ENVIRONMENT PROTECTION ACT 1997 - SCHEDULE 2
ENVIRONMENT PROTECTION ACT 1997 - SCHEDULE 2
(see s 145)
(1) In this schedule:
AS/NZS 4012 means AS/NZS 4012 (Domestic solid fuel burning appliances—Method for determination of power output and efficiency) as in force from time to time.
Note AS/NZS 4012 may be purchased at www.standards.org.au
.
AS/NZS 4013 means AS/NZS 4013 (Domestic solid fuel burning appliances—Method for determination of flue gas emission), as in force from time to time.
Note AS/NZS 4013 may be purchased at www.standards.org.au
.
"fuel-burning equipment" means a furnace, boiler, fireplace, oven, retort, incinerator, internal-combustion engine, chimney or any other apparatus, device, mechanism or structure, in the operation of which combustible material is, or is intended to be, used or that is, or is intended to be, used in relation to the burning of combustible material.
"residential premises" means premises that are used exclusively or primarily for residential purposes.
"sell" includes exhibit or offer for sale (whether by wholesale or retail) and supply by way of exchange, lease, hire or credit sale.
"solid fuel-burning equipment" means fuel-burning equipment that is designed to burn hard wood, soft wood or briquettes and to which AS/NZS 4012 or AS/NZS 4013 apply.
(2) The Legislation Act
, section 47 (6) does not apply to the following:
(a) AS/NZS 4012;
(b) AS/NZS 4013.
Note The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act
,
s 47 (5) or (6) is not disapplied (see s 47 (7)).
Part 2.2 Offences relating to articles that emit noise
2.2 Sale of articles that emit excessive noise
A person must not sell a prescribed article that, when in operation, emits noise that exceeds the prescribed level.
Maximum penalty: 100 penalty units.
Part 2.3 Offences relating to fuel-burning equipment
2.3 Emission of pollutants in excess of prescribed concentrations
(1) A person must not use, or cause or permit to be used, on any premises, a fuel that contains more than the prescribed proportion of a prescribed constituent unless the activity is authorised by an environmental authorisation.
(2) A person who contravenes subsection (1) commits an indictable offence.
Maximum penalty: 100 penalty units.
2.4 Sale of solid fuel-burning equipment
(1) A person must not sell solid fuel-burning equipment, other than prescribed equipment, for use on residential premises unless—
(a) a certificate of compliance under subsection (3) has been issued in relation to equipment of the same type by an entity authorised by the authority, in writing, for this paragraph; and
(b) the equipment—
(i) complies with AS/NZS 4012, other than the required overall efficiency for the equipment; and
(ii) in accordance with the test procedure set out in AS/NZS 4012, has an overall efficiency of not less than the prescribed amount; and
(c) the equipment—
(i) complies with AS/NZS 4013, other than the required appliance particulate emission factor; and
(ii) in accordance with the test procedure set out in AS/NZS 4013, has an appliance particulate emission factor of not more than the prescribed amount.
(2) A person who, without reasonable excuse, contravenes subsection (1) commits an indictable offence.
Maximum penalty: 30 penalty units.
(3) For subsection (1) (a), a certificate of compliance, in relation to solid fuel-burning equipment of a particular type, must state that—
(a) in accordance with the test procedure set out in AS/NZS 4012, the equipment has an overall efficiency of not less than the prescribed amount; and
(b) in accordance with the test procedure set out in AS/NZS 4013, the equipment has an appliance particulate emission factor of not more than the prescribed amount.
(4) An authorisation under subsection (1) (a) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
(5) The Legislation Act
, chapter 7 (Presentation, amendment and disallowance of subordinate laws and disallowable instruments) applies to an authorisation as if each reference in that chapter to 6 sitting days were a reference to 5 sitting days.
2.5 Interference with solid fuel-burning equipment or attached plates
(1) A person must not alter the information on, or remove, a plate attached to solid fuel-burning equipment that contains information required to be marked on a plate in accordance with—
(a) AS/NZS 4012, section 8; or
(b) AS/NZS 4013, section 10.
(2) A person must not mark on solid fuel burning equipment that the equipment complies with 1 or both of the following standards if the equipment does not comply with the standard:
(a) AS/NZS 4012 (other than the required overall efficiency for the equipment);
(b) AS/NZS 4013 (other than the required appliance particulate emission factor).
(3) A person who sells solid fuel-burning equipment for use on residential premises, or installs solid fuel-burning equipment on residential premises, must not alter in a material way—
(a) the structure, exhaust system or inlet air system of the equipment; or
(b) a part of the equipment that is involved in the combustion process.
(4) Subsection (3) does not apply to the sale or installation of prescribed equipment.
(5) A person who, without reasonable excuse, contravenes subsection (1), (2) or (3) commits an indictable offence.
Maximum
penalty: 30 penalty units.
Part 2.5 Summary proceedings for indictable offences
2.14 Certain offences may be dealt with summarily
(1) A proceeding for an offence against this schedule must be heard and decided by the Magistrates Court.
(2) If, in accordance with subsection (1), the Magistrates Court hears and decides a proceeding for an offence, the court may not impose a fine exceeding 20 penalty units.