Restricted and Prohibited Burning Periods
The Restricted Burning Period runs in two parts each year: October 1 – October 31 and March 9 – April 30. A Shire permit is required before lighting any fire, including garden refuse or rubbish.
The Prohibited Burning Period extends from November 1 – March 8. No burning is permitted for any reason—campfires, open cooking, and garden waste are all prohibited.
These fixed periods may be extended or shortened depending on local seasonal conditions. Always confirm the current status through the Shire of Toodyay website or official SMS alerts for Harvest, Vehicle Movement & Hot Works Bans.
Permits
- Issued only for mitigation or primary-production purposes.
- Valid for up to 7 days (28 days for broad-acre stubble burns).
- Automatically void on Sundays, public holidays, or High/Extreme/Catastrophic FDR days.
- Neighbour notification and DFES registration are mandatory.
Apply at least four days in advance with full property details. Burns within 3 km of DBCA land require separate notification.
Emergency “Ban on Lighting of Fires” Declarations (Section 46)
In addition to the fixed burning seasons, the Shire may issue short-term emergency directions under Section 46 of the Bush Fires Act 1954 when conditions suddenly become dangerous—typically due to hot, dry, or windy weather.
Example – Direction Notice (May 2020):
“Pursuant to Section 46(1A)(a) and (b) of the Bush Fires Act 1954, due to dry conditions and a forecast Very High Fire Danger Rating, the Chief Bush Fire Control Officer for the Shire of Toodyay prohibits the lighting of any fire within the Shire from 1200 hrs Saturday 23 May 2020 until 2359 hrs Sunday 24 May 2020. Any existing fires were to be extinguished by 1200 hrs Saturday and monitored until complete out.”Such orders are time-limited, usually lasting 24–48 hours, and override any existing permits. Failure to comply is an offence under the Act.
Burning Road Verges
Burning or allowing fire to cross onto a verge is illegal unless specifically authorised. A permit may be issued only where no other risk-reduction method is practical and must include a compliant Traffic Management Plan.
Contact Details
Shire of Toodyay
“The Old Court House”, 15 Fiennes Street, Toodyay WA 6566
records@toodyay.wa.gov.au
(08) 9574 9300 | Fax (08) 9574 2158
🔥 Solid-Fuel Appliances in Prohibited Periods
According to written correspondence confirmed by the Chief Executive Officer of the Shire of Toodyay (December 2023), solid-fuel appliances such as wood-fired stoves, ranges, pizza ovens and heaters may be used year-round provided they are operated within a fully enclosed structure (for example, inside a dwelling).
The Shire clarified that semi-enclosed areas — including patios, verandas or sheds with openings — are considered “open air” and therefore not compliant under local fire-safety provisions.
Use of any solid-fuel appliance is still prohibited during a declared Total Fire Ban. Residents remain responsible for ensuring their activity cannot cause ignition and for checking the current ban status at emergency.wa.gov.au or via toodyay.wa.gov.au.
Source: Shire of Toodyay CEO email confirmation (OCR65904 – Dec 2023)
Legal Penalties and Compliance
Under the Bush Fires Act 1954 (WA), offences may attract fines up to $25 000 and/or 12 months imprisonment. Liability for firefighting costs and civil damages may also apply.
- Ignorance of dates or requirements is not a defence.
- Absence, illness, or contractor unavailability are not grounds for appeal.
- Landholders remain responsible for compliance at all times.
Further guidance: Morangup Fire Prevention & Preparedness | Shire of Toodyay Fire Safety | DFES Emergency WA
In any emergency, dial 000 immediately. Report fires or incidents to ensure rapid response and community safety.