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Rules + regulations

Fire permit NSW: burning off a Hunter fence line takes more than one approval

By the Chainwire Fencing Specialist team Updated 26 October 2026

Burning off along a rural fence line in the Hunter usually takes more than a fire permit: confirm you may clear the line, get any council or EPA burning approval your area needs, then apply for the RFS permit and notify neighbours, and check on the day that nothing has switched it off.

How many approvals does a fence-line burn-off need?

A rural post and wire fence drawn left to right, with seven strainer posts as the steps, ending at a small pile of dry dead branches. 1. Check the clearing is allowed: Rural Boundary Clearing Code tool (rural-zoned RU1 to RU6, bush fire prone map, where the tool shows you are eligible) or your own land only. 2. Council or EPA open-burning approval, where your area requires it (Muswellbrook example: up to 14 days allowed). 3. Hazard reduction burn? Get any Bush Fire Hazard Reduction Certificate before applying for the permit. 4. RFS Fire Permit: required during the bush fire danger period in Rural Fire districts, at all times in Fire and Rescue districts; free (checked October 2026). 5. Notify Fire Control Centre and neighbours at least 24 hours before lighting, unless the permit specifies otherwise. 6. On the day: Total Fire Ban, EPA No Burn day, weather, call your Fire Control Centre. 7. Light, supervise at all times, keep the permit on site until the fire is out.1234567Check the clearing isallowed: Rural BoundaryClearing Code tool(rural-zoned RU1 toRU6, bush fire pronemap, where the toolshows you are eligible)or your own land onlyCouncil or EPAopen-burning approval,where your arearequires it(Muswellbrook example:up to 14 days allowed)Hazard reduction burn?Get any Bush FireHazard ReductionCertificate beforeapplying for the permitRFS Fire Permit:required during thebush fire danger periodin Rural Firedistricts, at all timesin Fire and Rescuedistricts; free(checked October 2026)Notify Fire ControlCentre and neighboursat least 24 hoursbefore lighting, unlessthe permit specifiesotherwiseOn the day: Total FireBan, EPA No Burn day,weather, call your FireControl CentreLight, supervise at alltimes, keep the permiton site until the fireis outA rural post and wire fence drawn left to right, with seven strainer posts as the steps, ending at a small pile of dry dead branches. 1. Check the clearing is allowed: Rural Boundary Clearing Code tool (rural-zoned RU1 to RU6, bush fire prone map, where the tool shows you are eligible) or your own land only. 2. Council or EPA open-burning approval, where your area requires it (Muswellbrook example: up to 14 days allowed). 3. Hazard reduction burn? Get any Bush Fire Hazard Reduction Certificate before applying for the permit. 4. RFS Fire Permit: required during the bush fire danger period in Rural Fire districts, at all times in Fire and Rescue districts; free (checked October 2026). 5. Notify Fire Control Centre and neighbours at least 24 hours before lighting, unless the permit specifies otherwise. 6. On the day: Total Fire Ban, EPA No Burn day, weather, call your Fire Control Centre. 7. Light, supervise at all times, keep the permit on site until the fire is out.12345671Check the clearing is allowed: RuralBoundary Clearing Code tool (rural-zonedRU1 to RU6, bush fire prone map, where thetool shows you are eligible) or your ownland only2Council or EPA open-burning approval,where your area requires it (Muswellbrookexample: up to 14 days allowed)3Hazard reduction burn? Get any Bush FireHazard Reduction Certificate beforeapplying for the permit4RFS Fire Permit: required during the bushfire danger period in Rural Firedistricts, at all times in Fire and Rescuedistricts; free (checked October 2026)5Notify Fire Control Centre and neighboursat least 24 hours before lighting, unlessthe permit specifies otherwise6On the day: Total Fire Ban, EPA No Burnday, weather, call your Fire ControlCentre7Light, supervise at all times, keep thepermit on site until the fire is out
Source: NSW RFS, NSW EPA, Muswellbrook Shire Council

Up to four, plus a notice and a check on the morning. On Hunter acreage, the fire permit everyone talks about is usually the last approval you get, not the first.

