The first step is to check the Current Fire Bans page for any fire restrictions imposed by Queensland Fire and Emergency Services.

In Queensland, the Fire and Emergency Services Act 1990 is the principle legislation that deals with lighting fires in the open. The Act provides a systematic approach to the authorised use and control of fire in the open and for fire prevention.

The Act makes it illegal to light a fire without a 'Permit to Light Fire' issued by a Fire Warden, or other notification issued by the Commissioner Queensland Fire and Emergency Services. There is a current notification in force for certain fires under 2 metres in any dimension as outlined below:

“Provided that adequate precautions are taken to prevent the spread of fire, and the lighting of the fire conforms with any Local Law defined for a part of the Local Government Area administered by a Local Government in whose jurisdiction it is proposed to light  the fire, or the provisions of the Environmental Protection Act 1994, the following fires may be lit without a Permit to Light a Fire being issued by a Fire Warden.

  1. a fire in which neither the height, width nor the length of the material to be consumed exceeds 2 metres;
  2. a fire lit for the purpose of burning the carcass of a beast;
  3. a fire lit at a sawmill for the purpose of burning sawdust or other residue resulting from the operations of a sawmill;
  4. a fire lit out-doors for the purpose of cooking, if enclosed in a fireplace so constructed as to prevent the escape of fire or any burning material there from;
  5. a cane fire may also be subject to a notification and may be lit under certain conditions. Please read the Cane Burning Notification (PDF, 643.5KB) to find out about eligibility and burning conditions needed to comply with this notification.”

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. Check the Local Laws database for information about local laws that affect your Local Government Area, or visit your local council’s website.

Obtaining a Permit to Light Fire

​​​​​An application for a ‘Permit to Light Fire’ is made through your local Fire Warden. 

When considering 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 also refuse to issue a permit if they believe that appropriate safety measures cannot be reasonably achieved.

A notification issued under the Fire and Emergency Services 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.

Fires that do not require a permit

Provided adequate precautions are taken to prevent the spread of fire, the following fires may be lit without a permit except where such fires are not allowed under a local law for part or all of a local government area:

  • A fire in which neither the height, width nor length of the material to be consumed exceeds two metres;

  • A fire lit outdoors for the purpose of cooking and warmth, if enclosed in a fireplace that is constructed to prevent the escape of fire or any burning material;

  • A fire lit for the purpose of burning the carcass of a beast;

  • A fire lit at a sawmill for the purpose of burning sawdust or other residue resulting from the operation of a sawmill; or

  • A cane fire may also be subject to a notification and may be lit under certain conditions. Please read the Cane Burning Notification (PDF, 643.5KB) to find out about eligibility and burning conditions needed to comply with this notification.

If you are uncertain whether the above situations apply to you or whether you need a permit, please contact your local Fire Warden for further clarification.

​Note: 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.

How to apply for a Permit

​Please download this brochure​​​​ (PDF, 1.62MB) for information on how to apply for a Permit to Light a Fire.

Follow these steps before submitting your application.

  • Contact your local council to see if you can have a fire and if so, do you require written permission from the council.

  • Contact the owners/occupiers of the land adjoining the property where you wish to light a fire and advise them of your intention to apply for a permit.

    • 72 hours notification may be seen as a reasonable amount of time in populated areas, however this timeframe may not be appropriate in rural primary production areas. The timeframe is at the discretion of the Fire Warden.

    • Record the time you contact them on the application form and also note if they have or have not objected.

    • If the neighbours do have an objection, they should contact the local Fire Warden.

    • If you cannot contact the owners/occupiers, note this in the application form.

  • Complete both sides of the application form. 

  • Contact your local Fire Warden to submit your application.

Application

Obligations and Responsibilities of Permit Holders

We encourage anyone who already has a permit, or is considering using fire within Queensland to read this brochure (PDF, 1.57MB) outlining the obligations and responsibilities associated with the use of a QFES Permit to Light Fire (permit).

Background

The Fire and Emergency Services Act 1990 identifies that it is illegal to light a fire in the open in Queensland without a permit, although there are some exemptions. These exemptions can be found in the additional references listed at the end of the brochure.

Lighting a non-exempt fire without a permit can attract serious penalties including on the spot fines or prosecution. The gravity of these penalties indicate how serious the Queensland Government is about ensuring the use of fire is authorised, used safely and in such a way that it doesn't adversely impact you or the community.

When issued with a permit, permit holders are placed in a position of trust by QFES and are expected to understand and meet their responsibilities and obligations. Using a permit automatically indicates acceptance of those responsibilities and obligations.

YOUR FIRE, YOUR RESPONSIBILITY

What do I need to know?

The permit

A permit is a legal document and can only be issued by a Chief Fire Warden or a Fire Warden in their area of responsibility. It authorises a person to light, maintain and use a fire only on the land described on the permit, during a set period of time and in accordance with the conditions on the permit, as identified by the Fire Warden.

