Lismore City Council
Burning of Vegetation
The Protection of the Environment Operations (Clean Air) Regulation 2021 and the Rural Fires Act 1997 regulate the burning of materials in NSW. The Protection of the Environment Operations (Clean Air) Regulation 2021 establishes a general obligation for any person conducting a fire to take all reasonable measures to minimise or prevent air pollution.Under Clause 13 of the Protection of the Environment Operations (Clean Air) Regulation 2021, approvals to burn maybe granted by Council for the ‘burning of dead and dry vegetation on the premises from which the vegetation grew’. All other approvals to burn can only be granted by the NSW Environment Protection Authority (EPA).
Approvals
Prior to ‘burning of dead and dry vegetation on the premises from which the vegetation grew’ an individual is required to obtain the approval of Council.Control of Burning Application
You can apply by clicking HERE.An application fee is applicable (see Councils Fees & Charges).
In assessing an application for Approval to Burn Council is guided by the following objectives:
- To minimise potential air pollution within urban environments and smoke impact on any person
- To ensure assessment outcomes are fair to our community balancing consideration of local climate, environment sustainability and community health.
- To encourage the re-use of green waste where feasible and reasonable
- To address Council’s statutory responsibilities in relation to open burning.
- To allow burning where there is no reasonable alternative to dispose of dead and dry vegetation on the premises from which the vegetation grew.
NOTE: The Rural Fires Act 1997: This Act regulates the lighting of fires. If the lighting of any fire is to occur during the bush fire danger period (1 October to 31 March) or is likely to cause harm to any building, a permit from either the NSW Rural Fire Service or NSW Fire and Rescue is required (depending on the location of the fire). The purpose of this permit is to provide for the safe use of fire. The lighting of any open fire is prohibited by the declaration of a Total Fire Ban by the Commissioner of the NSW Rural Fire Service.
Information on Fire Danger Ratings and Total Fire Bans can be obtained from www.rfs.nsw.gov.au or by calling Bush Fire Information Line - 1800 NSW RFS (1800 679 737). It is the responsibility of any person lighting a fire to determine if a prohibition is in force.
Agricultural Practices
The Protection of the Environment Operations (Clean Air) Regulation 2021 (Clean Air Regulation) provides lawful approval for certain activities, including agricultural burning operations.The Clean Air Regulation establishes a general obligation for any person conducting a fire, including agricultural burning, to take all practicable measures to minimise or prevent air pollution. It does this by requiring persons intending to conduct agricultural burning to, for example, take into account the potential for smoke impacting on any person due to wind direction and weather conditions.
Council advises concerned parties to contact their neighbours and talk about the issues that are affecting you. Your neighbours may not have known, and they may help solve the problem quickly and easily. Some industries like the Cane Growers Association can be contacted to lodge concerns on 6683 4205.
Air Pollution can also be reported to the NSW EPA Pollution Line on 131 555.
For more information about Sugar Cane burning, please click here.
