Control and approval of burning within Muswellbrook Shire

Muswellbrook Shire Council regulates the control of burning under the Protection of the Environment Operations (Clean Air) Regulation 2010. Council is committed to protecting air quality and minimising air pollution within the Muswellbrook Local Government Area.

Obtaining an Approval to Burn Permit from Muswellbrook Shire Council

Land owners/managers must obtain an approval to burn permit from Council before burning.

Approval To Burn Permit Application

Land owners/managers for the following land zones are exempt from requiring a permit as automatic approval is given.

  • RU1 Primary Production (Muswellbrook LEP 2009)
  • R5 Large Lot Residential (Muswellbrook LEP 2009)

Conditions of Burning

All burning approvals, including automatic approvals, are subject to the following conditions:

  1. Only dead and dry vegetation that was grown or produced on the land can be burnt.
  2. Land size must be no less than 4,000m2.
  3. Twenty four hours prior notice must be provided to owners/occupiers of adjoining land, including land that is separated by a lane, road or waterway. The notice must specify location, purpose and time frame of the fire.
  4. Extinguish the fire should wind conditions result in the transport of smoke directly impacting neighbouring properties and residences.
  5. You must ensure that you have sufficient water supply and/or fire extinguishers to extinguish the fire.
  6. All works should be in accordance with the Rural Fire Service Guidelines for Pile Burning.
  7. The burning permit - if required - must be retained on-site for inspection by any authorised person while the fire is in progress or used and maintained in accordance with the conditions of the permit.
  8. In the event of a total fire ban being declared this permit is suspended for the entire period of the ban. Any existing fire must be immediately extinguished.
  9. In the event of a No Burn Day being declared, this permit is suspended for the duration of the declaration.
  10. A fire may only be lit on land where it is consistent with any Bush Fire Risk Management Plan applying to the land.
  11. Approval to Burn Permits are subject to variation, suspension or revocation by the appropriate authority, verbally or in writing.
  12. Council is to be notified in writing of the completion of the works subject to this approval, including details of any complaints received during the period of the approval.

Only dead and dry vegetation that was grown or produced on the land can be burnt.

Prohibited - do not burn under any circumstances:

  • Tyres
  • Paint containers and residues
  • Solvent containers and residues
  • Coated wire
  • Treated timber
  • Vegetation not grown or produced on the land

Recreational burning

Recreational fires are allowed for the following purposes, when only dry aged wood, liquid petroleum gas (LPG), natural gas or proprietary barbecue fuel is used, subject to NSW Fire restrictions and legislation:

  • Cooking/barbecuing in the open
  • Camping
  • Picnicking
  • Scouting
  • Other similar outdoor activities

Other exemptions

  • Agricultural burning within an agricultural operation
  • Firefighting training
  • The use of a licenced incinerator which meets relevant legislation requirements
  • Bush fire hazard reduction conducted under the Rural Fires Act 1997
  • To be an animal’s remains that has or is suspected to have died from a disease under the Stock Diseases Act 1923 or the Exotic Diseases of Animals Act 1991

All exemptions are subject change. Refer to the Regulation.

Obtaining approval to burn from NSW Rural Fire Service

In Clause 13 of the Protection of the Environment Operations (Clean Air) Regulation 2010 Muswellbrook Shire Council is listed in Part 2 and 3 of Schedule 8 stating that it is necessary to gain relevant approvals from NSW Rural Fire Service.

Contact Lower Hunter Rural Fire Service on 02 4015 0000.

NSW Rural Fire Service Publications

NSWRFS Bushfire Survival Plan

NSWRFS Before You Light That Fire Flowchart

SNSWRFS Before You Light That Fire Landowners Booklet

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