A permit is only issued by a Fire Warden if they agree that the:

  • permit holder has confirmed there are no local laws or other restrictions which prohibit the lighting of a fire on the subject land,

  • permit holder has sufficient knowledge and experience to manage the fire/s described on the permit,

  • measures put in place will enable the use of fire to undertake the task required without adverse effect on life, property or the environment.

Permit holders:

  • must have the permit in their possession before lighting the fire,

  • must comply with all conditions on the permit, and

  • cannot alter anything on a permit without the consent of the Fire Warden.

Protection from liability

Under the Act, if a person complies with the conditions and directions contained within the permit, the person will not incur any liability at common law for any loss, injury or damage caused by the fire, unless it can be shown that the person acted recklessly or maliciously. 

Who do I need to notify?

Your neighbours

If you have been issued with a permit, you should have already notified your neighbours of your intention to apply for a permit to have a fire. This should have been done in enough time for them to object, make arrangements, or ask for you to conduct the fire in such a way that the impact on them is minimal.

72 hours is seen as a reasonable time to notify a neighbour of your intention to apply for a permit, however this can be at the discretion of the Fire Warden who may determine if a lesser or greater notification time is required.

Remember – although you have a right to apply for a fire permit and if granted, light a fire, your neighbours also have the right not to be affected by that fire.

Unless the Fire Warden changes the requirement on your permit, you also need to contact:

The local QFES Fire Communications Centre (Firecom)

You'll need to contact Firecom just before you light the fire (the Fire Warden will write the number on the permit). Firecom is responsible for taking reports of fires, e.g. 000 (triple zero) calls and requesting QFES resources accordingly. They need to know of any planned fires in an area to avoid unnecessary responses.

The local fire brigade 

They are likely to be the first response unit that becomes aware of the fire.

​Your Fire Warden may also stipulate on your permit that you are to notify certain parties of when you intend to light. If this is the case, you are obligated to do so.

When to light?

Under the Act, lighting a fire also means to maintain and use a fire. This means conditions on the permit apply for the entire time the fire is alight.

To ensure that you maintain control throughout the burn, you need to be aware of the weather conditions for the duration of the planned fire, not just at the time of lighting. For example, if the permit identifies that the fire cannot be lit if the wind exceeds 15 kph and if the wind is from the west, then these conditions must apply throughout the duration of the fire.

Permit holders should check the weather forecast prior to lighting to ensure the current and forecast conditions will not be outside those prescribed by the Fire Warden on the permit. You cannot control the weather, but by checking the conditions, you have the best chance of adhering to the requirements of the permit.

There are a number of useful weather sites on the internet, some of which provide daily forecasts (up to four days ahead) showing the temperature, relative humidity and wind strength and direction. A good site to obtain a general weather forecast for your area is Bureau of Meteorology.

QFES has also developed a fire weather outlook application called the Fire Danger Rating Graphic which provides an outlook for a four day period. Under Fire Danger Rating Graphic are the Forest Fire Danger Rating and the Grassland Fire Danger Rating maps showing fire danger outlook across the State.

The maps provide a general picture of the fire danger in areas throughout the State, using the same colour scheme and ratings as the Fire Danger signs seen in most parts of Queensland. There is also a spreadsheet available on the same webpage if more detailed information is required.

Managing the Fire

It is your responsibility to ensure the fire you light does not affect other persons, properties or the environment.

If you are yet to apply for a permit, make sure you have correct information available for the Fire Warden. They will need details of where you plan to light the fire and how you intend to manage, control and contain the fire. Complete a written Application for Permit to Light Fire to ensure the Fire Warden has the information needed to make a decision whether or not to grant a permit. Applications for a Permit to Light Fire can be obtained from your Fire Warden, Rural Fire Service (RFS) Area Office or here (PDF, 504.77KB).

If you already have a permit, it means that the Fire Warden is satisfied with how you have demonstrated that you plan to manage the fire and how you will contain and control it. Make sure you follow the plan and abide by the conditions of the permit.

If your fire escapes from the planned boundaries of the fire or gets out of control in any way, your obligations (under the Act) are to:

  • take all reasonable steps to extinguish or control the fire, and

  • as soon as is practicable, report the existence and location of the fire by calling 000 (triple zero).

If you are at all concerned about the behaviour of the fire, act early.

YOUR FIRE, YOUR RESPONSIBILITY

How long do I supervise the fire?

You need to supervise the fire for as long as necessary to ensure it doesn’t escape.

The Permit to Light Fire states: “After burning, the perimeter of the burn must be made safe and the fire patrolled until there is no longer any risk of the fire escaping”.

You can cease patrolling when the burnt area is cool, with no remaining heat source.

Where do I find more information?

