{"id":"environmental-protection-solid-fuel-heater-and-firewood-regulations-2018","name":"Environmental Protection (Solid Fuel Heater and Firewood) Regulations 2018","slug":"environmental-protection-solid-fuel-heater-and-firewood-regulations-2018","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176614,"registerId":"wa-environmental-protection-solid-fuel-heater-and-firewood-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environmental Protection (Solid Fuel Heater and Firewood) Regulations 2018","content":"![Crest]()Western Australia\n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (Solid Fuel Heater and Firewood) Regulations 2018\n\nWestern Australia\n\nEnvironmental Protection (Solid Fuel Heater and Firewood) Regulations 2018\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\nPart 2 — Solid fuel heaters\n\n3. Terms used 2\n\n4. Application of solid fuel heater standards to heaters 2\n\n5. Prohibition on sale of non‑complying heater 3\n\n6. False markings 4\n\n7. Inspection and testing of heaters 4\n\n8. Testing by registered laboratory or authorised person 5\n\nPart 3 — Green firewood\n\n9. Application of this Part 6\n\n10. Restrictions on sale of green firewood 6\n\n11. Restrictions on stockpiling of green firewood 6\n\n12. Permits 6\n\n13. Duration and revocation of permits 7\n\n14. Measurement of internal moisture content 8\n\nPart 4 — Painted or treated firewood\n\n15. Prohibition on sale of painted or treated firewood 9\n\nPart 5 — Repeal and consequential amendment\n\nDivision 1 — Repeal\n\n16. *Environmental Protection (Domestic Solid Fuel Burning Appliances and Firewood Supply) Regulations 1998* repealed 10\n\nDivision 2 — *Environmental Protection Regulations 1987* amended\n\n17. Regulations amended 10\n\n18. Schedule 6 amended 10\n\nNotes\n\nCompilation table 12\n\nDefined terms\n\n  \n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (Solid Fuel Heater and Firewood) Regulations 2018\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Environmental Protection (Solid Fuel Heater and Firewood) Regulations 2018*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) Part 1 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n## Part 2 — Solid fuel heaters\n\n##### 3. Terms used\n\n(1) In this Part —\n\nAS/NZS 4012 means AS/NZS 4012: 2014 “Domestic solid fuel burning appliances — Method for determination of power output and efficiency” published by Standards Australia as amended from time to time, or any Australian or Australia/New Zealand Standard that replaces that standard;\n\nAS/NZS 4013 means AS/NZS 4013: 2014 “Domestic solid fuel burning appliances — Method for determination of flue gas emission” published by Standards Australia as amended from time to time, or any Australian or Australia/New Zealand Standard that replaces that standard;\n\nheater means a domestic solid burning appliance to which AS/NZS 4012 and AS/NZS 4013 apply, regardless of whether the heater —\n\n(a) was manufactured before or after these regulations came into operation; or\n\n(b) is new or used;\n\nsolid fuel heater standards means —\n\n(a) the efficiency standard set out in AS/NZS 4012 section 9; and\n\n(b) the emission standard set out in AS/NZS 4013 section 7.\n\n(2) If AS/NZS 4012 or AS/NZS 4013 is amended or replaced, a reference in this Part to a section of that standard is to be taken to be a reference to the equivalent section of the amended or replaced standard.\n\n##### 4. Application of solid fuel heater standards to heaters\n\nThe provisions of the solid fuel heater standards set out in column 1 of the Table apply to a heater on and after the date set out opposite in column 2 of the Table.\n\nTable\n\n| **Provisions** | **Application** |\n| --- | --- |\n| AS/NZS 4012 section 9.1.1(a) | Date on which Part 2 of these regulations comes into operation until the close of 7 August 2019 |\n| AS/NZS 4012 section 9.1.1(b) | 8 August 2019 |\n| AS/NZS 4013 section 7.1.1(a) and 7.1.2(a) | Date on which Part 2 of these regulations comes into operation until the close of 7 August 2019 |\n| AS/NZS 4013 section 7.1.1(b) and 7.1.2(b) | 8 August 2019 |\n\n\n##### 5. Prohibition on sale of non‑complying heater\n\n(1) A person must not sell a heater unless it —\n\n(a) complies with the solid fuel heater standards; and\n\n(b) is marked —\n\n(i) in accordance with AS/NZS 4012 and AS/NZS 4013; and\n\n(ii) with the name and address of the person or body that tested that model of heater for the purposes of AS/NZS 4012 and AS/NZS 4013, and the year in which it was tested.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(2) Subregulation (1) does not apply to a heater that has been installed in, and is sold together with, a building.