Clean Air Regulation 2010

2010 Notice of Approval Rural Areas and Villages

Hawkesbury City Council hereby grants general approval for the pile burning of dead and dry vegetation grown on that property, in the open, on land which is 4,000 square metres (one acre) or greater and/or is designated as an Extreme Risk under the Hawkesbury Bush Fire Risk Management Plan.

  1. Properties in Bowen Mountain, Tabaraga Ridge - Kurrajong Heights, "The Islands Estate", Blaxlands Ridge, Lower Portland, Colo Heights and Yarramundi are designated as extreme risk. In all circumstances Council should be contacted to confirm the individual property is designated Extreme Risk and to check whether any other approvals are required.

The approval remains in force from 9 November 2015 to 9 November 2020. It is limited by the following prohibitions and conditions:

It is prohibited to burn

  1. For the purposes of bush fire hazard reduction. Bush fire hazardreduction burns are not covered under this Notice. Such burns need to be assessed and approved under the Rural Fires Act 1997 and residents should apply to the relevant local authority.
  2. Without the approval of the NSW Fire Brigade throughout the year in the following areas: McGraths Hill, Windsor Downs, Bligh Park, South Windsor, Windsor, Vineyard, Clarendon, Richmond, and North Richmond.
  3. Without the approval of the Rural Fire Service between 1 October to 31 March or until the commencement of the Bush Fire Season if declared earlier.
  4. Ecological/bush regeneration burns to be carried out in vegetation which is listed as an Endangered Ecological Community (EEC) or which is habitat for threatened species will require a licence from the Department of Environment, Climate Change and Water (DECCW). See the DECCW website for further information about threatened species and EECS  and for a licence application form.

This approval does not include:-

  1. The burning of other matter other than dead and dry vegetation grown on the property;
  2. The burning of vegetation resulting from land clearance. Development consent is required for the clearing of native vegetation which can be obtained from Council;
  3. The burning of vegetation which has been cleared for commercial development or building construction as development consent must be obtained from Council;
  4. The removal of dead or dying trees as written notification needs to be provided to Council under its Tree Preservation Order; and
  5. The removal or burning of any native vegetation that comprises an EEC or habitat for threatened species which requires assessment and approval under the Rural Fires Act.
  

The approval is granted subject to the provisions of the Protection of the Environment Operation (Clean Air) Regulation 2010 and to the following conditions:

  1. Pile burning of dry and dead vegetation should NOT be seen as the best method for disposing of dry and dead vegetation. Alternative means of disposal such as re-use; recycling; composting; disposal through Council's waste service, kerbside collection service or waste management facility; should be thoroughly investigated and are the preferred disposal methods.
  2. Only dry and dead vegetation originating on a property that is included in this approval shall be burnt on that property. Burning is to be conducted in accordance with the NSW Rural Fire Service "Standards for Pile Burning" February 2006;
  3. Burning must at all times be carried out by such practical means as are necessary to prevent or minimise air pollution. The potential for smoke impacting on any person due to wind direction and weather conditions must be taken into account.
  4. In the event of a Total Fire Ban being declared, this approval is suspended. Any existing fire is to be extinguished and cannot be re-commenced until the Total Fire Ban is lifted.
  5. In the event of a No Burn Day being declared by the EPA, this approval is suspended for the duration of the declaration. When a "No Burn" notice is issued, it applies to the lighting of new fires in the declared areas. Existing fires should be allowed to continue as extinguishing the fire will result in more smoke. "No Burn Notices" are notified in the Public Notices section of the Sydney Morning Herald not later than on the day on which the order is to take effect. Recorded information about "No Burn Notices" is usually available from 4pm the day before the notice comes into effect and can be accessed by calling ph: 131 555 or is available on the Department of Environment, Climate Change and Water (DECCW) website.
  6. Adjoining neighbours and people likely to be affected by smoke are to be notified at least 48 hours before the fire is lit. This will allow for smoke-sensitive people such as asthmatics, to plan to be away from the area when the burn is conducted.
  7. Written notice is to be given to the Hawkesbury Rural Fire Service at least 24 hours prior to the burn. (The Rural Fire Service will require additional time during the Bush Fire Season). Such notice must specify the location, purpose, period and time of the fire proposed to be lit. Contact details include email 'pileburnhawkesbury@rfs.nsw.gov.au'
  8. A responsible supervising adult over the age of eighteen shall be on site at all times with enough water to extinguish the fire, if required, for that time the fire is active.
  9. Burning shall only be conducted between the hours of 8.00am and 5.00pm on any day.
  10. Any residue waste from the burning must be disposed of in an environmentally satisfactory manner and in accordance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996". On completion of the burn, the burnt area must be maintained in a condition that minimises or prevents the emission of dust from the area and prevents sediment or ash from fires being washed from the area into waters.

Failure to comply with this approval may result in an On The Spot fine of $500.00 for an individual or $1,000.00 for a corporation. In the event of prosecution, the maximum penalty is $5,500.00 for an individual and $11,000.00 for a corporation.

If you do not comply with the conditions specified above you are not permitted to burn without separate approval being issued by Council and/or the local Rural Fire Service authority.

For further information please contact:

Hawkesbury City Council
Regulatory Services
PO Box 146
Windsor NSW 2756

Ph: (02) 4560 4444
Fax: (02) 4560 4400
Email: council@hawkesbury.nsw.gov.au

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