Environment Protection (Air Quality) Policy 2016 (SA)

South Australia Environment Protection (Air Quality) Policy 2016 under section 28 of the Environment Protection Act 1993

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Application of policy Part 2—Air quality measures Division 1—Burning offences 5 Burning in the open in council areas 6 Burning permits 7 Burning of prohibited substances 8 Environmental harm Division 2—Solid fuel heaters 9 Sale of solid fuel heaters 10 Installation of solid fuel heaters 11 Interference with solid fuel heaters 12 Prevention of excessive smoke 13 Sale of green firewood etc Division 3—Localised air quality objectives 14 Localised air quality objectives Division 4—Miscellaneous 15 Taking reasonable and practicable measures to avoid emissions from premises 16 Testing points Part 3—Matters relating to Part 5 of Act 17 Amendment of policy by Gazette notice under section 32 of Act Part 4—Matters relating to Part 6 of Act 18 Matters relating to Part 6 of Act Schedule 1—Prohibited substances Schedule 2—Ground level concentrations (clause 18(1)(a)) 1 Interpretation 2 Ground level concentrations Schedule 3—Odour levels (clause 18(1)(b)) Schedule 4—Stack emissions (clause 18(1)(c)) Schedule 5—Transitional provisions Part 2—Transitional provisions 2 Policy not to apply for 2 years in relation to existing prescribed activities of environmental significance Legislative history

Part 1—Preliminary 1—Short title This policy may be cited as the Environment Protection (Air Quality) Policy 2016. 3—Interpretation (1) In this policy, unless the contrary intention appears— Act means the Environment Protection Act 1993; agriculture includes horticulture; agriculture waste means waste produced in the course of agriculture and includes dead stock, diseased crops, crop stubble or other crop waste and waste resulting from the clearing of land for farming; AS/NZS 1080.1:2012 means AS/NZS 1080.1:2012 Timber - Methods of test Method 1:Moisture Content published jointly by Standards Australia and Standards New Zealand, as in force at the commencement of this policy; AS/NZS 2918:2001 means AS/NZS 2918:2001 Domestic solid fuel burning appliances - Installation published jointly by Standards Australia and Standards New Zealand, as in force at the commencement of this policy; AS/NZS 4012:2014 means AS/NZS 4012:2014 Domestic solid fuel burning appliances - Method for determination of power output and efficiency published jointly by Standards Australia and Standards New Zealand, as in force at the commencement of this policy; AS/NZS 4013:2014 means AS/NZS 4013:2014 Domestic solid fuel burning appliances - Method for determination of flue gas emissions published jointly by Standards Australia and Standards New Zealand, as in force at the commencement of this policy; boiler means a vessel in which water is heated for any purpose by any combustible materials with a total heat release of 100 or more megajoules per hour; certificate of compliance, in relation to a solid fuel heater, means a certificate issued or approved by the Authority certifying that solid fuel heaters of the same model as that heater comply with AS/NZS 4012:2014 and AS/NZS 4013:2014 (or an overseas standard approved by the Authority as being equivalent to, or more stringent than such a standard); cubic metre or m3 means that volume of dry gas which occupies a cubic metre at a temperature of 0° Celsius and at an absolute pressure equivalent to 101.3 kilopascals (1 atmosphere); domestic incinerator means an incinerator that is situated on residential premises for burning waste from the premises; emit a pollutant to air—see subclause (2); fire danger season has the same meaning as in the Fire and Emergency Services Act 2005; mandatory measures, in relation to a provision of this policy or a code, standard or other document, means measures that are expressed in the provision, code, standard or document as mandatory rather than as recommendations; mandatory provision—see subclause (5); occupier, of land, includes a person with responsibility for the care, control or management of the land; overseas standard means a standard from an overseas jurisdiction; particles as PM2.5 means particulate matter with an equivalent aerodynamic diameter of 2.5 micrometres or less; particles as PM10 means particulate matter with an equivalent aerodynamic diameter of 10 micrometres or less; ppm means parts per million by volume; prescribed Act—each of the following is a prescribed Act: (a) Botanic Gardens and State Herbarium Act 1978; (b) Crown Land Management Act 2009; (c) Forestry Act 1950; (d) National Parks and Wildlife Act 1972; (e) Wilderness Protection Act 1992; prohibited substance—see clause 7(1); recommended measures, in relation to a provision of this policy or a code, standard or other document means measures that are expressed in the provision, code, standard or document as recommendations rather than as mandatory; solid fuel heater means any solid fuel burning appliance that is designed, manufactured or adapted for use in domestic premises (whether or not it is actually used in such premises); stack, in relation to premises, means an outlet intended for the emission to air of pollutants produced on the premises, and includes a chimney, flue or vent; tyre waste means waste comprised of tyres or tyre pieces. (2) For the purposes of this policy, a person emits a pollutant to air if the person causes or allows the pollutant to be emitted into the air or fails to prevent it from entering or escaping into the air. (3) A reference in this policy to the burning of matter in the open includes a reference to the burning of matter in a domestic incinerator. (4) For the purposes of this policy, a fire will be regarded as burning in the open despite the fact that it is burning in connection with the operation of any fuel-burning equipment, or within a container of some kind, if the equipment or container does not have a stack for the emission of pollutants to the air. (5) In this policy, the expression mandatory provision followed by a statement as to the category of offence is to be taken to signify that contravention of the provision at the foot of which the expression appears is, for the purposes of Part 5 of the Act, an offence of the category so stated. Note— Unless the contrary intention appears, terms used in this policy that are defined in the Act have the respective meanings assigned to those terms by the Act. 4—Application of policy (1) This policy does not apply in relation to— (a) the destruction of property pursuant to a direction of the Commissioner of Police under section 52E of the Controlled Substances Act 1984; or (b) an activity undertaken in the course of, or in connection with, fire‑fighting, or the training of firefighters or fire investigators, by or on behalf of— (i) the South Australian Metropolitan Fire Service; or (ii) the South Australian Country Fire Service; or (iii) the South Australian State Emergency Service; or (iv) the South Australian Fire and Emergency Services Commission; or (c) the disposal, in accordance with an environmental authorisation, of gaseous waste produced in the course of a prescribed activity of environmental significance; or (d) burning undertaken in accordance with a permit or other authority issued under the Fire and Emergency Services Act 2005 or as otherwise authorised by or under that Act; or (e) burning for the purposes of fuel load reduction or other fire prevention or control purposes as required or authorised by or under the Fire and Emergency Services Act 2005; or (f) burning for the purposes of native vegetation clearance as required or authorised by or under the Native Vegetation Act 1991; or (g) burning as required or authorised by or under a prescribed Act. (2) Nothing in this policy affects the operation of an authority or exemption given by or under any Act or law (other than the Environment Protection Act 1993) and in force immediately before the commencement of this policy. (3) In this clause— firefighter has the same meaning as in the Fire and Emergency Services Act 2005; fire‑fighting has the same meaning as in the Fire and Emergency Services Act 2005.