\n\n(3) For the purposes of this Part, a heater is taken to comply with the solid fuel heater standards if a heater of the same make and model, when tested in accordance with AS/NZS 4012 and AS/NZS 4013, complies with the standards.\n\n(4) For the purposes of this Part, a heater (a new heater) is taken to comply with the solid fuel heater standards if —\n\n(a) a heater of a similar make and model (an old heater), when tested in accordance with AS/NZS 4012 and AS/NZS 4013, complies with those standards; and\n\n(b) the differences between the old heater and the new heater are such that under AS/NZS 4012 section 8.5 and AS/NZS 4013 section 9 testing of the new heater is not required.\n\n##### 6. False markings\n\nA person must not mark a heater or sell a heater that is marked in a manner that states or implies that the heater complies with the solid fuel heater standards if the person knows, or ought reasonably to have known, that the heater does not comply with the standards.\n\nPenalty: a fine of $5 000.\n\n##### 7. Inspection and testing of heaters\n\n(1) An inspector may inspect a heater being offered for sale to check that it complies with the requirement for marking a heater specified in regulation 5(1)(b).\n\n(2) An inspector who reasonably believes that a heater being offered for sale does not comply with the solid fuel heater standards may, by written notice to the person selling it, require the person to —\n\n(a) have the heater, or another heater of the same make and model, tested in accordance with AS/NZS 4012 and AS/NZS 4013; and\n\n(b) provide a copy of the test results to the inspector within the time specified in the notice.\n\n(3) A person must comply with a requirement under subregulation (2).\n\nPenalty for this subregulation: a fine of $5 000.\n\n##### 8. Testing by registered laboratory or authorised person\n\nA test carried out for the purposes of this Part to determine whether a heater complies with the solid fuel heater standards must be carried out —\n\n(a) at a laboratory registered by the National Association of Testing Authorities Australia (ABN 59 004 379 748); or\n\n(b) by a person authorised in writing by the CEO to carry out the test.\n\n## Part 3 — Green firewood\n\n##### 9. Application of this Part\n\nThis Part applies in the area bounded by the low water mark of the Indian Ocean and the local government districts of Wanneroo, Swan, Mundaring, Kalamunda, Armadale, Serpentine — Jarrahdale, Rockingham and Mandurah (including those districts).\n\n##### 10. Restrictions on sale of green firewood\n\nA person must not sell as domestic firewood any wood with an internal moisture content of more than 20% (calculated on a wet basis), except —\n\n(a) in accordance with a permit authorising the person to sell the wood; or\n\n(b) to a firewood wholesaler or retailer.\n\nPenalty: a fine of $5 000.\n\n##### 11. Restrictions on stockpiling of green firewood\n\nA person who keeps wood with an internal moisture content of more than 20% (calculated on a wet basis) for future retail sale by that person as domestic firewood must keep the wood —\n\n(a) separate from any dry firewood that is for sale; and\n\n(b) clearly marked as being not for sale because it does not meet internal moisture content standards.\n\nPenalty: a fine of $5 000.\n\n##### 12. Permits\n\n(1) An application for a permit referred to in regulation 10(a) must be —\n\n(a) made to, and in a form approved by, the CEO; and\n\n(b) accompanied by any further information that the CEO may reasonably require.\n\n(2) The CEO may —\n\n(a) issue or refuse to issue a permit as the CEO thinks fit; and\n\n(b) impose any conditions on the issue of a permit that the CEO thinks fit.\n\n(3) If the CEO refuses to issue a permit the CEO must give the applicant written notice of the refusal and the reasons for it.\n\n(4) A permit holder must promptly notify the CEO of any change in any of the information provided in, or with, the permit holder’s application.\n\nPenalty for this subregulation: a fine of $5 000.\n\n##### 13. Duration and revocation of permits\n\n(1) A permit remains in force for the period specified on the permit unless it is earlier revoked by the CEO.\n\n(2) The CEO may, by giving written notice to the permit holder, revoke a permit if —\n\n(a) the permit holder fails to comply with any condition of the permit; or\n\n(b) the CEO considers that it is not appropriate for the permit to remain in force.\n\n(3) Before revoking a permit the CEO must —\n\n(a) give the permit holder written notice of the proposed revocation and the reasons for it; and\n\n(b) allow the permit holder 21 days to respond to the notice; and\n\n(c) have due regard to any response to the notice made by the permit holder within that time.