(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; or

(v) charcoal; or

(vi) peat; 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; or

(e) charcoal; or

(f) peat.

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.