His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Protection of the Environment Operations Act 1997.
BOB DEBUS, M.P.,Minister for the Environment
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Protection of the Environment Operations (Control of Burning) Regulation 2000.
2 Commencement
This Regulation commences on 1 September 2000.Note—This Regulation replaces the Clean Air (Control of Burning) Regulation 1995 which is repealed on 1 September 2000 under section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation:approval means an approval in force under clause 9.domestic waste means waste (other than vegetation) that is of a kind and quantity ordinarily generated on domestic premises.domestic waste management services has the same meaning as in the Local Government Act 1993.Note—domestic waste management services, as defined in the Local Government Act 1993, means services comprising the periodic collection of domestic waste from individual parcels of rateable land and services that are associated with those services.the Act means the Protection of the Environment Operations Act 1997.(2) The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
4 Application of Regulation
This Regulation does not apply to or in respect of the following:(a) the carrying out of bush fire hazard reduction work under the Rural Fires Act 1997 that, in the opinion of the authority authorised to carry out the work, or local authority requiring the work to be carried out, is reasonably necessary for the protection of life, property or the environment,(b) the destruction, by means of burning, of any prohibited plant or prohibited drug under the Drug Misuse and Trafficking Act 1985,(c) the destruction, by means of burning, of an animal that has died, or is reasonably suspected to have died, as the result of a disease proclaimed under the Stock Diseases Act 1923 or an exotic disease within the meaning of the Exotic Diseases of Animals Act 1991.Note—In addition to section 133 of the Act (which allows the EPA to prohibit the burning of fires in the open or in incinerators) and the prohibitions imposed by this Regulation, other legislative controls exist in relation to the lighting of fires (for example, see the Rural Fires Act 1997, the Native Vegetation Conservation Act 1997 and the Threatened Species Conservation Act 1995).
Part 2 Control of burning generally
5 General obligation to prevent or minimise air pollution
(1) A person who burns anything in the open or in an incinerator must do so by such practicable means as are necessary to prevent or minimise air pollution.Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.(2) Without limiting subclause (1), the means of preventing or minimising air pollution may include the following:(a) taking into account the potential for smoke impacting on any person due to wind direction and weather conditions,(b) taking reasonable measures to ensure that the material being burnt is not wet,(c) burning only material that is suitable for disposal by burning, having regard to possible effects on human health and the environment.
6 Prohibition on burning certain articles
(1) A person must not burn a prohibited article:(a) in the open, or(b) in an incinerator that is not licensed under the Act.Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.(2) For the purposes of this clause, the following articles are prohibited articles:(a) tyres,(b) coated wire,(c) paint containers and residues,(d) solvent containers and residues,(e) timber treated with copper chromium arsenate (CCA) or pentachlorophenol (PCP).(3) It is not an offence under this clause to burn a tyre for the purposes of the giving of instruction in methods of fire fighting by an officer or member of a fire fighting authority, or by a fire control officer within the meaning of the Rural Fires Act 1997, when acting in his or her official capacity.
Part 3 Control of burning in local government areas
7 Offences
(1) A person must not burn anything:(a) in the open, orin a local government area specified in Part 1 of Schedule 1 except in accordance with an approval.(b) in an incinerator,Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.(2) A person must not burn any vegetation:(a) in the open, orin a local government area specified in Part 2 of Schedule 1 except in accordance with an approval.(b) in an incinerator,Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.(3) A person must not burn anything (other than vegetation):(a) in the open, orin a local government area specified in Part 3 of Schedule 1 except in accordance with an approval.(b) in an incinerator,Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.Note—See clause 8 (4) which provides a specific exception to the offence under this subclause.
8 Exceptions
(1) It is not an offence under clause 7:(a) to cook or barbecue in the open, or to light, maintain or use a fire for recreational purposes such as camping, picnicking, scouting or other similar outdoor activities, so long as only dry seasoned wood, liquid petroleum gas (LPG), natural gas or proprietary barbeque fuel (including a small quantity of fire starter) is used, or(b) to burn vegetation, in the course of carrying on agricultural operations, on premises on which the vegetation grew, including:(i) the burning of vegetation for the purposes of clearing (other than for construction), or(ii) the burning of stubble, orchard prunings, diseased crops, weeds or pest animal habitats on farms, or(iii) the burning of pasture for regenerative purposes, or(c) to burn anything for the purposes of the giving of instruction in methods of fire fighting by:(i) an officer or member of a fire fighting authority, or(ii) a fire control officer within the meaning of the Rural Fires Act 1997, orwhen acting in his or her official capacity.(iii) an industrial fire control officer,(2) It is not an offence under clause 7 to burn domestic waste, before 1 September 2001, in an incinerator:(a) that is installed in a residential building comprising home units, flats or apartments, and(b) that was, immediately before 1 September 2000, in regular use.(3) It is not an offence under clause 7:(a) to burn anything in an incinerator that is licensed under the Act, or(b) to burn anything in an incinerator that:(i) is equipped with a primary and secondary furnace, and(ii) is designed, maintained and operated in such a manner that ensures the maintenance of appropriate temperatures for the complete combustion of anything that the incinerator is designed to burn and prevents the escape of sparks or other burning material, and(iii) is equipped with suitable equipment that is designed, maintained and operated for the purposes of controlling air impurities in the exhaust gas once the incineration process has been completed, and(iv) is not installed in a residential building comprising home units, flats or apartments.(4) It is not an offence under clause 7 (3) to burn domestic waste on residential premises on which the waste was generated if domestic waste management services are not available to those premises.
