The prevention of air pollution in the Hilltops Local Government Area is regulated under the Protection of the Environment Operations (Clean Air) Regulation 2022.
Smoke pollution is a serious irritant that can aggravate existing heart and lung problems like emphysema and asthma. It can also cause:
- breathing difficulties and respiratory illnesses like bronchitis,
- headaches, tiredness,
- chest pain,
- itchy or burning eyes and throat irritations, and
- decreased lung function in children.
Therefore, it is important to ensure that you do not cause smoke pollution where it can be of an impact to air quality, another human’s health or amenity, or impact neighboring properties as specified in the POEO (Clean Air) Regulation 2022.
Council discourages the burning of vegetation in urban areas to minimise fine particulate air pollution and recommends utilising the garden organics (green) bins for disposal if you reside in Harden or Young. If you are a Boorowa resident, you can take your green waste to the Boorowa waste facility. It is also helpful to remember that you can utilise vegetation for mulching, composting or using as fuel in your wood combustion heater as alternatives to burning it.
What can I burn?
Part three of the Protection of the Environment Operations (Clean Air) Regulation 2022 – NSW Legislation allows the burning of dry vegetation in the open or in an incinerator as long as its done in a manner that minimizes air pollution and does not impact any person, neighbouring property or traffic. It is a requirement to ensure you only burn dry vegetation and no other materials. Special consideration must be given to the following to minimise air pollution and ensure the smoke does not impact on surrounding properties or traffic:
- Wind speed and wind direction,
- Weather conditions,
- Length of time the materials will take to burn,
- Proximity to neighbouring properties, and
- Likelihood of smoke affecting adjoining properties/residents.
Vegetation includes dry untreated timber. Green vegetation must not be burned as it will increase the smoke load. If you are unsure of what is classified as vegetation, please contact Council.
All other feasible reuse, recycling or other alternative methods of disposal should be considered prior to burning vegetation. Is any of the vegetation capable of being reused or recycled through mulching, composting, milling, use as fuel for heating purposes etc?
All fires must be attended by a competent person for the duration of the burning activity and have sufficient firefighting resources on hand to safely maintain the fire. During the bushfire danger period, no fires are to be lit. Generally, this will run from 1 October to 31 March each year but may vary.
Penalty infringement notices may be issued if anything is burned that causes air pollution or impacts on the health or amenity of surrounding neighbours.
What can’t I burn?
You are not allowed to burn the following items in the Hilltops Local Government Area:
- Building materials
- Domestic waste
- Tyres
- Pallets (may be contaminated with chemicals)
- Coated wire
- Treated Timber with copper chromium arsenate (CCA) or pentachlorophenol (PCP)
- Paints or chemical containers, or anything with residues
- Household items such as furniture, carpet, mattresses
Do I need approval from Council?
Part 3 in Schedule 1 of the POEO (Clean Air) Regulations only allows the burning of dry vegetation without having to obtain prior approval from Council. In certain situations approval may be required from the RFS or NSW Fire & Rescue, or the NSW Environment Protection Authority (NSW EPA).
A person must not, in a local government area specified in Part 3 of Schedule 1, burn anything other than vegetation, in the open or in an incinerator, except in accordance with an approval. If you are unsure if you require approval please contact Council for more information.
If you receive approval to burn, you must still remember to:
- Check with Rural Fire Service and EPA whether any fire or other restrictions are in force for the period you plan to burn,
- Prevent or minimize air pollution and impact on surrounding neighbours & traffic, and
- Never burn toxic items such as tyres, coated wire, paint and solvent containers and treated or contaminated timbers.
Do I need a permit from the Rural Fire Service (RFS)?
A fire permit is required from the RFS for all fires during the Bushfire Danger Period and depending on the type of fire, other times of the year as well. The bushfire danger period generally runs from 1 October to 31 March each year but may vary due to local conditions. Contact the local South West Slopes office of the Rural Fire Service for more information on bushfire danger periods or permits to burn on (02) 6386 3170.
Useful Links
- Protection of the Environment Operations (Clean Air) Regulation 2022
- Open burning – reducing air pollution from fires (EPA)
- NSW Rural Fire Service – Plan and Prepare
- NSW Rural Fire Service – Fires near me
- Fire Danger Ratings and Total Fire Bans
- Fire Permits
Further Information
Contact Council on 1300 445 586 or mail@hilltops.nsw.gov.au if you have any further enquiries relating to burning of open fires.