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Councils crack down on burn-offs

By Katie Edmunds, Solicitor

First published in The Rural News 15 Sept 2009

The amount of smoke created by burn offs has prompted some Coucils to review their policy and rules for outdoor fires. 

For many farmers and growers across the country, disposal of farm and horticultural waste is a constant problem. It is also a problem faced by some Councils; for instance, the removal of crack willows.

Open fires may be the most efficient way of getting rid of bulk waste given practical restrictions or the cost of alternative disposal. But the resulting billowing smoke has led to public outcry over the potential to create detrimental environmental effects and nuisance beyond the boundary of the subject property. Complaints to (or about) Councils include the potentially serious health impacts, unpleasant odours and concerns for the environment. These complaints, coupled with greater public awareness of public health and the environment, have spurred several local authorities to review current practices - and in many cases, to take a harder line.

Moves to regulate and restrict the use of open fires are a concern for those who rely on the practice for their seasonal or daily farm operations. Whilst alternative methods such as shredding the material have been suggested, for many operators this is impractical. Often the trees and plants removed are too large for a shredder, and in some cases the shredding of plant material poses a risk of disease spread.

In some areas, Councils are considering requiring resource consent for burning waste. This would mean changes to the local Plan rules and would also require public consultation before changes are adopted.

Depending on the applicable local authority rules and regulations, burning which breaches local authority rules and/or creates a public nuisance can lead to enforcement action including verbal warnings, instant fines, abatement notices, or prosecution.

Education and cross-sector consultation has sometimes been adopted as the preferred approach. Some Councils, for instance, publish guidelines for good practice use of outdoor fires. However, with many local authorities restricting the use of open fires by imposing rules and regulations, it is advisable to check your Council website or visit the nearest Council office.

Factors that should be considered when burning include the duration of the fire, the nature of the discharge (including the nature of the smoke quantity, density, direction and persistence), the location of the burn off and operational conditions including the weather and wind direction.

• For further information, or to find out what the relevant rules are in your region please contact the Environmental Law team at Duncan Cotterill. – Katie Edmunds, Solicitor. K.edmunds@DuncanCotterill.com