Assistance and information can be obtained from:

Further 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.​

Permit to light fire myths and facts

Myth

All ‘Permit to Light Fire’ applicants must provide their adjoining neighbours with a minimum of 72 hours notification in relation to their intent to apply for a permit.`

Fact

Not all applicants for a ‘Permit to Light Fire’ are required to provide their adjoining neighbours with a minimum of 72 hours notification. Fire Wardens have the authority to exercise discretion in relation to a reasonable time of notification, based on local knowledge and experience.

Explanation

While 72 hours notification (or greater) may be seen as a reasonable amount of time in populated areas, Queensland Fire and Emergency Services (QFES) acknowledges this timeframe may not be appropriate in rural primary production areas. Fire Wardens have the authority to assess the needs of both the applicant and adjoining neighbours when determining the appropriate notification timeframe for each individual application. Fire Wardens are encouraged to discuss any local anomalies or issues with their respective Chief Fire Warden.

Myth

That all ‘Permit to Light Fire’ applications must be received by the Fire Warden in writing.

Fact

Applications for a ‘Permit to Light Fire’ can be received either verbally or in writing. Fire Wardens have the discretionary authority to determine the method in which a permit application is received.

Explanation

While written applications are preferred, QFES acknowledges that local conditions may dictate an alternative method. Fire Wardens are therefore afforded the authority to accept verbal applications when circumstances such as time, distance, and applicant experience, are taken into account.

Myth

That all fire bans are instigated from Senior QFES staff located in Brisbane.

Fact

Fire bans are predominantly localised and are enforced by the Chief Fire Warden (Area Director, Rural Fire Service).

Explanation

Before enforcing a local fire ban, consultation will occur with the Regional Manager, Rural Fire Service and other key local stakeholders (which may include Fire Wardens). State wide fire bans are rare and can only be instigated by the Commissioner. There has been no state wide fire bans in recent years.

Myth

Fire Wardens have the authority to appoint a Deputy Fire Warden for their respective district who is then able to operate in conjunction with the Fire Warden.

Fact

Deputy Fire Wardens must be appointed by the Chief Fire Warden and can only operate in the absence of the Fire Warden.

Explanation

Fire Wardens operate within a designated Fire Warden District under the command of a Chief Fire Warden. Deputy Fire Wardens are used to proxy responsibility for the Fire Warden in times of absence and only possess the powers of a Fire Warden when in operation as a substitute. The Fire Warden must formally delegate authority to the Deputy Fire Warden, either verbally or in writing, and notify the Chief Fire Warden that delegation has occurred and for what timeframe.

Summary

  • Fire ban is implemented locally by the Chief Fire Warden, following consultation with local Fire Wardens and other stakeholders. All permits are revoked during a fire ban. A state-wide fire ban is very rare, and can only be instigated by the Commissioner. There have been no state-wide fire bans in recent years.

  • Fire permit restriction period is implemented locally by a Fire Warden during times of increased fire danger. Discretionary authority is used to restrict or cease the issuing of fire permits until the period of perceived increased risk has terminated. Fire permits are not automatically revoked during this period. Fire Wardens are encouraged to discuss the implications of a local Fire Permit Restriction Period with their respective Chief Fire Warden prior to implementation. Note: Fire Wardens can revoke permits at any time of the year if they have a valid reason.

  • Operational period is implemented state wide by the Commissioner to focus attention and resources towards a common threat including bushfires and seasonal severe weather events.

Can I have a small fire to burn garden litter and small piles of vegetation?

YES - During a non-Fire Ban Period

Fires may be lit to dispose if vegetation without a Permit, provided that:

  • There are no Local Government restrictions applicable to your area.
  • The fire is less than two metres wide, two metres long and two metres high.
  • A person is in attendance at all times while the fire is alight.

Check with you local council before lighting any fires.

NO - During a Fire Ban

The lighting of fires for any purpose of banned during any declared fire ban or state of fire emergency.

Can I light a fire in the open air for burning off grass, stubble, weeds, undergrowth or other vegetation?

YES - During a non-Fire Ban Period

But only with a valid Permit issued by your local Fire Warden, and:

  • There are no Local Government restrictions applicable to your area
  • The Permit to Light Fire conditions are followed.
  • A person is in attendance at all times while the fire is alight.

Check with your local council before lighting any fires.

Click here to find Fire Wardens in your area.

NO - During a Fire Ban

The lighting of fires for any purpose of banned during any declared fire ban or state of fire emergency.

Are there any exemptions from the requirement to have a Permit to Light Fire?

YES - During a non-Fire Ban Period

  • Canegrowers have certain exemptions from the requirement to obtain a Permit. For more information contact your Rural Fire Service Area Office.
  • Fires lit for the purpose of burning the carcass of a beast do not require a Permit.
  • Fires lit to dispose of sawmill waste do not require a Permit.
  • Fires for cooking and warmth do not require a Permit.

In all cases, the use of fire must be done in a responsible manner. All fires must be attended to at all times the fire is alight.

Local Governments may have rules or by laws prohibiting the lighting of fires. Check your local council before lighting any fires.

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