The order runs like this:

  1. Make sure you're allowed to clear the fence line.
  2. Get any council or EPA open-burning approval your area needs.
  3. If it's a hazard reduction burn, get any certificate that applies.
  4. Apply for the RFS Fire Permit.
  5. Give notice.
  6. On the day, check that nothing has suspended the permit.

The steps also take time to work through. Muswellbrook Shire, as one Hunter example, asks you to allow up to 14 days for written council approval where you need it. The RFS asks you to contact the local Fire Control Centre at least 24 hours before burning, and notify neighbours at least 24 hours before.

Put those together: allow 14 days for council approval and a day's notice, so start with council at least 15 days before. Other councils set their own timelines.

The season is already under way. The statutory bush fire danger period is 1 Oct to 31 Mar, "however it may vary due to local conditions". In 2026 the start was brought forward to 1 September for the Liverpool Range and Upper Hunter districts and for the Singleton and Muswellbrook LGAs. Which start date applies to your block is covered in our bush fire danger period guide.

During the period, a Fire Permit is required for burning in Rural Fire districts, and at all times in Fire and Rescue districts. The RFS permit table lists Cessnock, Dungog, Lake Macquarie, Maitland, Muswellbrook, Newcastle, Port Stephens, Singleton, Upper Hunter and Central Coast as council areas where a permit is required. Permits are free (checked October 2026).

Can you clear the fence line in the first place?

A rural Australian boundary: a post and wire fence running along a dry grassy paddock, with a strip of cleared bare ground between the fence and the eucalypt bush beyond it. Fallen dead branches are gathered into a small stack well back from the wire.
Illustration: a fence line with a cleared strip and dead branches stacked back from the wire.

Clearing and burning are separate steps: the Rural Boundary Clearing Code covers clearing only, so the pile of branches still needs every approval below. How far you can clear, and what the code won't let you touch, is in our bush fire danger period guide, which also says to get a surveyor if you're unsure where the boundary runs.

Does your council or the EPA need to approve the burn?

Muswellbrook Shire's conditions: one council's example, check your own

Side-on drawing of a pile of dry dead branches inside its maximum size: 2 m wide, 2 m deep and 1.5 m high.Maximum pile size2 m wide1.5 mhigh2 m deep
  • Winds under 15 km/h
  • Water on hand
  • Supervised at all times
Source: Muswellbrook Shire Council

A free RFS permit is often treated as the whole job. The EPA says otherwise: you need an appropriate open burning approval from the EPA or your local council before you will be issued a fire permit.

Rules also differ across the Hunter. The EPA says burning vegetation in the open is generally prohibited at all times in all council areas in the Sydney, Wollongong and Newcastle regions, and in other Schedule 1 councils. There are exceptions: the EPA or council may approve burning in some circumstances, and councils can approve burning dry and dead vegetation on large lots, subject to conditions.

Muswellbrook Shire shows how one council handles it:

The same page also says “Do not burn in the declared fire season (from 1st September to 31st March)”. Read that before planning a summer burn there.

Treat Muswellbrook as an example, not the rule for your block. Our advice to any Hunter landholder is to ring two places before stacking a single branch: your council and your local Fire Control Centre. The Muswellbrook page lists Hunter Valley Fire Control on (02) 6575 1200.

Is it a hazard reduction burn?

If you're burning to reduce bush fire hazard along the line, you may need a Fire Permit, an environmental approval such as a Bush Fire Hazard Reduction Certificate, or both.

The order matters. That approval must be obtained before applying for the Fire Permit. Ask your Fire Control Centre which applies to your burn.

What does the RFS Fire Permit require?

The permit comes with standard conditions. You must:

The RFS checklist lets you notify online.

The permit isn't fixed once issued. It can be varied, cancelled or suspended depending on weather.

