Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 440ZL

440ZL Sale of solid fuel-burning equipment for use in residential premises and related matters

(1) A person must not sell solid fuel-burning equipment for use in residential premises unless—

(a) a certificate (a
"certificate of compliance" ) has been issued by an accredited entity for the equipment stating—

(i) the entity has tested equipment that is the same as the equipment mentioned in the certificate under the test procedures set out in the prescribed standard; and

(ii) the equipment had a particle release factor not more than the allowable appliance release factor stated in the prescribed standard; and

(b) a plate or plates have been attached to the equipment under the prescribed standard.

(2) If an accredited entity issues a certificate of compliance for solid fuel-burning equipment, the manufacturer of the equipment must attach a plate or plates to the equipment under the prescribed standard before selling or otherwise transferring the equipment to another person.

(3) A person must not use, or transfer to another person, certified equipment if the person knows—

(a) a plate attached to the equipment under the prescribed standard has been defaced or removed, or the information on the plate has been altered; or

(b) there has been a material modification or alteration of—

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

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

(4) However, subsection (3) (b) does not apply to modified or altered equipment—

(a) issued with a certificate of compliance by an accredited entity; or

(b) subject to a retesting exemption under the prescribed standard; or

(c) if the specifications of the replacement components are equivalent or superior to those used in the equipment for which a certificate of compliance issued by an accredited entity applies.

(5) A person who contravenes this section commits an offence.

Penalty—

Maximum penalty—

(a) if the contravention is done wilfully—1,665 penalty units; or

(b) otherwise—600 penalty units.

(6) The chief executive may, by gazette notice, declare an entity to be an accredited entity for this section if the chief executive is satisfied the entity is—

(a) a recognised service provider in the industry for solid fuel-burning equipment; and

(b) not a manufacturer or importer of solid fuel-burning equipment.

(7) In this section—

"accredited entity" means—

(a) the Australian Home Heating Association Inc; or

(b) an entity declared to be an accredited entity under subsection (6) .

Note—

See also section 646 in relation to the Energy Information Centre in South Australia.

"certified equipment" means solid fuel-burning equipment to which a plate or plates have been attached under the prescribed standard.

"solid fuel-burning equipment" means fuel-burning equipment to which the prescribed standard applies.