PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 135C
Contravention of smoke abatement notices
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 135C
Contravention of smoke abatement notices
135C Contravention of smoke abatement notices
(1) A person to whom a smoke abatement notice has been given must not, without
reasonable excuse, fail to comply with the notice while the notice remains in
force.
: Maximum penalty--30 penalty units.
(2) A smoke abatement notice does
not prevent the emission of smoke that is not excessive smoke.
(3) In any
proceedings for an offence under this section, a document signed by the
authorised officer of an appropriate regulatory authority who issued a smoke
abatement notice certifying that the officer had, at a specified time and
place--
(a) observed a plume of smoke being emitted from a chimney on or in
premises specified in the certificate for a continuous period of not less than
10 minutes, and
(b) observed during that period a plume of smoke extending at
least 10 metres from the point at which the smoke was emitted from the chimney
for a period of not less than 30 seconds,
is evidence of the matters so
certified, unless the contrary is proved.