Outside the danger period, Fire Permits aren't required for fires lit for land clearance or a fire break. The exception: a permit is needed at all times if the fire is likely to be dangerous to a building. Notice still applies off-season too. As the Singleton Argus reported, regardless of time of year, neighbours and fire authorities must be notified at least 24 hours before lighting up.

What can't go on the burn pile?

ItemRFS fire permits page1EPA open burning pageMuswellbrook Shire (example)2
Tyrestyrestyrestyres
Coated wirecoated wirecoated wires
Treated timbercertain treated timberstreated timbers
Paintpaintpaint and solvent containers
Plasticsplastics
Wet or green vegetationwet or green vegetation
1 The RFS lists tyres, plastics and paint as examples of toxic materials, not a complete list.
2 Muswellbrook's preferred alternatives: reuse, recycling, composting or waste-facility disposal.

Old fencing is where good intentions go wrong. Pulling out a tired boundary fence leaves wire, posts and offcuts, and the pile of branches looks like a handy place for them. It isn't.

Each source sets its own limits:

Not sure what coating is on your old wire? Our guide to chainwire coatings, powder coating and galvanising explains the common finishes. Plastic-coated chainwire is plainly coated wire, so keep it off the pile.

At a paddock gate, a box trailer hitched to a white ute holds a rolled coil of old chain wire and a stack of weathered fence posts. A separate heap of dry dead branches sits on the bare ground beside the track.
Illustration: old chain wire and fence posts on a trailer, kept apart from a heap of dead branches.

The alternatives are dull and lawful. Muswellbrook lists reuse, recycling, composting or waste-facility disposal as preferred. The RFS says there are alternative ways to get rid of waste or vegetation, and to talk to your council. Roll the old wire, stack the posts, and ask council where they go.

What can switch your permit off on the day?

Morning of the burn

Your permit can be switched off on the day, even with every approval in hand.

Conditions shift through a Hunter summer, wet one week and risky the next. Pick a burn date, and also pick a back-up.

When you do light up:

What happens if you burn without the right approvals?

Under the Rural Fires Act 1997, breaches can bring substantial fines and prison terms of up to 12 months, plus possible civil suits for losses.

Council penalties sit on top of that. Muswellbrook's page says on-the-spot fines can apply for burning without approval, burning a prohibited article, or burning without minimising air pollution. It gives a maximum court penalty of $5,500 for an individual and $11,000 for a corporation (checked October 2026).

Which figures matter for a Hunter fence-line burn?

Statutory bush fire danger period

1 October to 31 March

May vary due to local conditions

NSW RFS

Notice to RFS and neighbours before lighting

At least 24 hours

Unless specified otherwise

NSW RFS

Boundary clearing distance (Rural Boundary Clearing Code)

25 metres from holding boundary

Where the online tool shows you are eligible

NSW RFS

One council's example

Muswellbrook pile limit

2 m x 2 m x 1.5 m high

Muswellbrook Shire Council

Muswellbrook wind limit for burning

Under 15 km/h

Muswellbrook Shire Council

Muswellbrook council approval turnaround

Up to 14 days allowed

Muswellbrook Shire Council

Max court penalty, burning offences (Muswellbrook page)

$5,500 individual / $11,000 corporation

Checked October 2026

Muswellbrook Shire Council

Source: NSW RFS, Muswellbrook Shire Council

These are the figures in one place, each with its scope. The Muswellbrook figures are one council's example, not a Hunter-wide rule.

Rebuilding the fence once the line is clear

Most fence-line burns are really the first job in a fence replacement: clear the line, deal with the old material, then build again.

We build rural, chainwire, steel and aluminium fencing and gates across Newcastle, the Hunter Valley and the Central Coast. Two of our guides can help you plan the new fence:

When the approvals are sorted and the line is ready, ask us for a fencing quote or call 02 4023 5416.

Sources

Pictures in this guide are illustrations, not photos of our jobs.

Planning a fence? We build chainwire, security, temporary and sporting fencing across Newcastle, the Hunter and the Central Coast. Get a quote or call 02 4023 5416.