New South Wales Repealed Regulations

This legislation has been repealed.

PROTECTION OF THE ENVIRONMENT OPERATIONS (CLEAN AIR) REGULATION 2021 - REG 13

13 Approval for certain fires or incinerators

Note--: An approval may be granted so as to permit burning in circumstances where it would otherwise be prohibited under this Division.
However, burning may still be prohibited by an order of the EPA under section 133 of the Act or by an order under the Rural Fires Act 1997 .

(1) The EPA may grant an approval for the purposes of this Part--

(a) to any class of persons--by notice published in the Gazette, or

(b) to any particular person--by written notice given to the person.

(2) The council of a local government area specified in Part 2 of Schedule 1 may grant an approval for the purposes of this Part in respect of the burning of dead and dry vegetation on the premises on which the vegetation grew in the local government area--

(a) to any class of persons--by notice published in the Gazette and in such other manner as the council is satisfied is likely to bring the notice to the attention of persons of that class, or

(b) to any particular person--by written notice given to the person.

(3) Before granting an approval for the purposes of this Part, the EPA or local council concerned must take the following matters into consideration--

(a) the impact on regional air quality and amenity,

(b) the impact on local air quality and amenity,

(c) the feasibility of re-use, recycling or other alternative ways of disposal,

(d) any opinions of the sector of the public likely to be affected by the proposed approval,

(e) in the case of an approval under subclause (2)(a)--any opinions of the EPA in relation to the proposed approval.

(4) An approval--

(a) is subject to such conditions, if any, as are specified in the notice by which the approval is granted, and

(b) may be amended or revoked by notice given or published in the same way as the original notice granting the approval was given or published, and

(c) remains in force for a period of 12 months, or such other period as is specified in, or implied by, the approval, from the date it is granted unless sooner revoked by the authority that granted it.