BURNING OF SUGAR CANE

With the crush starting in some regions, this is a reminder to growers of their obligations when burning standing cane or tops and trash. There are only two ways of burning standing cane or tops and trash legally.

Firstly, under the Notification for Burning of Sugar Cane published in Queensland Government Gazette No 29 on 31 May 2019. This gives cane growers the authority to burn sugar cane in accordance with the Fire and Emergency Services Act 1990, provided the conditions are met.

An extract of this gazette and a QFES Information Sheet - Cane Burning Notification about the new Notification can be found on the Queensland Fire and Emergency Services website - www.qfes.qld.gov.au. Essentially this describes the eligible land on which a grower may light a fire and the minimum conditions for weather, smoke hazard (signs), equipment and persons.

Secondly under a Permit to Light Fire from a fire warden. This permit should be a period permit (for the season) and again contains conditions which must be met to be legal.

There are significant penalties for lighting an illegal fire. More importantly if the fire is legal then any liability at common law for any loss, injury or damage caused by the fire is covered except if the grower is reckless or malicious.

It is recommended that if in doubt about complying with the Notice or to be certain that the cane is burnt legally then a permit should be obtained from the local fire warden and the conditions of this permit followed. 