Tree waste rules in Western Australia: prohibited and restricted burning times, burn permits and the Bush Fires Act 1954

This page reports what the official source says. It is not legal advice: ask the office named here. It follows the Bush Fires Act 1954 official version marked as at September 1, 2022 on the Western Australian Legislation site, and two Department of Fire and Emergency Services (DFES) documents. All dollar amounts are Australian dollars.

Prohibited burning times

According to the Bush Fires Act 1954, section 17 lets the Minister declare by Gazette notice the times of year during which it is unlawful to set fire to the bush in a zone of the State. The FES Commissioner can vary those times for a year, and a local government can vary them for its district after consulting an authorised officer where forest land is involved, but cannot shorten or suspend them by more than 14 successive days. Setting fire to the bush during prohibited times is an offence with a penalty of AU$10,000 or 12 months imprisonment or both.

Restricted burning times and the permit

Section 18 lets the FES Commissioner declare restricted burning times. The Act says nothing in the section authorises burning during prohibited times. In restricted times a person may not set fire to the bush unless they hold a written permit from a bush fire control officer of the local government for the district, or from its chief executive officer if no officer is available, and comply with the prescribed conditions. The person issuing the permit can add requirements and directions or modify the prescribed conditions. Section 18(11) makes a person whose fire escapes liable to repay a local government the expenses of its bush fire brigade, up to AU$10,000. A breach of section 18 other than that subsection is an offence with a penalty of AU$4,500 for a first offence and AU$10,000 for a second or later offence.

Garden refuse at rubbish tips

Section 24E bars burning garden refuse at a rubbish tip during the limited burning times for the area unless it is done under a Gazette notice by the Minister, with a penalty of AU$10,000.

What DFES says

In the Burn SMART guide, published in April 2021 for small landholders, DFES says local governments run the periods of restricted, prohibited and unrestricted burning for set times of the year, and that during the restricted period a burn permit must be obtained before any burning. It says local governments also declare harvest and vehicle movement bans, and planned burning may be prohibited under environmental health regulations. It adds that DFES may declare a Total Fire Ban for local government areas, which prohibits lighting any fire in the open air, and that Fire Danger Ratings can override permits and burning periods.

The DFES planned burning page says landholders manage fuel loads under their local government's regulations and requirements, and tells readers to contact the local government for fire notice information, including burning restrictions and conditions. It says the Burn SMART resources are written for properties of two hectares or less in the Jarrah Forest, Swan Coastal Plain and Warren regions.

For other places see the table on tree waste and chip rules. A neighbouring state is on the South Australia page.