New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(1) A person must not, in a local government area specified in Part 1 of Schedule 1, burn anything in the open or in an incinerator, except in accordance with an approval.: Maximum penalty--100 penalty units, in the case of a corporation, or 50 penalty units, in the case of an individual.
(2) A person must not, in a local government area specified in Part 2 of Schedule 1, burn any vegetation in the open or in an incinerator, except in accordance with an approval.: Maximum penalty--100 penalty units, in the case of a corporation, or 50 penalty units, in the case of an individual.
(3) A person must not, in a local government area specified in Part 3 of Schedule 1, burn anything, other than vegetation, in the open or in an incinerator, except in accordance with an approval.: Maximum penalty--100 penalty units, in the case of a corporation, or 50 penalty units, in the case of an individual.
(4) It is not an offence under this clause--(a) to cook or barbecue in the open, or to light, maintain or use a fire for recreational purposes such as camping, picnicking, scouting or other similar outdoor activities, so long as only dry seasoned wood, liquid petroleum gas (LPG), natural gas or proprietary barbecue fuel, including a small quantity of fire starter, is used, or(b) to burn vegetation, in the course of carrying on agricultural operations, on premises on which the vegetation grew, including--(i) the burning of vegetation for the purposes of clearing, other than for construction, or(ii) the burning of stubble, orchard prunings, diseased crops, weeds or pest animal habitats on farms, or(iii) the burning of pasture for regenerative purposes, or(c) to burn anything for the purposes of the giving of instruction in methods of fire fighting by any of the following persons when acting in the person's official capacity--(i) an officer or member of a fire fighting authority, within the meaning of the Rural Fires Act 1997 ,(ii) a fire control officer, within the meaning of the Rural Fires Act 1997 ,(iii) an industrial fire control officer, or(d) to burn anything under the authority of, and in accordance with, a bush fire hazard reduction certificate issued under the Rural Fires Act 1997 , or(e) to burn anything in an incinerator that is authorised or controlled by a licence under the Act, or(f) to burn anything in an incinerator that--(i) is equipped with a primary and secondary furnace, and(ii) is designed, maintained and operated in a manner that ensures the maintenance of appropriate temperatures for the complete combustion of anything that the incinerator is designed to burn and prevents the escape of sparks or other burning material, and(iii) is equipped with suitable equipment that is designed, maintained and operated for the purposes of controlling air impurities in the exhaust gas once the incineration process has been completed, and(iv) is not installed in a residential building comprising home units, flats or apartments, or(g) to burn air impurities by the process known as flaring if the flare is designed, maintained and operated so as to prevent or minimise air pollution.Note--: See clause 50(a) for an operating requirement for flares.
(5) It is not an offence under subclause (3) to burn domestic waste on residential premises in a local government area specified in Part 3 of Schedule 1, being premises on which the waste was generated, if domestic waste management services are not available to those premises.