{"id":"environmental-protection-unauthorised-discharges-regulations-2004","name":"Environmental Protection (Unauthorised Discharges) Regulations 2004","slug":"environmental-protection-unauthorised-discharges-regulations-2004","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176615,"registerId":"wa-environmental-protection-unauthorised-discharges-regulations-2004-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environmental Protection (Unauthorised Discharges) Regulations 2004","content":"![Crest]()Western Australia\n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (Unauthorised Discharges) Regulations 2004\n\nWestern Australia\n\nEnvironmental Protection (Unauthorised Discharges) Regulations 2004\n\nContents\n\n1. Citation 1\n\n2. Interpretation 1\n\n3. Discharges of certain materials prohibited 1\n\n4. Discharges of visible smoke from burning certain materials and dark smoke prohibited 2\n\n5. Defences 2\n\n6. *Environmental Protection Regulations 1987* amended 3\n\n7. *Clean Air Regulations 1967* repealed 3\n\nSchedule 1 — Materials that must not be discharged into the environment\n\nSchedule 2 — Materials that must not be burnt so as to discharge visible smoke into the environment\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nWestern Australia\n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (Unauthorised Discharges) Regulations 2004\n\n##### 1. Citation\n\nThese regulations may be cited as the *Environmental Protection (Unauthorised Discharges) Regulations 2004*.\n\n##### 2. Interpretation\n\nIn these regulations unless the contrary intention appears —\n\n  dark smoke means smoke that, if compared with a chart known as the Australian Miniature Smoke Chart (AS 3543 1989), would appear darker than shade 1 on that chart.\n\n##### 3. Discharges of certain materials prohibited\n\n(1) A person who, in the course of or in connection with a business or a commercial activity, causes or allows a material listed in Schedule 1 to be discharged into the environment commits an offence.\n\nPenalty: $5 000.\n\n(2) Subregulation (1) does not apply if —\n\n(a) the material discharged into the environment is a detergent and the detergent —\n\n(i) was used as a wetting agent on a lawn or in a garden; and\n\n(ii) was applied or used at a frequency or rate that was not in excess of that recommended by the manufacturer of the wetting agent;\n\nor\n\n(b) the material discharged into the environment is a pesticide or horticultural product and the pesticide or horticultural product was applied or used at a frequency or rate that was not in excess of that recommended by its manufacturer.\n\n##### 4. Discharges of visible smoke from burning certain materials and dark smoke prohibited\n\n(1) A person who, in the course of or in connection with a business or a commercial activity, burns or allows a material listed in Schedule 2 to be burnt so as to cause or allow visible smoke to be discharged into the environment commits an offence.\n\nPenalty: $5 000.\n\n(2) A person who, in the course of or in connection with a business or a commercial activity, burns or allows any material to be burnt so as to cause or allow dark smoke to be discharged into the environment for more than 4 minutes in any hour commits an offence.\n\nPenalty: $5 000.\n\n(3) Subregulation (2) does not apply to a solid or liquid burnt in a vehicle’s engine on a road, a locomotive’s engine while the locomotive is operating on a railway line or an aircraft’s engine while the aircraft is taking off, landing, taxiing or in flight.\n\n##### 5. Defences\n\nIn proceedings against a person for a breach of regulation 3(1) or 4(1) or (2), it is a defence to show that the discharge —\n\n(a) occurred in accordance with an authorisation given in the exercise of a power under another written law;\n\n(b) occurred as a result of an emergency or an accident or malfunction caused otherwise than by the negligence of that person; or\n\n(c) occurred for the purpose of preventing danger to human life or health or irreversible damage to a significant part of the environment.\n\n##### 6. *Environmental Protection Regulations 1987* amended\n\n(1) The amendment in this regulation is to the *Environmental Protection Regulations 1987*.\n\n(2) Schedule 6 is amended by inserting after item 4 of the entry relating to the *Environmental Protection (NEPM ‑ UPM) Regulations 2003* the following —\n\n“\n\n| *Environmental Protection (Unauthorised Discharges) Regulations 2004* |  |  |\n| --- | --- | --- |\n| 1. regulation 3(1) | 250 | 500 |\n| 2. regulation 4(1) | 250 | 500 |\n| 3. regulation 4(2) | 250 | 500 |\n\n\n”.