Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(see s 145)
In this schedule:
AS 4013 means Australian Standard 4013, ‘Domestic solid fuel burning appliances—Method for determination of flue gas emission'.
"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 4013 applies.
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) it complies with AS 4013; and
(b) 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.
(2) A person who, without reasonable excuse, contravenes subsection (1) commits an indictable offence.
Maximum penalty: 30 penalty units.
(3) For subsection (1) (b), an authorised entity may certify, in relation to solid fuel-burning equipment of a particular type, that—
(a) equipment of that type has been tested (whether by that entity, or by another entity) in accordance with the test procedure specified in AS 4013; and
(b) the authorised entity is satisfied that the equipment tested had an appliance particulate emission factor not greater than the maximum allowable particulate emission factor specified in AS 4013, section 7.
(4) An authorisation under subsection (1) (b) 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 AS 4013, section 10.
(2) 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.
(3) Subsection (2) does not apply to the sale or installation of prescribed equipment.
(4) A person who, without reasonable excuse, contravenes subsection (1) or (2) 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.