{"id":"clean-air-determination-of-air-impurities-in-gases-discharged-to-the-atmosphere-regulations-1983","name":"Clean Air (Determination of Air Impurities in Gases Discharged to the Atmosphere) Regulations 1983","slug":"clean-air-determination-of-air-impurities-in-gases-discharged-to-the-atmosphere-regulations-1983","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174305,"registerId":"wa-clean-air-determination-of-air-impurities-in-gases-discharged-to-the-atmosphere-regulations-1983-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Clean Air (Determination of Air Impurities in Gases Discharged to the Atmosphere) Regulations 1983","content":"![Crest]()Western Australia\n\nEnvironmental Protection Act 1986 2\n\nClean Air (Determination of Air Impurities in Gases Discharged to the Atmosphere) Regulations 1983\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 18 March 2005**\n\n\nWestern Australia\n\nClean Air (Determination of Air Impurities in Gases Discharged to the Atmosphere) Regulations 1983\n\nContents\n\n1. Citation 1\n\n2. Interpretation 1\n\n3. Standard of concentration 2\n\n4. Manner of determination of the standard of concentration of solid particles 2\n\n5. Dark smoke 3\n\nNotes\n\nCompilation table 5\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 18 March 2005**\n\n\nWestern Australia\n\nEnvironmental Protection Act 1986 2\n\nClean Air (Determination of Air Impurities in Gases Discharged to the Atmosphere) Regulations 1983\n\n##### 1. Citation\n\nThese regulations may be cited as the *Clean Air (Determination of Air Impurities in Gases Discharged to the Atmosphere) Regulations 1983* 1.\n\n##### 2. Interpretation\n\nIn these regulations unless the contrary intention appears —\n\n  boiler means any vessel in which for any purpose water is heated by any combustion material with a total heat input of 100 or more megajoules per hour;\n\n  cubic metre means that volume of dry gas which occupies a cubic metre at a temperature of 0° Celsius and at an absolute pressure equivalent to one atmosphere;\n\n  dark smoke means smoke that, if compared with charts known as the Ringelmann Chart or Miniature Ringelmann Chart described in regulation 5(7), would appear darker than shade 1 on either of those charts;\n\n  flue or duct means any exhaust, flue, duct, structure or opening from or through which air impurities are or are likely to be emitted to the atmosphere.\n\n[Regulation 2 amended: Gazette 21 Jun 1985 p. 2201.]\n\n##### 3. Standard of concentration\n\nFor the purposes of section 33(1) of the Act 3, in respect of —\n\n(a) any boiler or incinerator emitting solid particles — the standard of concentration at the point of emission determined in accordance with regulation 4(2), of solid particles in residual gases, adjusted to a basis of 12% carbon dioxide shall be 0.25 g/m3;\n\n(b) any other trade, industry, process, industrial plant or fuel burning equipment emitting solid particles not mentioned in paragraph (a) — the standard of concentration at the point of emission, determined in accordance with regulation 4(2) of these regulations of solid particles in residual gases before admixture with air, smoke or other gases shall be 0.25 g/m3.\n\n##### 4. Manner of determination of the standard of concentration of solid particles\n\n(1) The standard of concentration of solid particles in each cubic metre of residual gas at the point of emission shall be determined in the following manner — the sample of solid particles entrained in the exhaust gas shall be withdrawn from the flue or chimney in such a way that the velocity of the gases entering a sample nozzle placed in the flue or chimney is, as nearly as practicable the same as the velocity of the gases flowing in the flue or chimney at the sampling point.\n\n(2) For the purposes of section 33(1) of the Act 3 the prescribed point is a point —\n\n(a) that is not less than —\n\n(i) 2D away from a bend or change in direction of the gas flow; and\n\n(ii) 3D away from a fan or damper,\n\nwhere D is the diameter of the flue, or in the case of a rectangular flue, D is the mean of its width and breadth;\n\n(b) at which the average gas velocity is greater than 3 metres per second; and\n\n(c) that is downstream of any dust control equipment.\n\n(3) To collect a representative sample of solid particles, increments of sample shall be withdrawn from the flue at points contained in the sampling plane at the prescribed point of emission.\n\n(4) The number of sampling points shall be —\n\n(a) not less than 4 for duct areas smaller than 0.20 square metres;\n\n(b) not less than 8 for duct areas between 0.20 and 2.0 square metres; and\n\n(c) not less than one for each 0.25 square metres of the sampling plane for duct areas larger than 2.0 square metres,\n\nand the sampling points shall be at the centre of equal areas over the sampling plane.