Lighting Fires in Queensland
The Fire and Rescue Service Act 1990 is the principal legislation that deals with lighting fires in the open in Queensland. The Act provides a systematic approach to the authorised use and control of fire in the open and for fire prevention.
The Fire and Rescue Service Act 1990 makes it illegal to light a fire without a ‘Permit to Light Fire’ issued by a fire warden. Under nuisance provisions of the Local Government Act 2009 a local government may also have in place a local law restricting or prohibiting the lighting of a fire in part or all of the local government area.
Obtaining a Permit to Light Fire
An application for a ‘Permit to Light Fire’ is made through your local fire warden. Contact details for fire wardens are available through the Fire Warden Finder and the ‘Application for a Permit to Light Fire’ form can be downloaded here. Following receipt of your application the fire warden may impose conditions on a permit to reduce unwanted risk or nuisance to other people, property or to the environment. The fire warden may refuse to issue a permit if they believe that appropriate safety measures cannot be reasonably achieved.
A Notification issued under the Fire and Rescue Service Act 1990, does allow certain fires to be lit without the need to obtain a permit, except if the fires are not permitted under a local law or other legislation. If there is a local law in your local government area prohibiting the lighting of fires, a permit will not be issued by the fire warden unless you have obtained the written permission of the local government.
Fire Danger Period
A Fire Danger Period can be declared by the Commissioner of the Queensland Fire and Rescue Service (QFRS) during parts of the year when conditions make the control and management of fires difficult and communities are at increased risk of bushfire. During a Fire Danger Period there are some changes to the requirements for issue of a permit and to those fires that may be exempt. A declared Fire Danger Period is advised through local media and on the Rural Fire Service website www.ruralfire.qld.gov.au. For more information see the Fire Danger Period page.
Fires that do not Require a Permit
Fires that are exempt from requiring a Permit to Light Fire are:
• Fires that are less than 2 metres in any direction.
Note: These fires are not exempt during any Fire Danger Period and a permit must be obtained from a fire warden.
• Fires lit outdoors in a properly prepared fireplace for the purpose of cooking (e.g. BBQ and camp fires). In this instance it is the responsibility of the person lighting or maintaining the fire to ensure adequate precautions are taken to prevent the spread of fire.
• Certain fires used by primary producers and for industrial purposes.
Most local governments provide alternative methods (other than fire) for the disposal of vegetation and waste materials such as refuse collections or disposal of green waste at a council recycling centre. Contact your local government for more information.
Breaches
Anyone found responsible for lighting fires without a permit where one was required, can be prosecuted. Prosecution can also occur if a person is found responsible for lighting a fire that breaches local law or the Environmental Protection Act 1994.
Fire Emergencies
If there is a high fire danger in part or all of the State, the Commissioner QFRS may issue a Local Fire Ban restricting certain fires in all or part of the State.
When a Local Fire Ban is issued, no fires may be lit other than those specifically referred to in the Fire Ban Notice and in the circumstances described in the Fire Ban Notice.
The declaration of a State of Fire Emergency imposes similar or increased restrictions and prohibitions on lighting fires to a Local Fire Ban however, carries significantly increased penalties.
Local Fire Bans and a State of Fire Emergency are advised through local media, on the Rural Fire Service website at www.ruralfire.qld.gov.au and on the Fire Ban Information Line on 1800 020 440.
