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.

135   Offence

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.