Environmental Management and Pollution Control (Smoke) Regulations 2019 (Tas)

Environmental Management and Pollution Control (Smoke) Regulations 2019

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 .

18 June 2019

C. WARNER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Environment

PART 1 - Preliminary

1. Short title These regulations may be cited as the Environmental Management and Pollution Control (Smoke) Regulations 2019 .

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

3. Interpretation In these regulations, unless the contrary intention appears – Act means the Environmental Management and Pollution Control Act 1994 ; AS/NZS 4012:2014 means the Australian and New Zealand Standard AS/NZS 4012 entitled "Domestic solid fuel burning appliances – Method for determination of power output and efficiency" published by Standards Australia and Standards New Zealand in 2014; AS/NZS 4013:2014 means the Australian and New Zealand Standard AS/NZS 4013 entitled "Domestic solid fuel burning appliances – Method for determination of flue gas emission" published by Standards Australia and Standards New Zealand in 2014; heating appliance means any solid-fuel-burning heating appliance to which AS/NZS 4012:2014 or AS/NZS 4013:2014 applies, including the firebox of any such heater, regardless of whether that appliance or firebox – (a) was manufactured before or after the commencement of these regulations; or (b) is new or used; laboratory certificate has the meaning given by regulation 5(2) ; model, in relation to a heating appliance, means a heating appliance of a particular design made by a particular manufacturer; outdoor solid-fuel-burning cooking appliance means – (a) a barbeque that is burning solid fuel and is being used outdoors; or (b) a pizza oven that is burning solid fuel and is being used outdoors; outdoor solid-fuel-burning heater means – (a) a fire pit that is burning solid fuel and is being used outdoors for the purpose of providing heat; or (b) a fire pot, container or other outdoor heater that is burning solid fuel and is being used outdoors for the purpose of providing heat; or (c) a fireplace that is burning solid fuel and is being used outdoors for the purpose of providing heat – that is not principally designed for, or being used for, the purposes of smoking, heating or cooking food outdoors or heating or boiling water outdoors; prohibited waste means any one or more of the following: (a) asbestos; (b) tyres; (c) coated wire; (d) paint containers and residues; (e) chemical containers and residues; (f) timber treated with copper chrome arsenate (CCA), pentachlorophenol (PCP), oil or any other chemical; (g) rubber; (h) painted wood; (i) plastic; (j) oil; (k) household waste; (l) linen; (m) foam rubber; (n) polystyrene; residential premises means – (a) any building or part of a building used as, or for the purposes of, a residence; and (b) the block of land on which the building, or part of the building, is situated; solid fuel means – (a) wood that is unpainted, untreated and uncontaminated; or (b) vegetative waste; or (c) pellet fuel; or (d) briquettes; or (e) paper; or (f) coal; or (g) charcoal; or (h) peat.