\n\n(5) The sampling time is to be the same for each sampling point, and, shall not in any case be less than 3 minutes.\n\n(6) The sample of solid particles is to be separated from the gas by a filter of fibreglass, alundum or some other suitable material which will withstand the conditions existing at the sampling position.\n\n##### 5. Dark smoke\n\n(1) The method by which it is ascertained that smoke is dark smoke is by the use of a Ringelmann Chart or Miniature Ringelmann Chart.\n\n(2) The chart is to be held or fixed in a position facing the observer and is to be in line with the observer and the source under observation.\n\n(3) The darkness of the air impurities at the point where they leave the source is to be compared with the shades on the chart.\n\n(4) The shade which most closely matches the darkness of the air impurities and the time of the duration of this shade are to be noted.\n\n(5) As far as practicable, when observations are made with the sun shining, the position of the observer and the chart is to be such that the sun, chart and observer form a right angle.\n\n(6) When the Ringelmann Chart is used, the observer is to be 15 to 30 metres from the chart and when the Miniature Ringelmann Chart is used, the observer is to be 1 to 5 metres from the chart.\n\n(7) The Ringelmann Chart and Miniature Ringelmann Chart used for making the measurements described in this regulation shall correspond to charts held by the Minister certified as the standard charts under the signature of the Minister.\n\n[Regulation 5 amended: Gazette 21 Jun 1985 p. 2202.]\n\nNotes\n\n1 This reprint is a compilation as at 18 March 2005 of the *Clean Air (Determination of Air Impurities in Gases Discharged to the Atmosphere) Regulations 1983* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Clean Air (Determination of Air Impurities in Gases Discharged to the Atmosphere) Regulations 1983* | 13 May 1983 p. 1436‑7 | 13 May 1983 |\n| *Clean Air (Administration) Amendment Regulations 1985* Pt. V | 21 Jun 1985 p. 2201‑2 | 21 Jun 1985 (see r. 2 and *Gazette* 21 Jun 1985 p. 2188) |\n| **Reprint 1: The *Clean Air (Determination of Air Impurities in Gases Discharged to the Atmosphere) Regulations 1983* as at 18 Mar 2005** (includes amendments listed above) | | |\n\n\n2 These regulations were originally made under the *Clean Air Act 1964*. By virtue of the *Environmental Protection Act 1986* s. 127 which gives effect to Sch. 4 cl. 20, these regulations are deemed to have been made under s. 123 of that Act.\n\n3 Refers to the *Clean Air Act 1964*, which was repealed by the *Acts Amendment and Repeal (Environmental Protection) Act 1986*.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nboiler 2\n\ncubic metre 2\n\ndark smoke 2\n\nduct 2\n\nflue 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations were originally made under the Clean Air Act 1964 but are deemed to have been made under s.123 of the Environmental Protection Act 1986 (see Notes). The substantive standards and measurement methods in the text remain the operative instruments, but their legal parent and enforcement framework changed by deeming rather than by altering the technical scope (Notes, compilation table)."},"complexity_factors":["Technical measurement rules are detailed and prescriptive (sampling velocity, sampling plane location, downstream of dust control) — regs 4(1)–4(2).","Sampling design requirements add operational steps (number of sampling points by duct area, equal-area centres, equal sampling time, minimum 3 minutes) — regs 4(3)–4(5).","Numeric standard and basis adjustment require concentration normalisation (0.25 g/m3, adjusted to 12% CO2 for boilers/incinerators) — reg 3(a)–(b).","Definitions narrow scope and trigger obligations (e.g. 'boiler' ≥100 MJ/h) so applicability is technical — reg 2.","Dark smoke determination depends on observer procedure and certified Ringelmann charts, creating subjective observation elements alongside instrumentation — regs 2, 5(1)–(7).","Compliance imposes equipment and personnel costs (sampling probes, filters of specified materials, trained observers) implied by regs 4(6) and 5.","Legal cross‑references to the parent Act and later deeming provisions affect enforcement pathway and authority — reg 3 and Notes."],"plain_english_summary":"Mechanically: prescribes how to measure and limit solid particles and “dark smoke” from industrial exhausts, setting a numeric ceiling of 0.25 g/m3 (boilers/incinerators measured on a 12% CO2 basis) and detailed sampling locations, sample counts, durations, filter types and Ringelmann‑chart observation rules. \n\nAffects operators of boilers (≥100 MJ/h), incinerators, other fuel‑burning equipment and regulators; matters because it creates the technical tests that determine compliance, imposing monitoring equipment, sampling and observer requirements that drive enforcement and operational choices."