Clean Air (Determination of Air Impurities in Gases Discharged to the Atmosphere) Regulations 1983

The regulations rest on a small number of interlocking technical and definitional concepts that determine who is captured and how compliance is assessed.

Definitions and thresholds (reg 2)

• Boiler: a vessel heating water by combustion material with a total heat input of 100 or more megajoules per hour (reg 2). This numeric threshold determines whether the special adjustment to 12% carbon dioxide under reg 3(a) applies.
• Cubic metre: defined as dry gas at 0° C and one atmosphere (reg 2). That fixes the physical reference conditions for the g/m3 measurement.
• Dark smoke: defined by appearance relative to the Ringelmann or Miniature Ringelmann Charts; dark smoke is smoke darker than shade 1 on either chart (reg 2).
• Flue or duct: defined to cover any exhaust, flue, duct, structure or opening from or through which air impurities are or are likely to be emitted to the atmosphere (reg 2).

Numerical emission standard (reg 3)

• 0.25 g/m3 is the concentration limit for solid particles in residual gases at the point of emission. For boilers/incinerators this is measured and then adjusted to a basis of 12% CO2 (reg 3(a)). For other sources the concentration is to be measured before admixture with air, smoke or other gases (reg 3(b)). The text therefore treats boilers/incinerators differently as to adjustment and other sources as to sampling point relative to admixture.

Sampling location rules (reg 4(2))

• Prescribed point must be not less than specified distances from flow disturbances: at least 2D from bends or changes in direction, and at least 3D from a fan or damper, where D is flue diameter or the mean of width and breadth for rectangular flues (reg 4(2)(a)(i)-(ii)).
• Prescribed point must have average gas velocity greater than 3 m/s (reg 4(2)(b)).
• Prescribed point must be downstream of any dust control equipment (reg 4(2)(c)). This fixes the regulatory sampling plane after any abatement devices.

Sampling method and intensity (reg 4(1), (3)-(6))

• Representative samples are obtained by withdrawing sample increments at multiple points across a sampling plane (reg 4(3)). The number of sampling points depends on duct area: not less than 4 for areas <0.20 m2, 8 for 0.20-2.0 m2, and at least 1 per 0.25 m2 for areas >2.0 m2, with sampling points at centres of equal areas (reg 4(4)).
• Sampling time must be the same for each point and not less than 3 minutes (reg 4(5)). Equal increment timing is required.
• Gas velocity at the nozzle must approximate the flow velocity in the flue at the sampling point (reg 4(1)).
• Filter media to separate solid particles: fibreglass, alundum or other suitable materials able to withstand conditions at the sampling position (reg 4(6)).

Dark smoke methodology (reg 5)

• Use Ringelmann or Miniature Ringelmann Chart; hold chart in line with observer and source; compare shade at point of exit; note shade and duration (reg 5(1)-(4)).
• Observer and chart positioning relative to the sun should, as far as practicable, form a right angle with the sun (reg 5(5)).
• Observer distances specified: 15-30 metres for Ringelmann Chart, 1-5 metres for Miniature Ringelmann Chart (reg 5(6)).
• Charts must correspond to minister‑certified standard charts under the Minister’s signature (reg 5(7)).

Connection to the Act and continuity (Notes)

• The regulations are made "for the purposes of section 33(1) of the Act" (reg 3) and were originally made under the Clean Air Act 1964. The reprint notes say they are deemed to have been made under s 123 of the Environmental Protection Act 1986 by s 127 and Sch. 4 cl. 20 of that Act (Notes). Therefore the measurement standards are intended to operate within the enforcement and permitting framework of the parent Act, as referenced.

These concepts determine measurement, where measurements must be taken, how many samples and for how long, and how to classify smoke visually. That framework fixes the conformity standard (0.25 g/m3) and the visual threshold for "dark smoke" (darker than Ringelmann shade 1).

The source defines the regulated population by reference to sources that emit solid particles or visible smoke and by technical thresholds in the definitions.

