Section 35 of the Bushfires Act states:

35. Setting fire to bush

A person shall not set fire to any bush or other flammable material on land within a fire protection zone except with and in accordance with the terms of a permit.

Penalty: $25 000 or imprisonment for 5 years.

What this means for rural landowners is that if your property is within a fire protection zone you can’t burn your land, or even burn off that pile of logs or rubbish without first getting a permit from a fire warden.

There are some fires you can light without a permit. Section 38 of the Bushfires Act states:

38. Conditions for small fires

A person shall not light or use a fire in the open for the purpose of camping, cooking, boiling water or disposing of the carcass of an animal unless –

(a) the nearest flammable matter to the fire is not less than 4 metres distant from the fire; and

(b) such other conditions in relation to the lighting or use of the fire as are prescribed are complied with.

Penalty: $5 000 or imprisonment for 2 years.

Permit to Burn

Permits are available from fire wardens, who are usually your local volunteer bushfire brigade Captain and one, or maybe two other members. Bushfires NT Regional Fire Control Officers (RFCO) are also fire wardens.

This may vary with regions, but the usual process in Volunteer Brigade areas for getting a permit follows:

1. Ring your local volunteer bushfire brigade or RFCO to request a permit to burn. (Phone numbers are on individual Volunteer Brigade pages and Bushfires NT page)
2. A fire warden should then visit your property to inspect the area to be burnt, ensuring there are adequate fire breaks and that you have sufficient resources to safely manage the planned fire.
3. If satisfied, a permit will be issued.

The Act makes no distinction about the time of year, so you still need a permit in the middle of the wet season, regardless how damp the bush may be.

A permit may be varied or revoked orally by an FCO or fire warden and not necessarily by the person who issued the permit. Permits are automatically revoked on fire ban days.

If a request for a permit is refused the FCO or fire warden must give reasons in writing in accordance with Section 8 of the Bushfires Regulations. You may appeal this decision to the Director within seven days. The Director must then consider the appeal and direct the FCO to either issue a permit or to uphold the refusal.

You must comply with all conditions stated on the permit and give all neighbours adjoining the land on which the fire is to be lit 48 hours notice of your intention to burn.

You should also contact your local volunteer bushfire brigade or FCO immediately prior to lighting up. Not all wardens are good communicators and it could save you being invaded by fire units with flashing lights and sirens.

NTFRS have a cut-off date for the issue of permits which is widely advertised and mistakenly believed to cover the whole of the Darwin rural area, but only applies to the NTFRS area on the Fire Protection Zone map. Bushfires NT do not have a cut-off, but you are unlikely to get a permit in the Darwin rural area from about July on, unless the weather permits. It is usually too dry and windy by then and even volunteer brigades, with all their combined resources, cease burning because of the danger. However, no two seasons are the same and this will vary year to year.

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You can’t just go to work the next day leaving the still smouldering bush to its own devices. Section 40 of the Bushfires Act states:

40. Fires not to be left

(1) A person shall not leave a fire in the open which he has lit or used unless he has thoroughly extinguished it.

Penalty: $25 000 or imprisonment for 5 years.

(2) It is a defence to a prosecution for an offence against subsection (1) that the defendant had, before leaving the fire, arranged with a responsible person who also used the fire to remain at the place where the fire is and not leave it unless that person has –

(a) thoroughly extinguished the fire; or

(b) made a similar arrangement with another responsible person who used the fire.

External links:

Bushfires Act

Bushfires Regulations