(1)  A person must not burn waste or fuel in the open or in an incinerator on land that has an area of less than 2 000 square metres, unless the waste or fuel –

(a) is –

(i) unpainted, untreated and uncontaminated wood; or

(ii) vegetative waste; or

(iii) vegetation; or

(iv) paper; and

(b) is burnt –

(i) in accordance with a council by-law made in accordance with the Local Government Act 1993 ; or

(ii) in accordance with a permit issued under the Fire Service Act 1979 ; or

(iii) for the sole or primary purpose of reducing a potential fire hazard.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not burn waste or fuel in the open or in an incinerator on land that has an area of 2 000 square metres or more, unless the waste or fuel is –

(a) unpainted, untreated and uncontaminated wood; or

(b) vegetative waste; or

(c) vegetation; or

(d) paper.

Penalty:  Fine not exceeding 50 penalty units.

(3)  This regulation does not apply to a person burning waste or fuel that is an accelerant, if it is used only for the purpose of lighting waste or fuel of a kind referred to in subregulations (1) and (2) in the open or in an incinerator.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 15 August 2007

These regulations are administered in the Department of Tourism, Arts and the Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) provide that certain heating appliances that burn solid fuel and are sold in, manufactured in or imported into Tasmania for sale must comply with Australian and New Zealand Standard AS/NZS 4013 entitled "Domestic solid fuel burning appliances – Method for determination of flue gas emission" ; and

(b) regulate the emission of smoke from, and the burning of solid fuels in, heating appliances, fireplaces, barbecues and certain other appliances that burn solid fuel; and

(c) prescribe the kinds of wastes and fuels that may be burnt in the open or in incinerators on certain land.