\n\n##### 14. Measurement of internal moisture content\n\nFor the purposes of this Part, the internal moisture content of wood must be measured in accordance with the *Instructions for measuring the internal moisture content of wood* published by the CEO on a website maintained by or on behalf of the CEO.\n\n## Part 4 — Painted or treated firewood\n\n##### 15. Prohibition on sale of painted or treated firewood\n\nA person must not sell as domestic firewood any wood that —\n\n(a) is painted; or\n\n(b) is coated with plastic; or\n\n(c) has been treated with any chemical.\n\nPenalty: a fine of $5 000.\n\n## Part 5 — Repeal and consequential amendment\n\n### Division 1 — Repeal\n\n##### 16. *Environmental Protection (Domestic Solid Fuel Burning Appliances and Firewood Supply) Regulations 1998* repealed\n\nThe *Environmental Protection (Domestic Solid Fuel Burning Appliances and Firewood Supply) Regulations 1998* are repealed.\n\n### Division 2 — *Environmental Protection Regulations 1987* amended\n\n##### 17. Regulations amended\n\nThis Division amends the *Environmental Protection Regulations 1987*.\n\n##### 18. Schedule 6 amended\n\nIn Schedule 6 in the Table:\n\n(a) delete the item relating to *Environmental Protection (Domestic Solid Fuel Burning Appliances and Firewood Supply) Regulations 1998*;\n\n(b) insert in alphabetical order:\n\n| *Environmental Protection (Solid Fuel Heater and Firewood) Regulations 2017* |  |  |\n| --- | --- | --- |\n| 1. regulation 5(1) | 250 | 500 |\n| 2. regulation 6 | 250 | 500 |\n| 3. regulation 7(3) | 250 | 500 |\n| 4. regulation 10 | 250 | 500 |\n| 5. regulation 11 | 250 | 500 |\n| 6. regulation 12(4) | 250 | 500 |\n| 7. regulation 15 | 250 | 500 |\n\n\nNotes\n\n1 This is a compilation of the *Environmental Protection (Solid Fuel Heater and Firewood) Regulations 2018*. The following table contains information about those regulations.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Environmental Protection    (Solid Fuel Heater and Firewood) Regulations 2018* | 31 Aug 2018 p. 3093‑107 | Pt. 1: 31 Aug 2018 (see r. 2(a));   Regulations other than Pt. 1: 1 Sep 2018 (see r. 2(b)) |\n\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\nAS/NZS 4012 3(1)\n\nAS/NZS 4013 3(1)\n\nheater 3(1)\n\nnew heater 5(4)\n\nold heater 5(4)\n\nsolid fuel heater standards 3(1)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These regulations repeal the earlier Environmental Protection (Domestic Solid Fuel Burning Appliances and Firewood Supply) Regulations 1998 and replace them with updated requirements, enforcement mechanisms and penalty entries (see reg 16 and rr 17–18), thereby changing the regulatory instrument and associated schedule of offences and penalties."},"complexity_factors":["Reliance on external technical standards (AS/NZS 4012 and AS/NZS 4013) whose content and amendments are incorporated by reference (reg 3(1)–(2)).","Phased application of specific standard provisions with set dates (reg 4 Table).","Multiple identical monetary penalties ($5,000) attached to sale, marking, inspection non‑compliance and permit notification obligations (regs 5(1), 6, 7(3), 10, 11, 12(4), 15).","Discretionary permit regime and revocation powers vested in the CEO with procedural notice and response steps (regs 12–13).","Delegation of testing to NATA‑registered laboratories or CEO‑authorised persons (reg 8), creating administrative and contracting requirements for sellers.","Measurement method for wood moisture is delegated to CEO‑published instructions rather than set in the regulations (reg 14).","Geographic limitation of the green firewood rules to a defined coastal/local government area, requiring boundary application (reg 9).","Consequential repeal and amendments to earlier regulations and penalty schedule, indicating transitional/legal housekeeping (rr 16–18)."],"plain_english_summary":"These regulations make it illegal for sellers in parts of Western Australia to offer domestic solid fuel heaters that don't meet Australian test standards (AS/NZS 4012 and 4013) or that are not correctly marked, with fines for non‑compliance (regs 3–8). They ban sale of domestic firewood over 20% internal moisture in a defined coastal/local government area except under CEO permits, require separation/labeling of wet stock, and prohibit painted, plastic‑coated or chemically treated firewood (rr 9–15). The CEO issues permits and can authorise testing; sellers bear compliance and testing costs."