Fire danger periods

'Fire danger periods' can apply to one or more specific parts of country Victoria.

‘Fire danger periods’ are declared after consultations between the CFA and the Department of Sustainability and Environment (DSE) and are published in the Victorian Government Gazette. More information about fire danger periods and currently announced fire danger periods can be found online at www.cfa.vic.gov.au.

During fire danger periods, stricter restrictions will apply to fire activities. These are discussed in more detail below.

For more information on fire danger periods and the restrictions on fire activities than is provided in this chapter, contact CFA at 1 800 240 667 or visit the CFA website at www.cfa.vic.gov.au.

Summer fire restriction period

Each year, usually in early December, the CFA introduces a summer fire restriction period in certain localities across rural Victoria. DSE also introduces summer fire restrictions, which apply to private land within 1.5 kilometres of forest and parks (the fire protected area) for certain municipalities in the eastern half of Victoria and the far south-west.

The CFA and DSE restrictions for the separate areas are usually introduced at the same time. Restrictions usually last until 30 April but may be terminated earlier.

Total fire bans may also be declared by the CFA on days when fire danger is extreme or conditions would make a fire extremely difficult to control. See further ‘Total fire bans.’

Restrictions on fire activities during fire danger periods

General prohibition against lighting open air fires

During a fire danger period you cannot light a fire in the open air in country Victoria unless permitted by law.

The maximum penalty for this offence is approximately $5000 and/or imprisonment for up to one year.

The prohibition on lighting open air fires does not apply to:

1. Fire protection areas. See further ‘Activities on some public and Crown lands.’

2. Activities undertaken in accordance with a written permit from a fire prevention officer. These include:

setting fire to grass, weed, stubble, scrub, undergrowth or other vegetation;
lighting a fire for the purpose of converting wood to charcoal; or
any other fire allowed by the permit.

Failure to comply with a permit condition or restriction may result in a fine of approximately $2000 and/or up to 12 months imprisonment.

The CFA is responsible for issuing permits within CFA areas. Permits which may be obtained from the CFA are referred to as Schedule 14 permits. See www.cfa.vic.gov.au.

Other permits may be obtained from the local council, the Department of Sustainability and Environment, or the Metropolitan Fire and Emergency Services Board. Permit applicants should contact the CFA or the local council to determine which entity is the authority for issuing a particular permit.

Permits are not valid on ‘total fire ban’ days. See also ‘Total fire bans’.

3. Certain lawful activities, including:

for meal preparation or personal comfort, as long as the following weather and fire containment conditions are met:

a) the air movement in the vicinity of the fire is not stronger than 10 kilometres per hour;

b) the fire is lit in a properly constructed fireplace (the fireplace must be constructed of stone, metal, concrete or any other non-flammable material so as to contain the perimeter of the fire) or in a trench at least 30 centimetres deep;

c) the fire is not within 7.5 metres of any log or stump;

d) the ground and air space within a distance of three metres from the outer perimeters and uppermost point of the fire are clear of flammable material; and

e) the fire does not occupy an area in excess of one square metre and the size of the fire and the dimensions of solid fuel used are the minimum necessary for the purpose; or

to burn refuse, subject to conditions, including:

a) the fire is effectively restricted within an incinerator;

b) the air movement in the vicinity is no stronger than 10 kilometres an hour;

c) the ground and air space within a distance of three metres of the incinerator are cleared of all flammable material; and

d) a supply of water adequate for the extinguishment of the fire is readily available at all times when the fire is burning; or

to extract honey, heat bitumen, weld, gas-cut, solder, grind or char, subject to containment requirements, including:

a) a shield or guard of fire resistant material is placed or erected in such a way as to prevent the emission of sparks, hot metal or slag from the fire;

b) the area for a radius of at least 1.5 metres from the operation is clear of all flammable material or wetted down sufficiently to prevent the spread of fire;

c) there is available for immediate use in the event of the fire a reticulated water supply or an effective water spray pump of the knapsack pattern with a tank capacity of not less than nine litres and fully charged with water; and

d) cut-offs and electrode stubs from the operation are placed directly in a fire proof receptacle; or

to burn sawmilling by-products, subject to regulatory requirements;
for the purpose of burning excess or unused gas in relation to an industrial or commercial undertaking, subject to the following requirements:

a) the burner is maintained so that no accretion of carbon or flammable material occurs on or within the burner; and

b) the base of the burner and the area around the burner is kept clear of flammable material for a distance of three metres or to the height of the burner (whichever is greater) around the perimeter of the burner; or

to train fire fighters, subject to the following requirements:

a) the training takes place at a designated venue approved by the Chief Officer (a CFA officer designated as Chief Officer of all urban and rural brigades); and

b) has been approved by the Chief Officer.

Duties on landowners during fire danger periods

In addition, there are a number of duties for landowners during fire danger periods. When land is burning, the landowner must take the following steps:

upon learning of the fire, attempt to extinguish it;
if unable to extinguish the fire, then if practicable means of communication are available, then immediately inform the nearest officer, brigade member, forest officer or police officer; and
continue to attempt to extinguish the fire.

It is an offence to fail to comply with these duties. Failure to comply may result in a fine of approximately $5000 and/or imprisonment for 12 months.

Lighting fires in the open

There are a variety of different offences relating to lighting fires in the open air. If a fire is outside of a permanent structure then it is also 'in the open air'. A permanent structure is anything with four walls and a roof. It includes caravans. Tents are not permanent structures.

During a fire danger period

A number of activities are prohibited when a fire danger period is in effect. The penalty for each of these activities is a fine of approximately $5000 or imprisonment of 1 year, or both.

Prohibited activities include:

after starting a fire or being put in charge of a fire, leaving it without extinguishing the fire or leaving another person in charge of it;
throwing on the ground any lighted tobacco products, matches or other burning materials;
putting blow lamps, gas torches, matches, phosphorous substances, explosives or combustibles where the sun’s rays, friction or other natural causes may cause them to explode or cause a fire, or if otherwise a fire may start; and
failing to inform the authorities (nearest available officer, member of a fire brigade, forest officer or the police) upon finding a fire.

See also ‘Duties on landowners during fire danger periods.’

High fire risk activities

High fire risk activities in the open air in country areas are only allowed if the CFA permits them. See www.cfa.vic.gov.au or contact the CFA at 1 800 240 667 for further details on high fire risk activities.

A fine of approximately $5000, imprisonment of 1 year, or both may be imposed for violations.