Australian Capital Territory Consolidated Regulations

ENVIRONMENT PROTECTION REGULATION 2005 - SCHEDULE 1

Schedule 1     Exceptions—chimney emissions and open-air fires

Part 1.1     Chimney emissions

(see s 8 and s 9)

Table 1.1

column 1 item	column 2 source	column 3 conditions
1	smoke from a source stated in the national emission guidelines, table 1 that is emitted into the air through a chimney	(a)     the concentration of smoke is higher than the standard stated in the table for the source for 20 minutes or less in a 24-hour period; and (b)     the emission is only because of lighting a boiler or incinerator from cold; and (c)     all steps that are practicable and reasonable are taken to— (i)     prevent the emission; or (ii)     if prevention is not reasonably practicable—minimise the emission
2	smoke from a source stated in the national emission guidelines, table 1 that is emitted into the air through a chimney	(a)     the emission is only because of blowing the tubes of a boiler; and (b)     all steps that are practicable and reasonable are taken to— (i)     prevent the emission; or (ii)     if prevention is not reasonably practicable—minimise the emission
3	soot from a source stated in the national emission guidelines, table 1 that is emitted into the air through a chimney	(a)     the concentration of soot is higher than the standard stated in the table for the source for 20 minutes or less in a 24-hour period; and (b)     the emission is only because of lighting a boiler or incinerator from cold; and (c)     all steps that are practicable and reasonable are taken to— (i)     prevent the emission; or (ii)     if prevention is not reasonably practicable—minimise the emission
4	soot from a source stated in the national emission guidelines, table 1 that is emitted into the air through a chimney	(a)     the emission is only because of blowing the tubes of a boiler; and (b)     all steps that are practicable and reasonable are taken to— (i)     prevent the emission; or (ii)     if prevention is not reasonably practicable—minimise the emission

Part 1.2     Open-air fires

(see s 8 and s 9)

Table 1.2

column 1 item	column 2 activity	column 3 conditions
1	cooking or heating food or drink
2	heating	(a)     the fire is outside a built-up area; or (b)     for a fire in a built-up area—the fire is in a fireplace or container that will contain the fire
3	teaching firefighting methods	the teaching is authorised by the chief officer (fire brigade) or chief officer (rural fire service)
4	burning plant matter in course of primary production	the fire is outside a built-up area
5	destroying a thing	the destruction is in accordance with a direction to destroy the thing under the Animal Diseases Act 2005 , section 27 (Destruction of infected animals etc—endemic disease) or section 29 (Destruction of infected animals etc—exotic disease)
6	celebration or similar activity	the celebration or activity is held— (a)     on residential land; and (b)     during the period starting on the Saturday 9 days before the Queen's birthday public holiday and ending on the Sunday 6 days after the public holiday Note     The Queen's birthday public holiday is the 2nd Monday in June (see Holidays Act 1958 , s 3 (1) (a) (viii))
7	display, ceremony, celebration or similar activity	the display, ceremony, celebration or activity— (a)     is authorised by the chief officer (fire brigade) or chief officer (rural fire service); and (b)     is conducted in accordance with an approval; and (c)     is either— (i)     held on unleased land; or (ii)     held with the consent of the lessee on leased land that is not residential land Note     Approval is defined in the dictionary