},"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":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 1998 regulations with updated standards and minor structural changes. The scope remains consistent with the original intent: regulating solid fuel heaters and firewood supply to control emissions. The geographic restriction to Perth metropolitan area for green firewood rules and the specific technical standards referenced represent the same regulatory approach as the predecessor instrument, not an expansion beyond original purpose."},"complexity_factors":["Incorporation of external technical standards (AS/NZS 4012 and AS/NZS 4013) by reference, including dynamic updating provisions ('as amended from time to time')","Staged implementation dates for different efficiency and emission standards (transition period until 7 August 2019, then stricter standards from 8 August 2019)","Geographic limitation for green firewood rules (specific local government districts around Perth)","Permit system with discretionary CEO powers and procedural safeguards (21-day response period before revocation)","Cross-reference to external measurement methodology (CEO's website instructions for moisture content testing)","Multiple penalty provisions (7 offences, all $5,000 fines)","Consequential amendment to parent regulations (Environmental Protection Regulations 1987 Schedule 6)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set rules for selling solid fuel heaters (like wood-burning stoves and fireplaces) and firewood in Western Australia to reduce air pollution.\n\n**Key rules:**\n\n**For heaters:**\n- **You cannot sell** a wood heater unless it meets Australian standards for efficiency and emissions (AS/NZS 4012 and AS/NZS 4013). These standards limit how much smoke and pollution the heater produces.\n- Heaters must be **properly labelled** with testing details, including who tested it and when.\n- **False claims** about compliance are banned.\n- Government inspectors can **check heaters** being sold and demand testing if they suspect non-compliance.\n\n**For firewood:**\n- **\"Green\" (wet) firewood** cannot be sold to households in the Perth metropolitan area (bounded by the coast and specific local government areas) unless the seller has a permit or is selling to another business. Wet wood creates more smoke when burned.\n- Sellers must **keep wet wood separate** from dry wood and clearly mark it as \"not for sale.\"\n- **Painted, plastic-coated, or chemically treated wood** cannot be sold as firewood at all (burning these releases toxic fumes).\n\n**Who it affects:**\n- Retailers selling wood heaters\n- Firewood suppliers and retailers in the Perth area\n- Homeowners buying heaters or firewood (indirectly, by ensuring cleaner-burning products)\n\n**Why it matters:**\nBurning wood produces fine particles that harm health and worsen air quality, especially in winter. These rules push the market toward cleaner-burning heaters and properly seasoned (dry) firewood, reducing pollution and protecting public health."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient information available to assess whether the scope changed from original intent. The legislative text could not be retrieved from the source URL."},"complexity_factors":["Full legislative text is unavailable — analysis is based on title only","Regulations (subordinate legislation) are typically more prescriptive and technical than Acts, but the specific provisions cannot be assessed","Potential intersection of environmental, biosecurity, and building/standards law adds possible complexity","Score is artificially low due to inability to review actual content"],"plain_english_summary":"Likely made under the Environmental Protection Act 1986 (WA), these regulations appear to control solid fuel heaters (wood stoves, fireplaces) and firewood—e.g., emissions, installation/use, and sale or sourcing of firewood. \n\nThey would affect homeowners, firewood suppliers, councils and appliance makers, aiming to reduce wood‑smoke air pollution and limit biosecurity risks from transported firewood."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-protection-solid-fuel-heater-and-firewood-regulations-2018","history":"/api/acts/environmental-protection-solid-fuel-heater-and-firewood-regulations-2018/history","analysis":"/api/acts/environmental-protection-solid-fuel-heater-and-firewood-regulations-2018/analysis","conflicts":"/api/acts/environmental-protection-solid-fuel-heater-and-firewood-regulations-2018/conflicts","importantCases":"/api/acts/environmental-protection-solid-fuel-heater-and-firewood-regulations-2018/important-cases","documents":"/api/acts/environmental-protection-solid-fuel-heater-and-firewood-regulations-2018/documents"}}