\n\n##### 7. *Clean Air Regulations 1967* repealed\n\nThe *Clean Air Regulations 1967* are repealed.\n\nSchedule 1 — Materials that must not be discharged into the environment\n\n[r. 3]\n\n| Acid with a pH less than 4 |\n| --- |\n| Alkali with a pH more than 10 |\n| Animal waste |\n| Animal oil, fat or grease |\n| Compounds or solutions of cyanide, chromium, cadmium, lead, arsenic, mercury, nickel, zinc or copper |\n| Degreaser |\n| Detergent |\n| Dust produced by a mechanical process including cutting, grinding, sawing, sanding or polishing a material |\n| Dye |\n| Engine coolant or engine corrosion inhibitor |\n| Food waste |\n| Laundry waste |\n| Mineral oil |\n| Organic solvent |\n| Paint |\n| Petrol, diesel or other hydrocarbon |\n| Pesticide |\n| Sediment |\n| Sewage |\n| Vegetable oil, fat or grease |\n\n\nSchedule 2 — Materials that must not be burnt so as to discharge visible smoke into the environment\n\n[r. 4(1)]\n\n| Carpet |\n| --- |\n| Electrical cables |\n| Fabrics or textiles |\n| Organic solvent |\n| Paint |\n| Plastic, including polystyrene and the like |\n| Printed circuit boards |\n| Printing waste |\n| Rubber |\n| Timber that has been treated with preservatives |\n| Tyres |\n| Vehicles or vessels and their parts |\n| Waste oil, fats or grease |\n\n\nNotes\n\n1 This is a compilation of the *Environmental Protection (Unauthorised Discharges) Regulations 2004.* The following table contains information about those regulation.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Environmental Protection (Unauthorised Discharges) Regulations 2004* | 12 Mar 2004 p. 747-50 | 12 Mar 2004 |\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\ndark smoke 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These regulations replace the Clean Air Regulations 1967 (reg 7) and add specific prohibitions, material lists and fixed penalties into the Environmental Protection regulatory framework (regs 3–4, Schedules 1–2). Mechanically, the scope shifted from the earlier instrument to a new, enumerated offence regime tied to listed substances and a technical smoke standard (reg 2)."},"complexity_factors":["Clear, offence-based structure with flat penalties ($5,000) for listed breaches (regs 3(1), 4(1), 4(2)).","Two closed lists of materials that trigger liability (Schedule 1 and Schedule 2) — straightforward but requires businesses to match their substances against the lists.","Use of an external technical reference to define “dark smoke” (Australian Miniature Smoke Chart AS 3543 1989) introduces dependence on an outside standard for enforcement (reg 2).","Operational compliance/monitoring difficulty: dark smoke offence is time‑based (>4 minutes in any hour), which requires observation or measurement to prove (reg 4(2)).","Limited statutory defences for authorised discharges, emergencies/accidents not caused by the defendant, and actions to prevent danger to life/health or irreversible environmental harm (reg 5) — shifts evidential burden to defendant in prosecutions.","Interaction with other instruments: amends penalty listing in Environmental Protection Regulations 1987 (reg 6) and expressly repeals the Clean Air Regulations 1967 (reg 7), so regulated parties must track related regulatory changes."],"plain_english_summary":"These regulations make it an offence for a person acting in the course of a business or commercial activity to discharge specified materials (Schedule 1) into the environment or to burn specified materials (Schedule 2) so as to emit visible or “dark” smoke. Penalties are fixed ($5,000) and limited defences are available for authorised actions, accidents or life/serious-environmental danger. The rules mainly affect businesses and operators who handle, burn or dispose of listed wastes and substances."},"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":2,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: controlling unauthorised discharges and emissions from commercial activities. The repeal of the 1967 Clean Air Regulations and incorporation of burning prohibitions represents a consolidation of related environmental controls rather than scope creep."