Primary regulated persons and equipment

• Owners and operators of boilers and incinerators with total heat input of 100 MJ/hr or more fall within the prescribed scope because reg 3(a) applies specifically to "any boiler or incinerator emitting solid particles" and reg 2 defines "boiler" by the 100 MJ/hr threshold. Therefore medium and larger combustion vessels using combustion material for heating water will be directly affected.
• Operators of "any other trade, industry, process, industrial plant or fuel burning equipment" that emits solid particles are affected via reg 3(b). That language captures a broad class of industrial and process sources , the text does not limit by size except insofar as boilers are separately defined.

Persons responsible for measurement and reporting

• The regulations themselves set the measurement methodology; they therefore bind the person required by the parent Act (the source refers to "for the purposes of section 33(1) of the Act") to determine compliance by these methods. The regulations do not name a specific class of "responsible person", but the operational implication is that the operator or the person conducting sampling must follow the prescribed methods (reg 4, reg 5). The Minister has a role in certifying the standard Ringelmann charts (reg 5(7)), so the Minister's instrument choice affects how operators must demonstrate "dark smoke".

Equipment and testing service providers

• Providers of emission sampling and analysis services are indirectly affected because the regulations require particular sampling nozzle velocity matching, specific sampling plane location relative to flow disturbances, a minimum average gas velocity (>3 m/s), specified filter media and set numbers of sampling points per duct area (reg 4). Laboratories and field-service contractors will need to ensure their procedures and equipment can meet these prescriptions.

Regulatory agencies

• The Minister (or the executing authority under the Act) is referenced in the regulations via the requirement that the Ringelmann charts be certified under the Minister's signature (reg 5(7)). The reprint notes also tie the regulations into the Environmental Protection Act 1986 administrative framework (Notes). Enforcement and permitting actions will therefore involve the agency that administers the parent Act.

Excluded or borderline persons or equipment

• Small boilers and combustion sources with heat input less than 100 MJ/hr are not captured by the "boiler" definition; they may still be captured by reg 3(b) as "other trade, industry, process, industrial plant or fuel burning equipment" if they emit solid particles, depending on how the parent Act and regulators interpret the reach of that phrase. The regulations themselves do not exclude small burners explicitly.

Geographical and temporal scope

• The instrument is a Western Australia regulation (front matter). The compilation notes document the original gazettal and a later amendment. The regulations operate as technical standards for the relevant emissions in Western Australia and are tied into the state's legislative framework via the Clean Air Act 1964 and the Environmental Protection Act 1986 (Notes).

In short, plant operators that emit solid particles, and contractors and agencies involved in measuring and enforcing those emissions, are obliged to apply the detailed sampling and observation procedures set out in regs 3-5. The Minister controls the certified Ringelmann charts used to determine "dark smoke."

Duties imposed by the regulations are measurement and observation duties that determine compliance with the Act’s requirements. The regulations do not themselves articulate explicit licensing or reporting duties beyond defining the standards and methods to be used for determinations under section 33(1) of the Act. The following duties and operational entitlements are specified.

Duties to use specified methods when determining concentration (reg 3, reg 4)

• When the concentration of solid particles is to be determined for the purposes of section 33(1) of the Act, the standard to apply is 0.25 g/m3 and the method of determining that concentration must follow regulation 4(2) and related subclauses (reg 3; reg 4(1)-(6)). That creates a duty on whoever is responsible for making the determination (whether a regulator or an operator as required by the Act) to adhere to the prescribed sampling geometry, flow conditions and sample handling.

Duties regarding sampling plane selection and positioning (reg 4(2))

• The sampling plane must be located at a point meeting the minimum distances from bends (≥2D) and from fans or dampers (≥3D). D is explicitly the flue diameter or the mean of width and breadth for rectangular flues (reg 4(2)(a)). There is a duty to ensure sampling takes place at a point where the average gas velocity is greater than 3 m/s (reg 4(2)(b)) and the duty to take the sample downstream of any dust control equipment (reg 4(2)(c)).

