{"id":"tas:sr-2019-034","name":"Environmental Management and Pollution Control (Smoke) Regulations 2019","slug":"environmental-management-and-pollution-control-smoke-regulations-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"34 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184476,"registerId":"tas-tas:sr-2019-034-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Environmental Management and Pollution Control (Smoke) Regulations 2019](/view/html/inforce/2026-04-12/sr-2019-034) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which their making is notified in the *Gazette*.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations, unless the contrary intention appears –\n> \n> > ***Act*** means the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) ;\n> \n> > ***AS/NZS 4012:2014*** means the Australian and New Zealand Standard AS/NZS 4012 entitled \"Domestic solid fuel burning appliances – Method for determination of power output and efficiency\" published by Standards Australia and Standards New Zealand in 2014;\n> \n> > ***AS/NZS 4013:2014*** means the Australian and New Zealand Standard AS/NZS 4013 entitled \"Domestic solid fuel burning appliances – Method for determination of flue gas emission\" published by Standards Australia and Standards New Zealand in 2014;\n> \n> > ***heating appliance*** means any solid-fuel-burning heating appliance to which AS/NZS 4012:2014 or AS/NZS 4013:2014 applies, including the firebox of any such heater, regardless of whether that appliance or firebox –\n> > \n> > > > (a) was manufactured before or after the commencement of these regulations; or\n> > > \n> > > > (b) is new or used;\n> \n> > ***laboratory certificate*** has the meaning given by [regulation 5(2)](#GS5@Gs2@EN) ;\n> \n> > ***model***, in relation to a heating appliance, means a heating appliance of a particular design made by a particular manufacturer;\n> \n> > ***outdoor solid-fuel-burning cooking appliance*** means –\n> > \n> > > > (a) a barbeque that is burning solid fuel and is being used outdoors; or\n> > > \n> > > > (b) a pizza oven that is burning solid fuel and is being used outdoors;\n> \n> > ***outdoor solid-fuel-burning heater*** means –\n> > \n> > > > (a) a fire pit that is burning solid fuel and is being used outdoors for the purpose of providing heat; or\n> > > \n> > > > (b) a fire pot, container or other outdoor heater that is burning solid fuel and is being used outdoors for the purpose of providing heat; or\n> > > \n> > > > (c) a fireplace that is burning solid fuel and is being used outdoors for the purpose of providing heat –\n> > \n> > that is not principally designed for, or being used for, the purposes of smoking, heating or cooking food outdoors or heating or boiling water outdoors;\n> \n> > ***prohibited waste*** means any one or more of the following:\n> > \n> > > > (a) asbestos;\n> > > \n> > > > (b) tyres;\n> > > \n> > > > (c) coated wire;\n> > > \n> > > > (d) paint containers and residues;\n> > > \n> > > > (e) chemical containers and residues;\n> > > \n> > > > (f) timber treated with copper chrome arsenate (CCA), pentachlorophenol (PCP), oil or any other chemical;\n> > > \n> > > > (g) rubber;\n> > > \n> > > > (h) painted wood;\n> > > \n> > > > (i) plastic;\n> > > \n> > > > (j) oil;\n> > > \n> > > > (k) household waste;\n> > > \n> > > > (l) linen;\n> > > \n> > > > (m) foam rubber;\n> > > \n> > > > (n) polystyrene;\n> \n> > ***residential premises*** means –\n> > \n> > > > (a) any building or part of a building used as, or for the purposes of, a residence; and\n> > > \n> > > > (b) the block of land on which the building, or part of the building, is situated;\n> \n> > ***solid fuel*** means –\n> > \n> > > > (a) wood that is unpainted, untreated and uncontaminated; or\n> > > \n> > > > (b) vegetative waste; or\n> > > \n> > > > (c) pellet fuel; or\n> > > \n> > > > (d) briquettes; or\n> > > \n> > > > (e) paper; or\n> > > \n> > > > (f) coal; or\n> > > \n> > > > (g) charcoal; or\n> > > \n> > > > (h) peat.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Heating Appliances to Comply with Australian Standards","content":"# Part 2 Heating Appliances to Comply with Australian Standards","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application of Part","content":"### 4 Application of Part\n\n> This Part applies to heating appliances that are designed, manufactured or adapted for domestic use on residential premises.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Heating appliances to comply with Australian Standards","content":"### 5 Heating appliances to comply with Australian Standards\n\n> > (1)  A person must not manufacture, import into Tasmania for sale or sell a heating appliance to any other person unless –\n> > \n> > > > (a) the heating appliance is marked in accordance with AS/NZS 4012:2014 and AS/NZS 4013:2014; and\n> > > \n> > > > (b) a laboratory certificate is in force in relation to heating appliances of the same model as that heating appliance.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units.\n> \n> > (2)  A laboratory certificate is a certificate issued by a laboratory registered with the National Association of Testing Authorities for testing for the purposes of AS/NZS 4012:2014 and AS/NZS 4013:2014.