New South Wales Repealed Regulations

This legislation has been repealed.

PROTECTION OF THE ENVIRONMENT OPERATIONS (CLEAN AIR) REGULATION 2021 - REG 58

58 Exemption relating to emission of smoke

(1) The EPA may, by written notice given to a public authority, exempt the public authority from the operation of section 128 of the Act and Divisions 2 and 3, in so far as those provisions relate to the emission of smoke.

(2) The EPA may only grant such an exemption in relation to smoke emitted in the course of the following activities--

(a) research to improve safety in relation to the flammability of materials and smoke reduction, including the development of testing procedures,

(b) training of fire-fighters,

(c) rating of the effectiveness of fire extinguishers and fire suppression systems,

(d) testing undertaken to certify that manufactured or imported products comply with Australian Standards or International Standards or meet any legislative requirements placed on them.

(3) Before granting an exemption under this clause, the EPA--

(a) must take into consideration the impact of the exemption on local and regional air quality and amenity, and

(b) must be satisfied that it is not practicable for the public authority to comply with the provisions referred to in subclause (1), in relation to the emission of smoke, by implementing operational changes to plant or practices.

(4) An exemption under this clause--

(a) is subject to any conditions that may be specified in the written notice by which it is granted, and

(b) may be amended or revoked by a further written notice given to the public authority, and

(c) unless sooner revoked by the EPA, remains in force--

(i) for a period of 12 months from the date it is granted, or

(ii) for any other period specified in the written notice by which it is granted, and

(d) extends to apply to any person acting at the direction of the public authority to which it is granted.