123Lighting fires for burning off

123 Lighting fires for burning off (1) This section does not apply if a total fire ban is in force. (2) The owner of land may burn any material (including wood, straw, stubble, grass and herbage) on the land on any day outside the bushfire season if— (a) the land around the material to be burnt is clear of flammable material for at least 5m in every direction; and (b) at least 24 hours before burning the material, the owner has given notice of the intended burning to every occupier of land adjacent to the land where the material is to be burnt. (3) The owner of land may burn any material (including wood, straw, stubble, grass and herbage) on the land on any day in the bushfire season if the owner does so in accordance with a fire permit.

(4) The owner of land may also burn material on any day (whether in or outside the bushfire season) in accordance with the commissioner’s oral approval. (5) The commissioner may give an approval for subsection (4) if the commissioner considers it is reasonable because of the nature or small amount of the material to be burned. (6) This section does not affect— (a) the duties of a person under the Environment Protection Act 1997, section 22 (General environmental duty); or (b) any obligation to hold an authorisation under that Act, section 42 (Conducting prescribed classes of activities); or (c) any other obligation under that Act. (7) In this section, a reference to the owner of land includes a reference to a person who acts for, or with the consent of, the owner of the land.