Fire
Cane Firing
Guide to the Application of Queensland Fire and Rescue Service Act 1990 for the Sugar Cane Industry
Last updated 21 Aug 2003
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A Text Only Version is Included Below:
Cane land adjoining cane land
Burning cane in preparation for harvest continues to be an integral and essential part of farming operations for the majority of cane growers.
Under the Queensland Fire and Rescue Service Act 1990, special provisions apply to the burning of sugarcane, tops and trash in those situations where a grower's Cane Production Area (CPA) is bordered on every side by other cane land.
Examples of the application of the special provisions of the Queensland Fire and Rescue Service (QFRS) Commissioner's Notification for burning sugarcane, tops or trash are shown in Diagram 1.
The areas numbered A1 to A6 refer to CPAs for six growers. Growers on CPAs A5 or A6 may light preharvest burns at the hours laid down in the local Cane Supply Agreement without a permit to burn, as they adjoin other CPA lands A1 to A8. The grower on CPA A1 may light preharvest burns without a permit because this grower does not “adjoin” non-cane land in the terms of the Act because this grower’s CPA A1 is separated from N1 non-cane land by a 10 metre firebreak cleared of vegetation and other flammable material. Growers on CPAs A2, A3, A4 and A8 may not light preharvest burns without a permit from the Fire Warden because these blocks adjoin non-cane land N2. The grower on CPA A7 must obtain a seasonal permit from the local Fire Warden because this CPA adjoins non-cane land N1. The Commissioner’s special provisions apply only to sugarcane, tops or trash and therefore growers may not carry out any burning off operations for the clearing of grass on headlands or removing rat harbourages or for any other purpose without a permit from the Fire Warden.
The QFRS Commissioner's Notification which reflects these special provisions permits growers to light fires for the purpose of burning sugarcane, tops or trash provided that
- no burning takes place between 10 am and 2 pm;
- adequate precautions are taken to prevent the spread of fire;
- the burning takes place in accordance with recognised industry practice;
- where a fire is lit for the purpose of burning tops or trash, such tops or trash are raked at least 10 metres from any headland, standing cane or other flammable material;
- burning takes place within those regulated times set by the local Cane Supply Agreement (subject to no burning between 10 am and 2 pm);
- where a local Cane Supply Agreement does not regulate times when burning may be carried out, then such burning must take place at a time when sugarcane, tops or trash are normally burnt in the local area (again subject to no burning between 10 am and 2 pm).
Cane land adjoining non-cane land
Where a grower’s CPA adjoins a neighbour's property which is non-cane land then the grower, wishing to burn sugarcane, tops or trash, must obtain a seasonal permit to burn from the local Fire Warden. The grower need only make a single application to cover the whole season. Growers have responded positively to the seasonal permit arrangement.
Notification to neighbours
A requirement for all fire permit applications is that the grower must notify all adjoining neighbours whose lands are non-cane land, either verbally or in writing, at the time when applying to the local Fire Warden for the fire permit whether it be a seasonal or one-off permit to burn. Attachment 1 is an example letter to help growers with notification requirements when applying for the permit.
Also, before actually burning cane, tops or trash the grower must notify the neighbour whose land immediately adjoins the block of cane or the block upon which tops or trash are to be burnt. This notice can be verbal with the neighbour being advised at least two hours before burning takes place or a minimum of 12 hours notice where the neighbour is advised in writing by the grower. An example letter to help growers with notification requirements before burning takes place is included at Attachment 2. Example situations relative to the application of the seasonal permit requirements for burning sugarcane, tops or trash are shown in Diagram 2.
The seasonal permit system was introduced in 1993 for cane growers CPAs which adjoin neighbours non-cane land not assigned for cane growing. Continuation of seasonal permits depends upon growers' total support and compliance with all aspects of the permit requirements.
Growers have a responsibility to ensure the prescribed burning is strategic, timely, appropriate and correctly applied in accordance with legislative and industry standards.
Smoke management
Smoke from cane fires and particularly tops and trash fires, needs to be managed carefully in order to address community concerns such as nuisance to neighbours, perceived health hazards, the potential for reduced visibility on roadways which might create a safety hazard and perceived environmental greenhouse effects.
Note: When a fire is lit for the purpose of burning tops or trash, such tops or trash must be raked at least 10 metres from any headland, standing cane or other flammable material.
Offence & general penalty
Failure to comply with any provisions of the Fire and Rescue Service Act is an offence. Penalty provisions including fines and/or imprisonment are prescribed under the Act.
Non-observance of the legislative provisions is likely to result in prosecution and adversely impact upon the protection afforded to the cane grower authorised to light the fire.
Permit not required
A permit to burn cane, tops or trash does NOT have to be obtained where a cane grower's CPA land is separated from the neighbour's non-cane land by a roadway, watercourse or fire break which is at least 10 metres wide and which is clear of vegetation and flammable material.
Diagrams 3 and 4 depict example situations where permits are not required to light an authorised fire to burn cane tops and trash.
Sample Letters
Sample Letter 1
From: Grower’s Name
Address
Date
To: Name of Neighbour
Address
Re: Fires on Cane Land
The sugar cane harvest is scheduled to commence in this district on (date) and is expected to be completed by (date).
To allow for the systematic burning of the sugar cane, tops or trash which is essential to the smooth operation of the time critical cane harvest and necessary ancilliary cane farming practices, application is being made under the provisions of the Fire and Rescue Service Act 1990, for a seasonal permit for the burning of cane, tops or trash in accordance with recognized practice in the sugar cane industry.
It is expected that such fires will take place on a * daily/weekly/regular ___________(insert details of other) basis and will be for the shortest periods necessary to prepare the cane for harvest or to remove tops or trash.
When the block or that portion of the block of sugar cane (including tops or trash) which is to be burnt, immediately adjoins your property, notice will be given to you before the intended burn.
Such notice can be verbal or written. Verbal notice will be given at least 2 hours prior to the intended burn or alternatively a minimum of 12 hours for the written notification option.
Every effort will be made to notify you of the intended burn and adequate precautions will be taken to prevent the spread of fire.
Yours faithfully
Signature
Name of Grower
*delete or insert as appropriate to the grower.
Sample Letter 2
From: Grower’s Name
Address
Date
To: Name of Neighbour
Address
Re: Fires on Cane land
In accordance with recognised practice in the sugar industry, it is intended to burn sugar cane, tops or trash on the block which adjoins your property on (day) and (date) commencing at approximately (time).
Adequate precautions will be taken to prevent the spread of fire.
Yours faithfully
Signature
Name of Grower