Environmental Management and Pollution Control (Distributed Atmospheric Emissions) Amendment Regulations 2010

Environmental Management and Pollution Control (Distributed Atmospheric Emissions) Amendment Regulations 2010

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Environmental Management and Pollution Control Act 1994 .

9 August 2010

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

D. J. O'BYRNE

Minister for Environment, Parks and Heritage

1.   Short title

These regulations may be cited as the Environmental Management and Pollution Control (Distributed Atmospheric Emissions) Amendment Regulations 2010 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Environmental Management and Pollution Control (Distributed Atmospheric Emissions) Regulations 2007 are referred to as the Principal Regulations.

4.    Regulation 4 amended (Non-application of regulations)

Regulation 4 of the Principal Regulations is amended as follows:

(a) by inserting in subregulation (1)(d) "intended for use solely for cooking" after "4013";

(b) by omitting from subregulation (1)(h) "AS/NZS 4013." and substituting "AS/NZS 4013; or";

(c) by inserting the following paragraph after paragraph (h) in subregulation (1) :

(i) a heater intended solely for use outdoors.

(d) by omitting from subregulation (3)(b) "museum." and substituting "museum; or";

(e) by inserting the following paragraph after paragraph (b) in subregulation (3) :

(c) any other use not involving the burning of fuel in the heater.

(f) by inserting the following subregulation after subregulation (4) :

(5)  These regulations do not apply to the sale of parts of a heater, not including the firebox of a heater, for –

(a) the repair of other heaters; or

(b) the manufacture of new heaters that comply with AS/NZS 4013; or

(c) scrap metal recycling.

5.    Regulation 5 amended (Manufacture, importation into Tasmania for sale, and sale, of heaters)

Regulation 5 of the Principal Regulations is amended by inserting after subregulation (4) the following subregulation:

(5)  A person must not sell or give away the firebox of a heater to any other person unless the firebox –

(a) is taken from a heater that complies with subregulation (3) ; or

(b) is designed for use in a heater that complies with subregulation (3) ; or

(c) is sold or given away for a use not involving the burning of fuel in the firebox.

Penalty:  Fine not exceeding 50 penalty units.

6.    Regulation 9 amended (Emission of smoke from heaters, fireplaces, barbecues &c.)

Regulation 9(1) of the Principal Regulations is amended by omitting "or cooking appliance" and substituting ", cooking appliance, or heater or appliance specified in regulation 4(1) ".

7.    Regulation 10 amended (Solid fuels burnt in heaters, fireplaces, barbecues &c.)

Regulation 10(1) of the Principal Regulations is amended as follows:

(a) by omitting "or cooking appliance" and substituting ", cooking appliance, or heater or appliance specified in regulation 4(1) ,";

(b) by omitting paragraph (f) and substituting the following paragraphs:

(f) coal; or

(g) charcoal; or

(h) peat.

8.    Regulation 11 amended (Wastes or fuels burnt in open or in incinerators on land)

Regulation 11 of the Principal Regulations is amended as follows:

(a) by omitting subparagraph (iv) from subregulation (1)(a) and substituting the following subparagraphs:

(iv) paper; or

(v) charcoal; or

(vi) peat; and

(b) by omitting paragraph (d) from subregulation (2) and substituting the following paragraphs:

(d) paper; or

(e) charcoal; or

(f) peat.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 18 August 2010

These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Environmental Management and Pollution Control (Distributed Atmospheric Emissions) Regulations 2007 by including certain provisions relating to –

(a) the non-application of the regulations to –

(i) a heater intended solely for use outdoors; and

(ii) a heater sold for certain uses not involving the burning of fuel in the heater; and

(iii) the sale of parts of a heater for certain uses; and

(b) the application of the regulations to the sale or giving away of the firebox of a heater.