\n> \n> > (3)  If requested to do so by the Director, a person must produce to the Director, for inspection by the Director, a laboratory certificate that is in force in relation to heating appliances of the same model as any heating appliances that the person is manufacturing, importing into Tasmania for sale or selling.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Interference with heating appliances","content":"### 6 Interference with heating appliances\n\n> > (1)  A person must not alter, or cause or permit the alteration of, the structure, exhaust system or inlet air system of any heating appliance of a model to which a laboratory certificate relates.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units.\n> \n> > (2)  [Subregulation (1)](#GS6@Gs1@EN) does not apply in relation to –\n> > \n> > > > (a) the temporary modification of a heating appliance during the course of repairs being made to the heating appliance; or\n> > > \n> > > > (b) a heating appliance that has been installed in, and is sold together with, a building.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Emission of Smoke from Heating Appliances, Fireplaces, Outdoor Solid-Fuel-Burning Heaters and Outdoor Solid-Fuel-Burning Cooking Appliances","content":"# Part 3 Emission of Smoke from Heating Appliances, Fireplaces, Outdoor Solid-Fuel-Burning Heaters and Outdoor Solid-Fuel-Burning Cooking Appliances","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Emission of smoke from heating appliances, fireplaces, outdoor solid-fuel-burning heaters and outdoor solid-fuel-burning cooking appliances","content":"### 7 Emission of smoke from heating appliances, fireplaces, outdoor solid-fuel-burning heaters and outdoor solid-fuel-burning cooking appliances\n\n> > (1)  A person must not cause, or allow, a heating appliance, a fireplace or an outdoor solid-fuel-burning heater to emit smoke that –\n> > \n> > > > (a) is visible for a continuous period of 10 minutes or more; and\n> > > \n> > > > (b) during that continuous 10-minute period, is visible for a continuous period of 30 seconds or more –\n> > > > \n> > > > > > (i) in the case of a heating appliance or a fireplace that is in a building, or part of a building – at a distance of 10 metres or more from the point on the building, or part of the building, where the smoke is emitted; or\n> > > > > \n> > > > > > (ii) in the case of a heating appliance or an outdoor solid-fuel-burning heater that is not in a building, or part of a building – at a distance of 10 metres or more from the point where the smoke is emitted.\n> > \n> > Penalty:  Fine not exceeding 10 penalty units.\n> \n> > (2)  A person must not cause, or allow, an outdoor solid-fuel-burning cooking appliance, that is being used for a purpose other than smoking, heating or cooking food outdoors, or preparing to smoke, heat or cook food outdoors, or heating or boiling water outdoors, or preparing to heat or boil water outdoors, to emit smoke that –\n> > \n> > > > (a) is visible for a continuous period of 10 minutes or more; and\n> > > \n> > > > (b) during that continuous 10-minute period, is visible for a continuous period of 30 seconds or more at a distance of 10 metres or more from the point where the smoke is emitted.\n> > \n> > Penalty:  Fine not exceeding 10 penalty units.\n> \n> > (3)  If, in a proceeding for an offence against [subregulation (1)](#GS7@Gs1@EN) or [(2)](#GS7@Gs2@EN) , an authorised officer or a council officer gives evidence, based on the officer's own senses, that smoke was emitted from a building or land occupied by the defendant, that evidence is prima facie evidence of the matters so stated.\n> \n> > (4)  A person must take all reasonable measures to ensure that only dry solid fuel is burnt in a heating appliance, a fireplace, an outdoor solid-fuel-burning heater or an outdoor solid-fuel-burning cooking appliance.\n> > \n> > Penalty:  Fine not exceeding 10 penalty units.","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Control of Burning","content":"# Part 4 Control of Burning","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Prohibition on burning of prohibited waste","content":"### 8 Prohibition on burning of prohibited waste\n\n> Unless it is otherwise lawful to do so, a person must not burn any prohibited waste.\n> \n> Penalty:  Fine not exceeding 50 penalty units.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Burning of vegetation and vegetative waste on land with an area of less than 2 000 square metres","content":"### 9 Burning of vegetation and vegetative waste on land with an area of less than 2 000 square metres\n\n> > (1)  A person must not burn vegetation or vegetative waste in the open, or in an incinerator, on land that has an area of less than 2 000 square metres, unless –\n> > \n> > > > (a) the person uses all practicable means as are necessary to prevent or minimise air pollution; and\n> > > \n> > > > (b) if a valid permit is issued to the person under the [Fire Service Act 1979](/view/html/inforce/2026-04-12/act-1979-035) , he or she burns the vegetation or vegetative waste in accordance with the permit; and\n> > > \n> > > > (c) if valid by-laws, within the meaning of the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) , are made in accordance with that Act and are applicable to the person, he or she burns the vegetation or vegetative waste in accordance with those by-laws; and\n> > > \n> > > > (d) if a valid environment protection notice is issued, or caused to be issued, to the person under [section 44](/view/html/inforce/2026-04-12/act-1994-044#GS44@EN) of the Act, he or she burns the vegetation or vegetative waste in accordance with that environment protection notice.