Backyard burning prohibited in residential areas

Backyard burning in residential areas of the Clarence Valley is prohibited.

The Protection of the Environment Operations (POEO) (Clean Air) Regulation 2010 (NSW) lists Clarence Valley Council in Part 2 and 3 of Schedule 8 of the Regulation, which prohibits backyard burning in residential areas across the local government area without written approval.  Burning wood and rubbish in open fires and incinerators can cause smoke, which is a major cause of air pollution. It can harm the environment and your health. For the safety of our community and the preservation of public health and the environment guidelines must be followed when burning off.

There are a number of exemptions which allow burning in residential area which include;

  • A fire for cooking, recreation and for fire fighting instruction.
  • Burning of vegetation for agricultural operations or
  • A fire for the purposes for instruction of fire fighting.
  • Bushfire hazard reduction work under the Rural Fires Act

Persons wishing to burn in residential area will need to apply in writing (see application below) to Council and permission will only be given where there are no other viable alternatives.  During the gazetted bushfire danger period a fire permit from the Rural Fire Service (RFS) is required.  No-burn Notices or Total Fire Bans override any permits obtained. If you are planning to light an outside fire you should check with the Council, Office of Environment and Heritage (OEH) or the NSW Rural Fire Service to make sure your fire is legal.

For further information about the control of burning regulations contact Council’s Environment, Development and Regulated Services section on 6643 0200, alternatively contact OEH’s Environment Line on 131 555.

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