Environmental Protection (Unauthorised Discharges) Regulations 2004 (WA)

Western Australia Environmental Protection Act 1986 Environmental Protection (Unauthorised Discharges) Regulations 2004 Western Australia Environmental Protection (Unauthorised Discharges) Regulations 2004 Contents 1. Citation 1 2. Interpretation 1 3. Discharges of certain materials prohibited 1 4. Discharges of visible smoke from burning certain materials and dark smoke prohibited 2 5. Defences 2 6. Environmental Protection Regulations 1987 amended 3 7. Clean Air Regulations 1967 repealed 3 Schedule 1 — Materials that must not be discharged into the environment Schedule 2 — Materials that must not be burnt so as to discharge visible smoke into the environment Notes Compilation table 6 Defined terms Western Australia Environmental Protection Act 1986 Environmental Protection (Unauthorised Discharges) Regulations 2004

1. Citation These regulations may be cited as the Environmental Protection (Unauthorised Discharges) Regulations 2004.

2. Interpretation In these regulations unless the contrary intention appears — dark smoke means smoke that, if compared with a chart known as the Australian Miniature Smoke Chart (AS 3543 1989), would appear darker than shade 1 on that chart.

3. Discharges of certain materials prohibited (1) A person who, in the course of or in connection with a business or a commercial activity, causes or allows a material listed in Schedule 1 to be discharged into the environment commits an offence. Penalty: $5 000. (2) Subregulation (1) does not apply if — (a) the material discharged into the environment is a detergent and the detergent — (i) was used as a wetting agent on a lawn or in a garden; and (ii) was applied or used at a frequency or rate that was not in excess of that recommended by the manufacturer of the wetting agent; or (b) the material discharged into the environment is a pesticide or horticultural product and the pesticide or horticultural product was applied or used at a frequency or rate that was not in excess of that recommended by its manufacturer.