I want to burn off some rubbish on the street. We have a big pile of old furniture and it would just be easier to have a big bonfire out on the street. We live in a dead end street and my neighbours would not mind. Is this legal?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Jo Wilson, Macleod 3085 VIC
- The relevant law in your state or territory will set out when and where it is an offence to light a fire where you live. There is usually a range of offences that deal with this type of offence. Arson is the most serious of these types of offences.
- Generally it is an offence to light a fire in open air if it destroys or endangers the life or property of others. It is also an offence to light a fire in open air and leave it unattended.
- Setting fire to your pile of rubbish on the street is probably an offence.
- The law will usually allow you to apply for special permits to have a fire in certain circumstances. This is unlikely to cover burning rubbish on a public street as it is dangerous.
- If you live in a rural area you should always check with your local Rural Fire Service before lighting a fire either on your street or even on your property.