Part 5.4124 Operation of plant (other than domestic plant)
The occupier of any premises who operates any plant in or on those premises in such a manner as to cause air pollution from those premises is guilty of an offence if the air pollution so caused, or any part of the air pollution so caused, is caused by the occupier’s failure:(a) to maintain the plant in an efficient condition, or(b) to operate the plant in a proper and efficient manner.
125 Maintenance work on plant (other than domestic plant)
The occupier of any premises who carries out maintenance work on any plant in or on those premises in such a manner as to cause air pollution from those premises is guilty of an offence if the air pollution so caused, or any part of the air pollution so caused, is caused by the occupier’s failure to carry out that work in a proper and efficient manner.
(1) The occupier of any premises who deals with materials in or on those premises in such a manner as to cause air pollution from those premises is guilty of an offence if the air pollution so caused, or any part of the air pollution so caused, is caused by the occupier’s failure to deal with those materials in a proper and efficient manner.(2) In this section:deal with materials means process, handle, move, store or dispose of the materials.
materials includes raw materials, materials in the process of manufacture, manufactured materials, by-products or waste materials.
127 Proof of causing pollution
To prove that air pollution was caused from premises, within the meaning of sections 124–126, it is sufficient to prove that air pollution was caused on the premises, unless the defendant satisfies the court that the air pollution did not cause air pollution outside the premises.
128 Standards of air impurities not to be exceeded
(1) The occupier of any premises must not carry on any activity, or operate any plant, in or on the premises in such a manner as to cause or permit the emission at any point specified in or determined in accordance with the regulations of air impurities in excess of:(a) the standard of concentration and the rate, or(b) the standard of concentration or the rate,prescribed by the regulations in respect of any such activity or any such plant.(2) Where neither such a standard nor rate has been so prescribed, the occupier of any premises must carry on any activity, or operate any plant, in or on the premises by such practicable means as may be necessary to prevent or minimise air pollution.(3) A person who contravenes this section is guilty of an offence.
129 Emission of odours from premises licensed for scheduled activities
(1) The occupier of any premises at which scheduled activities are carried on under the authority conferred by a licence must not cause or permit the emission of any offensive odour from the premises to which the licence applies.(2) It is a defence in proceedings against a person for an offence against this section if the person establishes that:(a) the emission is identified in the relevant environment protection licence as a potentially offensive odour and the odour was emitted in accordance with the conditions of the licence directed at minimising the odour, or(b) the only persons affected by the odour were persons engaged in the management or operation of the premises.(3) A person who contravenes this section is guilty of an offence.
(1) Sections 124, 125 and 126 have effect despite anything contained in section 128 or 129.(2) Section 129 has effect despite anything contained in section 128.
131 Exclusion of residential premises
This Division does not apply to plant or materials, or the carrying on of an activity, in or on premises used only for residential purposes.
132 Maximum penalty for air pollution offences
A person who is guilty of an offence under this Division is liable, on conviction:(a) in the case of a corporation—to a penalty not exceeding $1,000,000 and, in the case of a continuing offence, to a further penalty not exceeding $120,000 for each day the offence continues, or(b) in the case of an individual—to a penalty not exceeding $250,000 and, in the case of a continuing offence, to a further penalty not exceeding $60,000 for each day the offence continues.
Division 2 Air pollution from fires
133 Prohibition by EPA of burning in open air or incinerators
(1) This section applies if the EPA is of the opinion that weather conditions are such that the burning of fires in the open or in incinerators while those conditions persist will contribute or is likely to contribute to air pollution to such an extent that the making of an order under this section is warranted.(2) The EPA may, by order published in accordance with this section, prohibit, unconditionally or conditionally, the burning of fires in the open or in all or any specified classes of incinerators.(3) An order under this section has effect for such period (not exceeding 7 days) as is specified in the order, but may be revoked by a further order under this section.(4) An order under this section must be:(a) published in a daily newspaper circulating throughout the State not later than on the day on which the order is to take effect, or(b) broadcast by radio or television throughout the area of the State to which it relates not later than on the eve of the day on which the order is to take effect.(5) An order under this section may be limited in any way specified in the order, including:(a) to specified areas or classes of areas,(b) to specified persons or classes of persons,(c) to specified times or circumstances,(d) to specified purposes or classes of purposes.(6) An order under this section has effect even though it prohibits burning that is permitted by any regulation relating to the burning of fires.
134 Directions by authorised officers concerning fires
(1) This section applies if an authorised officer is of the opinion that a fire is burning in or on any premises and:(a) the fire is prohibited by an order of the EPA under this Division or by the regulations, or(b) air pollution from the fire is injurious to the health of any person or is causing or is likely to cause serious discomfort or inconvenience to any person.(2) The authorised officer may, by notice in writing given to:(a) the occupier of the premises or person apparently in charge of the premises, or(b) the person apparently in charge of the fire,direct the occupier or other person to whom the notice is given to extinguish the fire immediately.(3) The authorised officer may, by that notice, also direct the occupier or other person not to light or maintain a similar fire in or on the premises during such period (not exceeding 48 hours) as is specified in the notice.(4) A notice under this section may be revoked by a further notice under this section.
A person who, without reasonable excuse, does not comply with an order or notice under this Division is guilty of an offence.Maximum penalty: 30 penalty units.
Division 3 Domestic air pollution
In this Division:chimney means a chimney, flue, pipe or other similar means of conveying smoke emitted inside residential premises to the outside.
excessive smoke means the emission of a visible plume of smoke from a chimney for a continuous period of not less than 10 minutes, including a period of not less than 30 seconds when the plume extends at least 10 metres from the point at which the smoke is emitted from the chimney.
residential premises means premises used wholly or partly as a residence.
(1) If it appears to an authorised officer of an appropriate regulatory authority that is a local authority that excessive smoke is being, or has at any time within the past 7 days been, emitted from a chimney on or in residential premises, the officer may give the person whom the officer believes to be the occupier of the premises a smoke abatement notice directing the person to ensure that excessive smoke is not emitted from the chimney at any time after 21 days following the giving of the notice.(2) A smoke abatement notice is to be in writing.(3) A smoke abatement notice ceases to have effect 6 months after the day on which it is given or when it is revoked, whichever occurs first.(4) This section does not apply to a chimney that is in or on an incinerator or is used only in relation to smoke originating from outside a residence.
135C Contravention of smoke abatement notices
(1) A person to whom a smoke abatement notice has been given must not, without reasonable excuse, fail to comply with the notice while the notice remains in force.Maximum penalty: 30 penalty units.
(2) A smoke abatement notice does not prevent the emission of smoke that is not excessive smoke.(3) In any proceedings for an offence under this section, a document signed by the authorised officer of an appropriate regulatory authority who issued a smoke abatement notice certifying that the officer had, at a specified time and place:(a) observed a plume of smoke being emitted from a chimney on or in premises specified in the certificate for a continuous period of not less than 10 minutes, and(b) observed during that period a plume of smoke extending at least 10 metres from the point at which the smoke was emitted from the chimney for a period of not less than 30 seconds,is evidence of the matters so certified, unless the contrary is proved.
135D Revocation of smoke abatement notices
A smoke abatement notice may be revoked by the appropriate regulatory authority for which the person who gave the notice is an authorised officer.