions result in the transport of smoke directly impacting neighbouring properties and residences.
- Do not burn in the declared fire season (from 1st September to 31st March).
Note that on-the-spot fines may be issued under the Protection of the Environment Operations Act for the following offences:
- Burning otherwise than to prevent/ minimise air pollution
- Burn a prohibited article
- Burn without an approval or not in accordance with an approval
In the event of a prosecution, the maximum penalty is $5,500 for an individual and $11,000 for a corporation.
Approval to Burn Application Form
Standards for Pile Burning