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the legislative text is unavailable. The title suggests a narrow, technical focus on measurement methodology for air emissions, which is consistent with a regulation of this type — but no comparison between original intent and current operation can be made."},"complexity_factors":["The actual legislative text is unavailable — analysis is based on title and metadata only, severely limiting assessment","Technical measurement regulations of this type typically involve scientific methodology and standards, which can add complexity","Regulations from 1983 may have been amended multiple times, potentially creating layered obligations that are difficult to trace without the full text","The relationship between this regulation and its enabling parent Act cannot be assessed without the text"],"plain_english_summary":"This 1983 Western Australian regulation sets rules for measuring pollutants in gases discharged to the atmosphere, prescribing technical methods and standards for emissions testing. It matters to businesses and industries that release industrial gases, environmental regulators and inspectors, and consultants who carry out monitoring and compliance checks — ensuring air quality is measured consistently and regulators can enforce limits."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing technical measurement methods for air impurities. The 1985 amendments were minor clarifications to definitions and dark smoke testing procedures. The 1986 transition to the Environmental Protection Act 1986 was purely administrative (deemed making under schedule 4), not a substantive expansion of scope."},"complexity_factors":["Only 4 defined terms in the interpretation section (boiler, cubic metre, dark smoke, flue/duct)","Straightforward technical measurement procedures without nested conditions","Single cross-reference to the parent Act (Environmental Protection Act 1986) via deemed making provision","No exceptions to exceptions; conditional logic is limited to simple 'if/then' sizing rules for sampling points","Length is short (5 regulations plus interpretation)","Technical but not legally convoluted — the complexity is scientific (sampling methodology) rather than legal"],"plain_english_summary":"These regulations set the technical rules for measuring air pollution from industrial smokestacks and exhausts in Western Australia. They tell factories and industrial operators exactly how to test whether their smoke and emissions are clean enough to meet legal standards.\n\n**What it covers:**\n- **Solid particles** (soot, dust, ash) coming out of boilers, incinerators, and industrial equipment\n- **Dark smoke** (visible black or grey smoke)\n\n**Key rules:**\n- **Concentration limit**: No more than 0.25 grams of solid particles per cubic metre of exhaust gas (measured when adjusted to 12% carbon dioxide for boilers)\n- **Where to measure**: At specific points in the chimney or flue — at least 2 pipe-diameters away from bends, 3 pipe-diameters away from fans, and only after any pollution control equipment\n- **How to measure**: Using specialised sampling equipment that sucks gas out of the chimney at the same speed as the exhaust flow, with multiple sampling points depending on the chimney size (minimum 4 points for small chimneys, up to 1 per 0.25 square metres for large ones), each sampled for at least 3 minutes\n- **Dark smoke test**: Using a Ringelmann Chart (a standardised shade card) held at specific distances — if the smoke looks darker than shade 1, it's illegal \"dark smoke\"\n\n**Who it affects:**\n- Industrial operators with boilers burning 100+ megajoules per hour\n- Anyone running incinerators or industrial processes that emit particles\n- Environmental inspectors testing compliance\n\n**Why it matters:**\nThese rules ensure everyone measures pollution the same way, so businesses can't game the system with dodgy testing methods, and regulators can fairly enforce clean air laws."}},"importantCases":[],"_links":{"self":"/api/acts/clean-air-determination-of-air-impurities-in-gases-discharged-to-the-atmosphere-regulations-1983","history":"/api/acts/clean-air-determination-of-air-impurities-in-gases-discharged-to-the-atmosphere-regulations-1983/history","analysis":"/api/acts/clean-air-determination-of-air-impurities-in-gases-discharged-to-the-atmosphere-regulations-1983/analysis","conflicts":"/api/acts/clean-air-determination-of-air-impurities-in-gases-discharged-to-the-atmosphere-regulations-1983/conflicts","importantCases":"/api/acts/clean-air-determination-of-air-impurities-in-gases-discharged-to-the-atmosphere-regulations-1983/important-cases","documents":"/api/acts/clean-air-determination-of-air-impurities-in-gases-discharged-to-the-atmosphere-regulations-1983/documents"}}