The following extract is from Council’s Environmental Health By-Law No. 1 of 2017. This extract relates to Part 4 – Control of Incinerators and Open Air Burning.

PART 4 – CONTROL OF INCINERATORS AND OPEN AIR BURNING

1. Interpretation of Part 4

In this Part 4 –

‘barbecue’ means any device, structure or equipment used or adapted for use for the cooking of food for human consumption in the open air;

‘incinerator’ includes any fireplace, fire pot, construction or container not housed inside a building, which is used for the purpose of burning any flammable material and which is not licensed under the provisions of the Environmental Management and Pollution Control Act 1994 (Tas), but does not include a barbecue being used for any bona fide purpose in connection with the cooking of food for human consumption;

‘Building Code of Australia’ means the code produced by the Australian Building Code Board relating to the design and construction of buildings; and

‘open-air fire’ means any fire that is conducted outside a building, including a fire conducted in a garden, yard, alley, field, park, industrial site, construction site, building lot, parking lot, street or other open place.

2. Fire Services Act 1979 (Tas)

For the avoidance of doubt, the provisions of Part 4 of this By-law are in addition to, and not in derogation of, the provisions of the Fire Service Act 1979 (Tas) and all regulations thereto.

3. Incinerator construction

A person must not operate an incinerator unless the incinerator:

• is constructed of a suitable non-combustible material, including but not limited to brick, concrete, metal, or any combination of same;
• is fitted with a lid or other form of spark arrestor which must be in active use during the burning of materials; and
• is in a state of repair which, in the opinion of an Authorised Officer, is suitable for the safe burning of materials.

Penalty: Fine not exceeding 12 penalty units.

4. Location of incinerator and open-air fire

A person must not operate an incinerator or light an open-air fire:

• within two (2) metres of any neighbouring property boundary; or
• within ten (10) metres of the external wall of any structure, including but not limited to a dwelling or outbuilding; or
• in any location where vegetation overhangs or is otherwise situated above the incinerator or the open-air fire.

Penalty: Fine not exceeding 12 penalty units.

5. Supervision of fires

A person must not, on land with an area which is less than two thousand (2000) square metres, leave unattended an active incinerator or an open-air fire unless it has been completely extinguished.

Penalty: Fine not exceeding 12 penalty units.

6. Capacity to extinguish fire

A person must not:

• operate an incinerator or light an open-air fire; or
• allow an incinerator to be operated or an open-air fire to be lit on that person’s land,

unless a suitable means of extinguishing the relevant fire is available, including but not limited to a hose which is connected to a water supply and capable of reaching the relevant fire.

Penalty: Fine not exceeding 12 penalty units.

7. Burning of green vegetation

A person must not, on land with an area which is less than two thousand (2000) square metres, in an incinerator or in an open-air fire, burn green vegetation.

Penalty: Fine not exceeding 12 penalty units.

8. Time restrictions

Notwithstanding any other provisions of this By-Law to the contrary, a person must not light or allow to be lit or to remain alight any incinerator or open-air fire on land with an area which is less than two thousand (2000) square metres on any day or time other than Monday, Wednesday or Saturday between the hours of 10 a.m and 4 p.m.

Penalty: Fine not exceeding 12 penalty units.

9. Extinguishing fires

• Any person who is burning any material in contravention of this By-Law must not fail to extinguish the relevant fire where directed to do so by an Authorised Officer.

Penalty: Fine not exceeding 12 penalty units.

• An Authorised Officer may undertake or coordinate the extinguishing of any fire which is the subject of a direction given under clause 20(a) of this By-Law where the relevant direction is not complied with within a reasonable time.
• The Council may recover all costs incurred by it as a result of any action taken pursuant to clause 20(b) from the person who failed to comply with the relevant direction given pursuant to clause 20(a).

A full copy of the Environmental Health by-law can be download here

Carols By Candlelight

Under the Public Health Act 1997, the Director of Public Health has the authority to designate classes of public events as smoke-free. The Director has used this authority to declare all carols by candlelight events as smoke-free from 1st November 2012.

Banning smoking at carols by candlelight events will help to de-normalise tobacco to children at an event predominately attended by families with children. Smoking is less likely to be considered the norm when it is removed from busy public areas, particularly where there are young people. It also protects the health of non-smokers, including staff and patrons from exposure to harmful second-hand smoke and supports smokers by making it easier to quit or remain quit.

Selected Markets and Festivals

From 2^nd January 2013 selected markets, food and wine and music festivals are to be smoke-free or have designated areas for smoking.  Events in the Brighton Municipality to which this will apply as of 2 January 2013 are:

The Brighton Show

For further information regarding Smoke-Free Public Events within the Brighton Municipality, please contact the Brighton Council Environmental Health Department on (03) 6268 7000 or please consider the weblinks below;

Additional External Links:

Smoke Free Public Event Guide for Event Organisers

Smoke Free Management Plan Application Form

Tobacco Control Resources

New Air Quality Regulations

Recently, the Department of Tourism, Arts and the Environment released new legislation dealing with backyard burning; wood heater smoke; and the importation, manufacture and sale of woodheaters.

Following, are 3 Pamphlets which may assist explaining the intent of the legislation and contain a summary of the requirements.

Backyard Burning Pamphlet

Wood Heater Emissions Pamphlet

Asbestos Pamphlet