About this consultation

Burning of vegetation for the purposes of waste disposal is regulated at State level by the Protection of the Environment (Clean Air) Regulation 2022 (the Regulation).

The Regulation imposes a general obligation to prevent or minimise air pollution but allows Council to approve the burning of dead and dry vegetation on the property that it grew. Council is currently reviewing its policy that defines where and how burning for waste management is allowed within the city.

The first round of submissions on the draft policy were open from Thursday 18 January – Thursday 15 February 2024 and the feedback received has informed updates to the draft policy. Council is seeking further comment from the community in relation to these updates, with the final version to be endorsed by the Council in the second half of 2024.

Summary of updates:
In response to feedback regarding the limited extent of burning permissible under the consultation draft, a revised framework was developed to define where burning could be permitted in a low-impact manner. The following definitions are now proposed as the basis for a standing approval to a class of person:

All property zoned as RU2 (Rural Landscape) or RU4 (Primary Production Small Lots).
Private land zoned as C3 (Environmental Management) where at least 1,200m2 of the property is covered by this zoning.
Private land zoned as C4 (Environmental Living) where at least 20,000m2 (2 hectares) of the property is covered by this zoning.

Important note:
Given the fire prone nature of the Blue Mountains local government area and the need for residents to be well prepared for bushfires, it is important to be clear that the proposed policy for burning of vegetative waste will not limit residents’ ability to carry out legitimate bush fire preparedness works. The authorisation pathway for bush fire related clearing work is governed by the Rural Fires Act 1997, and the Regulation notes that burning for this purpose is permitted provided it is undertaken in accordance with a bush fire hazard reduction certificate issued under that Act.

Plan and Prepare - NSW Rural Fire Service:

https://www.rfs.nsw.gov.au/plan-and-prepare

Why is there a need for this policy?

The Blue Mountains area is one of the most bush fire prone areas in the world and there is a need to reduce potential causes of bush fires. Last winter, in one month alone, the NSW Rural Fire Service attended more than 600 fires across NSW caused by people who had lost control of their burning off.

As a city surrounded by a World Heritage National Park, we also strive to minimise the impact of our urban footprint on the natural environment and to be a model for sustainable living. Our community’s vision is to live in harmony with the environment, by caring for ecosystems and actively managing impacts on our creeks and waterways, diverse flora and fauna, fertile soil and clean air.

Council receives regular complaints regarding neighbourhood smoke pollution resulting from the burning of backyard organic waste. The NSW EPA has reported that the additional health costs attributable to the impacts of smoke by 2030 could be up to $8 billion in NSW alone. In addition to the economic costs associated with smoke there are the impacts on individuals to consider.

Burning always has some impact on local and regional air quality, and some people are more sensitive to air pollution than others, including:

People with heart or lung conditions, including asthma
people over the age of 65
infants and children
pregnant women and their unborn babies.

When burned, garden organics produce harmful particle pollution that can affect health. Short-term exposure can aggravate asthma or worsen pre-existing heart conditions. Long-term exposure can cause heart and lung disease.

Consultation has concluded

Stakeholder forum