Australian Capital Territory Repealed Acts

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This legislation has been repealed.

AIR POLLUTION ACT 1984 (REPEALED) - SECT 24

24. (1) Where a person operates, or causes or permits to be operated, any fuel-burning equipment or industrial plant, or carries on, or permits the carrying on of, any trade, industry or process, on those premises, the person shall take such steps as are necessary to prevent, so far as is practicable, the emission of pollutants into the air—

        (a)     otherwise than through a chimney on those premises; or

        (b)     where no standard of concentration or rate of emission is prescribed in relation to those pollutants.

(2) A person who contravenes subsection (1) is guilty of an indictable offence punishable, on conviction, by a fine not exceeding—

        (a)     in case of a body corporate—$25,000; or

        (b)     in the case of a natural person—$5,000.

Sale of solid fuel-burning equipment

24A. (1) A person shall not sell solid fuel-burning equipment, other than prescribed equipment, for use on residential premises unless—

        (a)     it complies with AS 4013; and

        (b)     a certificate of compliance under subsection (3) has been issued in relation to equipment of the same type by a person or body authorised by the Authority by instrument for the purposes of this paragraph.

(2) A person who, without reasonable excuse, contravenes subsection (1) is guilty of an indictable offence punishable, on conviction, by a fine not exceeding—

        (a)     in the case of a natural person—$3,000; or

        (b)     in the case of a body corporate—$15,000.

(3) For the purposes of paragraph (1) (b), an authorised person or body may certify, in relation to solid fuel-burning equipment of a particular type, that—

        (a)     equipment of that type has been tested (whether by that person or body, or by another person or body) in accordance with the test procedure specified in AS 4013; and

        (b)     the authorised person or body is satisfied that the equipment tested had an appliance particulate emission factor not greater than the maximum allowable particulate emission factor specified in section 7 of AS 4013.

(4) An instrument under paragraph (1) (b) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .

(5) Paragraph 6 (1) (c) and subsections 6 (7), (7A) and (7B) of the Subordinate Laws Act 1989 apply to an instrument under paragraph (1) (b) as if a reference in each of those provisions to 15 sitting days were a reference to 5 sitting days.

Interference with solid fuel-burning equipment or attached plates

24B. (1) A person shall not alter the information on, or remove, a plate attached to solid fuel-burning equipment that contains information required to be marked on a plate in accordance with section 10 of AS 4013.

(2) A person who sells solid fuel-burning equipment for use on residential premises, or installs solid fuel-burning equipment on residential premises, shall not alter in a material way—

        (a)     the structure, exhaust system or inlet air system of the equipment; or

        (b)     a part of the equipment that is involved in the combustion process.

(3) Subsection (2) does not apply to the sale or installation of prescribed equipment.

(4) A person who, without reasonable excuse, contravenes subsection (1) or (2) is guilty of an indictable offence punishable, on conviction, by a fine not exceeding—

        (a)     in the case of a natural person—$3,000; or

        (b)     in the case of a body corporate—$15,000.

Summary proceedings for indictable offences



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