(1)  A person who is the occupier of a building or land is not to cause or allow to be emitted, from a heater, fireplace, barbecue, hot water heating appliance or cooking appliance, smoke that –

(a) is visible for a continuous period of 10 minutes or more; and

(b) during that continuous 10-minute period, is visible for a continuous period of 30 seconds or more –

(i) in the case of a heater, fireplace, barbecue, hot water heating appliance or cooking appliance in a building, at a distance of 10 metres or more from the point on the building where the smoke is emitted; or

(ii) in the case of a heater, fireplace, barbecue, hot water heating appliance or cooking appliance that is not in a building, at a distance of 10 metres or more from the point where the smoke is emitted.

(2)  If an authorized officer or a council officer is of the opinion that a person who appears to be the occupier of a building or land is contravening subregulation (1) , the officer may serve a written notice on that person requiring him or her to take action, within 21 days after the day the written notice is served on him or her, to reduce the emission of smoke from the heater, fireplace, barbecue, hot water heating appliance or cooking appliance so that it complies with that subregulation when in use.

(3)  A person served with a written notice under subregulation (2) must comply with that written notice.

Penalty:  Fine not exceeding 10 penalty units.