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units.\n> \n> > (2)  Without limiting [subregulation (1)](#GS9@Gs1@EN) , the means of preventing or minimising air pollution are to include –\n> > \n> > > > (a) means that have regard to the potential for smoke to have an adverse effect on human health and the environment, taking into account –\n> > > > \n> > > > > > (i) wind direction and wind speed; and\n> > > > > \n> > > > > > (ii) weather conditions; and\n> > > > > \n> > > > > > (iii) the length of time that the vegetation or vegetative waste being burnt is likely to burn; and\n> > > > > \n> > > > > > (iv) the proximity of any habitable building; and\n> > > \n> > > > (b) taking reasonable measures to ensure that –\n> > > > \n> > > > > > (i) only dry vegetation or vegetative waste is burnt; and\n> > > > > \n> > > > > > (ii) only vegetation or vegetative waste that is suitable for disposal by burning is burnt.","sortOrder":12},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Prescribed offences","content":"### 10 Prescribed offences\n\n> For the purposes of [section 72](/view/html/inforce/2026-04-12/act-1994-044#GS72@EN) of the Act –\n> \n> > > (a) an offence specified in column 1 of the table in [Schedule 1](#JS1@EN) is a prescribed offence; and\n> > \n> > > (b) a penalty specified in column 2 of the table in [Schedule 1](#JS1@EN) is the penalty prescribed as applicable for the offence to which it relates.","sortOrder":14},{"sectionNumber":"SCHEDULE 1 - Environmental Inf","sectionType":"part","heading":"SCHEDULE 1 - Environmental Infringement Notice Penalties","content":"# SCHEDULE 1 - Environmental Inf SCHEDULE 1 - Environmental Infringement Notice Penalties\n\n[Regulation 10](#GS10@EN)\n\n|  | Column 1 | Column 2 |\n|  | Regulation | Penalty (penalty units) |\n| 1. | Regulation 5(1) | 5 |\n| 2. | Regulation 5(3) | 5 |\n| 3. | Regulation 6(1) | 5 |\n| 4. | Regulation 7(1) | 2 |\n| 5. | Regulation 7(2) | 2 |\n| 6. | Regulation 7(4) | 2 |\n| 7. | Regulation 8 | 5 |\n| 8. | Regulation 9(1) | 5 |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 26 June 2019\n\nThese regulations are administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations set out a focused regulatory scope for domestic and residential solid‑fuel appliances and burning activities (reg 4; regs 5–9). They prescribe standards, certification, smoke limits, waste prohibitions and procedural enforcement measures without purporting to amend the Environmental Management and Pollution Control Act 1994; the instrument implements regulatory detail rather than expanding the Act's statutory coverage."},"complexity_factors":["Multiple external technical references: mandatory compliance with AS/NZS 4012:2014 and AS/NZS 4013:2014 for appliance testing and marking (regs 3 defs; reg 5).","Certification requirement: laboratory certificate must be from a NATA‑registered lab and be producible to the Director on request (reg 5(2)–(3)), adding administrative and testing costs.","Detailed, measurable emission rule: visible smoke prohibition uses combined continuous time and distance thresholds (continuous 10 minutes and a 30 second visibility at 10 metres) which can be factual but fact‑intensive to prove (reg 7(1)–(2)).","Interaction with other regimes and permits: burning on small land parcels must also comply with Fire Service permits, local government by‑laws and environment protection notices (reg 9(1)(b)–(d)), creating multi‑agency compliance points.","Range of penalties and infringement notices: primary fines up to 50 penalty units for some offences, with specified lower infringement penalties in Schedule 1, requiring administrative enforcement choices (reg 5, 6, 7, 8, 9; Schedule 1; reg 10).","Exceptions and limited carve‑outs: temporary repair modifications and equipment sold installed with buildings are exempted from the interference prohibition (reg 6(2)), requiring fact‑specific determinations.","Evidentiary rule: authorised or council officer sensory evidence about smoke emission is prima facie evidence in proceedings, shifting evidentiary burdens in enforcement (reg 7(3))."],"plain_english_summary":"These regulations set mandatory technical and operational rules for domestic solid‑fuel heating and outdoor solid‑fuel appliances in Tasmania. They require manufacturers, importers and sellers to use AS/NZS marking and a valid laboratory certificate for each model (reg 5), ban burning specified prohibited wastes (reg 8), limit visible smoke using time and distance thresholds (reg 7) and impose fines and infringement penalties for breaches, affecting manufacturers, sellers, occupiers and anyone burning vegetation."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear to remain focused on their original stated purpose of controlling smoke pollution under the Environmental Management and Pollution Control Act 1994. No amendments are evident from the metadata that would suggest scope has shifted since the regulations commenced on 26 June 2019."