Roadside burns have been used extensively for fire prevention programs. However, many roadsides also have high conservation values and are protected under various Commonwealth and Victorian laws.

For example, conservation values of national significance are protected under the Environment Protection and Biodiversity Conservation Act 1999(Cth). Actions likely to endanger species or communities of national significance must have the approval of the Commonwealth Environment Minister.

Under the Flora and Fauna Guarantee Act 1988(Vic), activities on public roadsides which may affect protected flora may require a permit from the Department of Sustainability and Environment.

Under the Planning and Environment Act 1987(Vic), Native Vegetation Clearance Controls are included in all planning schemes to restrict the removal of native vegetation except by Council permit. Exemptions from gaining a permit under this legislation may be allowed if the proposed clearance relates to firefighting measures, periodic fuel reduction, other fire prevention works or as allowed by fire prevention notices. The exemptions impose specific conditions and requirements and should be referred to for further details. The exemptions are generally provided for in clause 52.17 of a planning scheme. Exemptions also apply to works carried out in accordance with the Code of Practice for Electrical Line Clearance prepared under section 65 of the Electricity Safety Act 1988(Vic).

See further the chapter entitled ‘Native Vegetation’.

The CFA has issued Roadside Fire Management Guidelines to assist all those who have a legal responsibility to maintain highways, roads, streets or other thoroughfares. That responsibility would include minimising the danger of the spread of fires on or from them.

These Guidelines are organised around five objectives.

1. Preventing fires on roadsides

2. Containing roadside fires

3. Managing safety of road users

4. Providing control lines

5. Recovering from roadside fires

The guidelines may be downloaded from: www.cfa.vic.gov.au