},"complexity_factors":["Only 1 defined term ('dark smoke') in the interpretation section","Straightforward structure: 7 regulations plus 2 schedules","Simple conditional logic with clear exceptions in regulations 3(2), 4(3), and 5","No nested cross-references to other legislation (except for the amendment in regulation 6 and repeal in regulation 7)","Schedules use plain English lists of materials rather than technical classifications","Limited penalty structure (single $5,000 amount for all offences)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations ban businesses from dumping specific pollutants into the environment or burning certain materials that produce visible smoke. They replace older \"Clean Air Regulations\" from 1967.\n\n**Who it affects:**\n\n*   **Businesses and commercial operators** — the rules specifically target activities \"in the course of or in connection with a business or commercial activity.\"\n*   **Not homeowners** — domestic activities (like washing your car at home or burning garden waste) are generally not covered, unless they become commercial operations.\n\n**What is banned:**\n\n*   **Dumping pollutants** (Schedule 1): Businesses cannot discharge substances like acids, oils, pesticides, sewage, detergents, solvents, or heavy metals (lead, mercury, cadmium, etc.) into the environment.\n*   **Burning materials that create smoke** (Schedule 2): Businesses cannot burn things like tyres, plastics, treated timber, rubber, electrical cables, or vehicles if it produces visible smoke.\n*   **Dark smoke**: Any business burning that produces \"dark smoke\" (darker than shade 1 on a standard smoke chart) for more than 4 minutes in any hour is breaking the law.\n\n**Exceptions and defences:**\n\n*   **Detergents and pesticides** are okay if used properly on lawns/gardens at manufacturer-recommended rates.\n*   **Vehicle engines** (cars, trains, planes) are exempt from the dark smoke rule — so this isn't targeting exhaust fumes.\n*   **General defences** apply if the discharge was authorised by another law, caused by an emergency/accident (without negligence), or necessary to prevent danger to human life or serious environmental damage.\n\n**Why it matters:**\n\nThese regulations set clear pollution limits for commercial activities, protecting air and water quality. The $5,000 penalties aim to deter illegal dumping and toxic burning, while the specific schedules make it easy to know exactly what substances are prohibited.\n\n**Key change:**\n\nThe regulations also repeal the old *Clean Air Regulations 1967* and update penalty amounts in related legislation."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the legislative text was not retrievable. The title suggests a focused, specific regulatory instrument targeting unauthorised environmental discharges, which is consistent with a narrow and defined original intent — but no comparison with the actual content is possible."},"complexity_factors":["The actual legislative text is unavailable — analysis is based on title and metadata only","Cannot assess technical complexity of discharge standards, thresholds, or definitions without the text","Regulations of this type often cross-reference parent Acts and technical schedules, which can add complexity, but this cannot be confirmed here","The 2004 date suggests possible amendments over 20 years that may have layered additional complexity"],"plain_english_summary":"The Environmental Protection (Unauthorised Discharges) Regulations 2004 (WA) is a state regulation addressing unauthorised releases of pollutants into land, water or air. It likely defines what counts as an unauthorised discharge, allocates responsibility, and establishes reporting obligations and penalties. \n\nIt mainly affects businesses, industrial operators, landowners and anyone handling waste or chemicals — and matters because it provides enforcement mechanisms to prevent and penalise harmful releases into the environment."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-protection-unauthorised-discharges-regulations-2004","history":"/api/acts/environmental-protection-unauthorised-discharges-regulations-2004/history","analysis":"/api/acts/environmental-protection-unauthorised-discharges-regulations-2004/analysis","conflicts":"/api/acts/environmental-protection-unauthorised-discharges-regulations-2004/conflicts","importantCases":"/api/acts/environmental-protection-unauthorised-discharges-regulations-2004/important-cases","documents":"/api/acts/environmental-protection-unauthorised-discharges-regulations-2004/documents"}}