},"complexity_factors":["Subordinate legislation (regulations) rather than a standalone Act — requires reading in conjunction with the parent Environmental Management and Pollution Control Act 1994","Technical environmental standards likely referenced (though full content not provided for analysis)","Multiple potential enforcement bodies involved (EPA, local councils)","Limited complexity overall — smoke regulations tend to be more prescriptive and straightforward than broader environmental frameworks","Full substantive content of the regulations was not available, limiting definitive complexity assessment"],"plain_english_summary":"These Tasmanian regulations set practical rules under the Environmental Management and Pollution Control Act 1994 to address smoke pollution from sources like wood heaters, backyard burning, and industry. \n\nThey affect homeowners, businesses, local councils and neighbours by defining when smoke is unacceptable and enabling authorities to act—important because smoke is a significant local health and nuisance concern."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears focused on its original purpose of controlling smoke emissions from domestic heating and burning activities. The scope covers heating appliances, outdoor burning, and vegetation burning as would be expected from the title and preliminary provisions. No significant scope creep is evident."},"complexity_factors":["13 defined terms in the interpretation section, including nested definitions for 'heating appliance' and 'solid fuel'","Multiple cross-references to external standards (AS/NZS 4012:2014 and AS/NZS 4013:2014) and other Acts (Fire Service Act 1979, Local Government Act 1993, Environmental Management and Pollution Control Act 1994)","Conditional logic in smoke emission offences: requires both 10-minute continuous visibility AND 30-second continuous visibility at 10-metre distance, with different rules for indoor vs outdoor appliances","Exception to the tampering prohibition in regulation 6(2) covering temporary repairs and building sales","Four separate compliance conditions in regulation 9(1) for burning vegetation, all of which must be satisfied","Nested sub-paragraphs in regulation 9(2) specifying 'practicable means' of pollution prevention with multiple factors (wind, weather, burn time, proximity to buildings)","Complex definition of 'outdoor solid-fuel-burning cooking appliance' that excludes appliances being used for their intended cooking purpose from smoke restrictions"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations control smoke pollution in Tasmania. They set rules for wood heaters, fireplaces, outdoor fire pits, and burning vegetation to reduce air pollution and protect public health.\n\n**Who it affects:**\n\n- **Manufacturers and retailers** of wood heaters and solid-fuel heating appliances\n- **Homeowners** with fireplaces or wood heaters\n- **People using outdoor fire pits, pizza ovens, and barbeques**\n- **Anyone burning garden waste or vegetation**, especially on smaller properties (under 2,000 square metres — roughly half an acre)\n\n**Key rules:**\n\n- **Heaters must meet Australian Standards**: You can't make, import, or sell wood heaters unless they meet specific efficiency and emission standards (AS/NZS 4012 and 4013) and have proper lab certification.\n- **Don't tamper with heaters**: It's illegal to modify certified heaters to change their exhaust or air intake systems.\n- **Visible smoke limits**: Your heater, fireplace, or outdoor fire pit can't produce visible smoke for more than 10 minutes continuously, or produce 30 seconds of visible smoke that can be seen from 10 metres away.\n- **Burn dry fuel only**: You must take reasonable steps to ensure only dry solid fuel is burned.\n- **No burning of toxic materials**: It's illegal to burn asbestos, tyres, plastics, treated timber, household waste, and other \"prohibited waste.\"\n- **Garden waste burning rules**: On smaller properties, burning vegetation requires following fire permits, local council by-laws, and environmental notices, plus taking steps to minimise smoke.\n\n**Why it matters:**\n\nWood smoke is a major source of air pollution in Tasmanian towns during winter. These rules aim to reduce health impacts (especially respiratory problems), ensure heaters are efficient, and prevent nuisance smoke from neighbours' fires. The regulations also stop people from burning dangerous materials that release toxic chemicals."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-management-and-pollution-control-smoke-regulations-2019","history":"/api/acts/environmental-management-and-pollution-control-smoke-regulations-2019/history","analysis":"/api/acts/environmental-management-and-pollution-control-smoke-regulations-2019/analysis","conflicts":"/api/acts/environmental-management-and-pollution-control-smoke-regulations-2019/conflicts","importantCases":"/api/acts/environmental-management-and-pollution-control-smoke-regulations-2019/important-cases","documents":"/api/acts/environmental-management-and-pollution-control-smoke-regulations-2019/documents"}}