Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_23b
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 23B
Character Range: 349844–352169

23B  Burning green waste
 (1) A person must not burn green waste in the open air in an area except in accordance with:
 (a) the requirements in subsection (3) or (5); or
 (b) a direction under subsection 25(1); or
 (c) subsection 19(2) (power to light fire on land); or
 (d) the Public Reserves Act 1997 or the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).
Penalty: 30 penalty units or imprisonment for 1 year, or both.
 (2) Subsection (1) does not prohibit burning green waste for a purpose other than disposing of the waste.
Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.

Requirements for burning green waste other than in an incinerator
 (3) The requirements of this subsection are:
 (a) either:
 (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or
 (ii) the volume of green waste burnt must not exceed 4 cubic metres; and
 (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and
 (c) the fire must not be lit, used or maintained in a Commonwealth reserve or a public reserve; and
 (d) a person who is 18 or older must attend the fire at all times while it is alight; and
 (e) the green waste must not be burnt during a total fire ban or fire danger period in the area.
Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.
Note 2: Owner includes occupier: see section 5.
 (4) Notice for the purposes of paragraph (3)(b) does not have to be in writing.

Requirements for using an incinerator to burn green waste
 (5) The requirements of this subsection are:
 (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and
 (b) the incinerator must not be in a Commonwealth reserve or a public reserve; and
 (c) the green waste must not be burnt during a total fire ban in the area.

Division 4—Obligations relating to fires at all times