Open Air Burning

bonfire

Eligibility to burn off is based on the size of the property and ability to meet specific criteria. You must also follow the general provisions set out below. 

Please check your property by searching for your address in our online maps or by calling Customer Support on 1300 850 600

Download: Open Air Burning Fact File(PDF, 443KB) 

Download: Community Amenity Local Law - Open Air Burning(PDF, 1MB) 

If you cannot meet the provisions, you may be eligible to apply for a Permit to Burn.

In the event of an emergency always contact Triple Zero (000) To report a non-urgent illegal burn off outside of the Fire Danger Period please contact the Shire on 1300 850 600 or via the Report a Problem page. 

What are the general provisions when I am burning off?

The Mornington Peninsula Shire asks all residents undertaking Open Air Burning to do so in accordance with the following:

A person or occupier of land who has lit or allowed a fire to be lit in the open air must ensure that:

  • the fire is supervised by an adult at all times who has the capacity and means to extinguish the fire
  • the person in charge of the fire is not outside the line of sight of the fire or more than 50 metres from the perimeter of the fire
  • sufficient fire protection equipment is available to extinguish the fire
  • the vegetation to be burnt is dead and dry prior to lighting it
  • at the site of the fire, the wind speed must not exceed 20 kilometres per hour (11 knots)
  • a notification of the burn is registered with Triple Zero Victoria (1800 668 511) - this prevents unnecessary response from fire brigades

A person or occupier of land who has lit or allowed a fire to be lit or is in charge of a fire in the open air MUST, before leaving the place of the fire:

  • completely extinguish the fire
  • ensure that an adult person who has the capacity and means to extinguish the fire remains at all times in charge of the fire

I am on land of less than 1,500 square metres, can I burn off?

NO, Open Air Burning IS NOT permitted on land of this size unless it is for:

  • A barbecue, pizza oven, or other properly constructed appliance while it is being used for cooking food;
  • A fire in a brazier or chiminea while it is being used for heating;
  • A tool of trade while being used for the purpose for which it was designed.

Any Open Air Burning would require landowners to obtain a permit to burn from Council; these will only be issued in very specific circumstances.

I am on land greater than 1,500sq metres can I burn off?

NO, a person or occupier of land must not light or allow to be lit a fire in the open air, where the land size exceeds 1,500 square metres but is less than 40,000 square metres unless:

a) The fire is lit or allowed to remain alight only on a Friday or a Saturday and, not before 9am or after 4pm.

b) No more than 10 cubic metres of vegetation is burnt at any one time, (Example 2.5 metres wide x 2 metres long x 2 metres high)

c) The fire is not within 20 metres of any neighbouring dwelling

d) The fire is lit or allowed to remain alight in accordance with, the General Fire Safety Provisions.

Where a person or occupier of land wants to burn in the open air and these requirements CANNOT be complied with, that person or occupier MUST obtain a permit.

I am on land greater than 40,000sq metres can I burn off?

NO, a person or occupier of land must not light or allow to be lit a fire in the open air, where the land size is 40,000 square metres or more unless:

a) No more than 100 cubic metres of vegetation is burnt at any one time, (Example 5 metres wide x 5 metres long x 4 metres high)

b) The fire is not within 100 metres from any neighbouring dwelling

c) The fire is lit or allowed to remain alight in accordance with, the General Fire Safety Provisions.

Where a person or occupier of land wants to burn in the open air and these requirements CANNOT be complied with, that person or occupier MUST obtain a permit.

How can I prevent smoke from open air burning impacting on health and amenity?

Smoke from open air burning events can be harmful to your health and smoke can be sensitive to other people. Even if the smoke does not affect a someone’s health, it can cause a nuisance to surrounding residents.

There are simple measures that you can take before burning off to protect the health of yourself, your family and neighbours:

  • Check wind and weather conditions before starting your burn off
  • Postpone your burn off if wet conditions are predicted, there is already smoke from other burns or neighbouring properties may be impacted by smoke.
  • Burn off after 9:30-10am and no later than 12-1pm for greater dispersion of smoke. 
  • Discuss with your neighbours before burning off if you think that smoke may impact them
  • Only burn dry wood and branches
  • Do not burn treated pine, wet wood, painted or stained timber, particle board or any waste/rubbish
  • Avoid burning any green waste, branches where possible
  • Ensure proper air flow through your burn pile
  • Avoid leaving the burn off to smoulder overnight or for extended periods

What are the alternative methods of fuel reduction?

To minimise smoke nuisance and air pollution concerns, landowners/occupiers are encouraged to explore alternative avenues for fuel reduction (other than burning) where possible. The Shire offers three different food and green (garden) waste services

  • Green Waste disposal at our Resource Recovery centres. We also offer four 'no charge' green waste weekend events per year. (Friday-Sunday)
  • Food and Green Waste bin collection from your nature strip. If you live in the Peninsula's urban areas, you can opt-in to receive a fortnightly food and green waste collection service for a yearly fee. Residents can put food waste, as well as garden waste in this bin, and receive a free kitchen caddy and liners. This can reduce your landfill bin by up to 45% and get us closer to Net Zero emissions by 2040. Put your scraps to good use!