Duties about sampling procedure and equipment (reg 4(1), (3)-(6))

• The gas velocity through the sampling nozzle is to be as nearly as practicable the same as the flue gas velocity at the sampling point (reg 4(1)).
• Representative sampling requires withdrawing increments from multiple points across the sampling plane, with the number of points prescribed by duct area (reg 4(3)-(4)).
• Sampling time must be uniform across points and at least three minutes per point (reg 4(5)).
• Samples must be separated from the gas using filter media capable of withstanding conditions at the sampling position, with fibreglass and alundum mentioned as examples (reg 4(6)).

Duties about visual assessment of smoke (reg 5)

• Determinations of "dark smoke" are made by reference to the Ringelmann Chart or Miniature Ringelmann Chart (reg 5(1)). Observers must hold or fix the chart so it, the observer and the source are in line (reg 5(2)), compare the exit plume with chart shades, and record the matching shade and duration (reg 5(3)-(4)). Observers must, as far as practicable, position themselves so the sun, chart and observer form a right angle when the sun is shining (reg 5(5)). Distances are specified (15-30 m for Ringelmann; 1-5 m for Miniature Ringelmann) (reg 5(6)). Charts must correspond to the Minister‑certified standard charts (reg 5(7)).

Rights and administrative instruments

• The regulations confer on the Minister the administrative role of certifying the standard Ringelmann and Miniature Ringelmann Charts (reg 5(7)). That is an administrative right to set the visual standard instrument. The regulations do not specify appeal or review mechanisms for measurement outcomes; any rights to challenge determinations would therefore sit in the parent Act or administrative law, not in the regulations themselves. The regulations do not set penalties, timeframes for notices, or procedural protections; those functions are presumed to be in the Act referenced by reg 3.

Measurement context and conversion duties

• For boilers and incinerators reg 3(a) requires the concentration be "adjusted to a basis of 12% carbon dioxide." That imposes a duty to convert raw measured concentrations to the specified CO2 reference basis when assessing compliance for those classes of equipment.

Implicit operational duties

• Practically, operators who wish to demonstrate compliance must ensure their stacks and sampling access permit a prescribed sampling plane and allow flow conditions to meet the >3 m/s requirement. They must provide or allow for sampling equipment capable of matching nozzle velocity to flue velocity and capable filters. Observers must be able to use minister-certified Ringelmann charts at the distances required, and, where sunlight is used, adopt the recommended geometry (reg 5(5)-(6)).

The regulations therefore impose technical duties on persons undertaking determinations of emission concentrations or smoke darkness; they leave enforcement, any penalty regime, and administrative powers to the parent Act referenced in the regulations.

The regulations themselves do not set out specific penalties, fines or enforcement procedures. Instead, they are framed as technical specifications for determinations made "for the purposes of section 33(1) of the Act" (reg 3), thereby operating within the Act’s enforcement framework. The source text contains no penalty clauses, infringement schedules, or explicit enforcement powers within the regulations.

Connection to the parent Act (reg 3 and Notes)

• Regulation 3 operates to define the standard of concentration for the purposes of section 33(1) of the Act, which is the statutory hook for enforcement action under the parent statute. The notes explain that the regulations were originally made under the Clean Air Act 1964 and are deemed to have been made under s 123 of the Environmental Protection Act 1986 by virtue of s 127 and Schedule 4 clause 20 of that Act (Notes). Any actual penal consequences, injunctive relief, licence conditions, directions to cease operations, or other enforcement instruments must therefore be sought under the powers and sanctions provided by the parent Act and associated administrative procedures, not under these regulations directly.

What the regulations make enforceable

• By prescribing the measurement method and the standard of concentration, the regulations make determinations of compliance dependent on the correct application of these methods. Enforcement actions that rely on measured concentrations or visual determinations of "dark smoke" will, in practice, be shaped by compliance with regs 3-5: if an enforcement agency adduces a measurement as evidence of a breach, the method and location for that measurement are those prescribed by the regulations.

