Tree waste rules in South Australia: burning in the open, council permits and the Country Fire Service pile burning code

This page reports what the official source says. It is not legal advice: ask the office named here. It follows two documents from the South Australian Environment Protection Authority and the Country Fire Service Vegetation Pile Burning Code of Practice. All dollar amounts are Australian dollars.

Who decides

According to the EPA page on burning in the open, burning in the open, which includes burning in a domestic incinerator, is managed by the local council under the Local Nuisance and Litter Control Act 2016 and the Environment Protection (Air Quality) Policy 2016. The EPA says councils decide the approach for their area. Under the Policy a permit can be a written notice to one person, or a notice published in a local newspaper and on the council website, so a council can regulate tree and forestry waste burning with a general notice instead of single permits.

Inside metropolitan Adelaide and townships

The EPA lists the purposes for which burning in the open is allowed inside the metropolitan area and townships under clause 5 of the Policy. They are preparing food or drink, heating an outdoor area in a brazier, chiminea or fire pit using charcoal only, fire prevention or control, disposal of agricultural or forestry waste, and other purposes. The last three need council approval, by permit or general notice. The EPA's leaflet on the laws for burning in the open adds the note that in many councils permits will not be issued.

Outside metropolitan Adelaide and townships

For the same clause 5, the EPA says outside the metropolitan area and townships no permit is needed for fire prevention or control, or for disposal of agricultural or forestry waste. Burning for those two purposes is to follow the relevant Country Fire Service codes: the Vegetation Pile Burning Code of Practice for fire prevention, and the Broad Acre Burning Code of Practice for agricultural and forestry waste where it applies. Heating fires can use charcoal, dry timber or other plant matter, and recreational fires such as campfires are listed. Any other purpose needs council approval.

The Country Fire Service code

In the Vegetation Pile Burning Code of Practice, dated April 2015, the Service defines vegetation pile burning as burning heaped or piled vegetation, and says that does not include burning rubbish or domestic waste. It covers burning outside the declared Fire Danger Season only. It does not apply to commercial forestry, horticultural or viticultural operations. The code says the dates of the Fire Danger Season are set each year for each of the 15 Fire Ban Districts and generally fall between November 1 and April 30. Burning in the Season, and on a Total Fire Ban day, falls under the Fire and Emergency Services Act 2005. The EPA leaflet says a person who needs a fire in the open in that period or on a Total Fire Ban day may need a separate permit under that Act, and where one is issued the Air Quality Policy does not apply.

Where the Policy does not apply, and the fine

The EPA says the Air Quality Policy does not apply to burning done under the Fire and Emergency Services Act 2005, the National Parks and Wildlife Act 1972, the Wilderness Protection Act 1992, the Crown Land Management Act 2009, the Forestry Act 1950 or the Native Vegetation Act 1991. The leaflet says that burning without a required permit breaks the law and carries a fine of AU$300 under section 34 of the Environment Protection Act 1993, issued by council compliance staff or South Australia Police.

For other places see the table on tree waste and chip rules. A Canadian comparison is on the Alberta page.