SA EPA - Right to Cook Food in the Open?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Les Laub

Well-Known Member
30 May 2014
21
0
121
In South Australia, the Environmental Protection Agency (EPA) has made it an offence to light a fire in an outdoor fireplace for the purpose of cooking your food from November to May. This sort of ruins things for scouts cooking sausages on a stick or putting potatoes in the embers. It also spoils the tastes of my wood-fired barbie, which tastes infinitely better than anything cooked on a gas hotplate.

My question is this: I would have thought that it is a fundamental human right to cook your food by whatever means are at hand, provided, of course, that it is safe to do so. I know there are alternatives to wood fires, however the means of cooking my food should be up to me.

I'm almost certain that somewhere in the United Nations Treaties, or some part of natural law, there must be a right for an individual to cook their food - if so, then this rule of the EPA would be immoral, if not illegal.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
You can challenge their ruling at the AAT.
 

Les Laub

Well-Known Member
30 May 2014
21
0
121
What is the AAT - is it the Administrative Appeals Tribunal, and under what principle would I launch a challenge?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
What is the AAT - is it the Administrative Appeals Tribunal

Yes. Not sure yet if they have jurisdiction over state laws but a quick call to them will confirm this one way or other.

Principle would be exceeding their authority. While they do need to prevent bush fires, the measure of banning all outdoor wood fires over 6 or 7 months seems a little extreme.