9 Approval for certain fires or incinerators
Note—An approval may be granted so as to permit burning in circumstances where it would otherwise be prohibited under clause 7.However, even though this Regulation may permit the burning of fires in the open or in an incinerator in accordance with an approval or because of the operation of clause 8, burning may still be prohibited by an order of the EPA under section 133 of the Act.(1) The EPA may grant an approval for the purposes of this Regulation:(a) to any class of persons—by means of a notice published in the Gazette, or(b) to any particular person—by means of a written notice given to the person (except in relation to an approval that would be granted to the person in accordance with subclause (2)).(2) The council of a local government area specified in Part 2 of Schedule 1 may grant an approval for the purposes of this Regulation in respect of the burning of dead and dry vegetation on the premises on which the vegetation grew in the local government area:(a) to any class of persons—by means of a notice published in a local newspaper circulating in the local government area, or(b) to any particular person—by means of a written notice given to the person.(3) Before granting an approval for the purposes of this Regulation, the EPA or local council concerned must take the following matters into consideration:(a) the impact on regional air quality and amenity,(b) the impact on local air quality and amenity,(c) the feasibility of re-use, recycling or other alternative means of disposal,(d) any opinions of the sector of the public likely to be affected by the proposed approval,(e) in the case of an approval under subclause (2) (a)—any opinions of the EPA in relation to the proposed approval.(4) An approval:(a) is subject to such conditions (if any) as are specified in the notice by which the approval is granted, and(b) may be amended or revoked by means of a notice given or published in the same way as the original notice granting the approval was given or published, and(c) remains in force for a period of 12 months (or such other period as is specified in, or implied by, the approval) from the date it is granted unless sooner revoked by the authority that granted it.
Part 4 Miscellaneous
The Protection of the Environment Operations (General) Regulation 1998 is amended as set out in Schedule 2.
The Protection of the Environment Operations (Penalty Notices) Regulation 1999 is amended as set out in Schedule 3.
12 Existing approvals
(1) Subject to subclause (2), an existing approval:(a) is taken to be an approval granted by the EPA under this Regulation, and(b) may be amended or revoked accordingly.(2) An existing approval does not have any effect to the extent that it is inconsistent with a provision of this Regulation.(3) In this clause:existing approval means an approval:(a) that was granted under clause 8 of the Clean Air (Control of Burning) Regulation 1995, and(b) that was in force immediately before 1 September 2000.
Schedule 1 Local government areas in which burning is prohibited
(Clauses 7 and 9 (2))
Part 1 Areas in which all burning (including burning of vegetation and domestic waste) is prohibited except with approval
AshfieldAuburn
Bankstown
Bathurst
Baulkham Hills
Blacktown
Botany
Burwood
Camden
Campbelltown
Canterbury
Concord
Drummoyne
Fairfield
Gosford
Holroyd
Hunter’s Hill
Hurstville
Kogarah
Ku-ring-gai
Lake Macquarie
Lane Cove
Leichhardt
Liverpool
Manly
Marrickville
Mosman
Newcastle
North Sydney
Orange
Parramatta
Pittwater
Queanbeyan
Randwick
Rockdale
Ryde
Shellharbour
South Sydney
Strathfield
Sutherland
Sydney
Warringah
Waverley
Willoughby
Woollahra
Wollongong
Wyong
Part 2 Areas in which burning of vegetation is prohibited except with approval
AlburyArmidale Dumaresq
Ballina
Bingara
Blue Mountains
Brewarrina
Cessnock
Cobar
Cooma-Monaro
Coonabarabran
Dubbo
Eurobodalla
Goulburn
Greater Lithgow
Greater Taree
Gunnedah
Hastings
Hawkesbury
Hornsby
Kiama
Leeton
Lismore
Maclean
Mudgee
Muswellbrook
Nambucca
Penrith
Port Stephens
Quirindi
Tamworth
Tenterfield
Tumut
Wagga Wagga
Warren
Wellington
Wingecarribee
Wollondilly
Young
Part 3 Areas in which all burning (other than burning of vegetation) is prohibited except with approval or except for on site burning of domestic waste on residential premises where domestic waste management services are not available
Armidale DumaresqBallina
Blue Mountains
Brewarrina
Cessnock
Cobar
Cooma-Monaro
Coonabarabran
Cootamundra
Dubbo
Eurobodalla
Goulburn
Greater Lithgow
Greater Taree
Gunnedah
Hastings
Hawkesbury
Hornsby
Inverell
Junee
Leeton
Lismore
Maclean
Maitland
Mudgee
Muswellbrook
Penrith
Port Stephens
Severn
Tallaganda
Tamworth
Temora
Tenterfield
Tumut
Urana
Wagga Wagga
Warren
Wellington
Wingecarribee
Wollondilly
Young
Schedule 2 Amendment of Protection of the Environment Operations (General) Regulation 1998
(Clause 10)
Clause 63 Additional matters to be included in public register: sec 308
Insert after clause 63 (b):(c) any approval granted under clause 9 of the Protection of the Environment Operations (Control of Burning) Regulation 2000.
Schedule 3 Amendment of Protection of the Environment Operations (Penalty Notices) Regulation 1999
(Clause 11)
Schedule 1 Penalty notice offences
Omit the matter relating to the Clean Air (Control of Burning) Regulation 1995.Insert instead:Protection of the Environment Operations (Control of Burning) Regulation 2000
(individuals)
(corporations)