Administrative discretion and certification (reg 5(7))

• The Minister's certification of Ringelmann charts embeds an administrative discretion over the exact visual standard used in determining "dark smoke". Enforcement relying on visual observations will therefore be tethered to that certified instrument (reg 5(7)). Certification by the Minister determines what constitutes the standard chart.

Practical enforcement implications implied by the text

• The detailed procedural prescriptions (distances from bends, fan/damper separations, minimum flow velocity, minimum sampling points and sample times, filter specifications, downstream of dust control equipment) create defined points of legal contest about whether a sample was taken lawfully and representatively. Challenges to enforcement evidence would therefore most naturally focus on whether the collection met the requirements of reg 4 and whether visual observations followed reg 5. The regulations thus supply the evidentiary protocol that an enforcement body must respect if actions are based on these measurements.

Absence of quantified penalties in the regulation text

• Because the regulations do not set monetary fines or imprisonment or specify notice procedures, any question about the scale of penalties, the process for issuing notices, or the rights of review must be answered by consultation of the Act and its enforcement provisions, which are not included in the supplied text. The regulations are an evidentiary and procedural annex, not an enforcement code.

The regulations are explicitly tied to and operate within a broader statutory context. The text and accompanying notes specify how the regulations relate to the Clean Air Act 1964 and the Environmental Protection Act 1986, and they make repeated reference to "the Act" in provisions that serve as cross‑references. The interactions are therefore primarily of two types: incorporation into the parent Act's enforcement and administrative regime, and reliance on technical standards that map into regulatory practice.

Statutory parentage and reclassification (Notes)

• The compilation notes state that the regulations were originally made under the Clean Air Act 1964. By virtue of the Environmental Protection Act 1986 s 127, which gives effect to Schedule 4 clause 20, these regulations are deemed to have been made under s 123 of the Environmental Protection Act 1986 (Notes). Therefore, administratively and legally they are taken to be regulations under the Environmental Protection Act 1986, and not merely under the repealed Clean Air Act 1964. That creates continuity of regulatory obligations after the legislative change.

Cross-reference to section 33(1) of "the Act" (reg 3)

• Regulation 3 frames the concentration standard "for the purposes of section 33(1) of the Act". The footnote attached to that reference (footnote 3) indicates that the phrase refers to the Clean Air Act 1964, which was repealed by the Acts Amendment and Repeal (Environmental Protection) Act 1986. The compilation notes resolve this by deeming the regulations to be under the Environmental Protection Act 1986. In practice this means the prescribed standards and methods in these regulations are to be applied in any action taken under the enforcement, licensing and administrative powers of the Environmental Protection Act 1986.

Relationship with ministerial certification and executive instruments (reg 5(7))

• The Minister is required to certify the Ringelmann and Miniature Ringelmann Charts used for making "dark smoke" determinations. That certification is an administrative act which interacts with the broader regulatory machinery: the Minister’s certification establishes the visual reference instrument that courts or tribunals would accept when the parent Act is enforced. The regulations therefore create an interaction between executive certification and statutory enforcement.

Evidentiary and procedural interfacing

• Because the regulations set the methodology for measurement (sampling plane constraints, sampling points, filter types, minimum sample time, nozzle velocity matching), they interface directly with evidentiary rules in enforcement proceedings under the parent Act. Any compliance audit, prosecution or administrative sanction that relies on concentration data will be measured against the procedural requirements the regulations prescribe.

No conflict resolution or primacy clause in the text

• The regulations do not include a general primacy or inconsistency clause (for example, saying they prevail over any inconsistent local laws); nor do they state how they fit with other technical standards or codes (for example, they do not adopt an external standard by reference except for the Ringelmann Chart as certified by the Minister). The absence of such a clause means that the way the regulations interact with other subordinate instruments and standards will be determined by statutory interpretation rules and the parent Act’s architecture.

Operational interfaces with permitting, dust control and stack design (implied)

• The requirement that sampling be taken downstream of any dust control equipment (reg 4(2)(c)) makes the measured concentration depend on whether abatement is installed. That creates an operational interface between these regulations and permits, licence conditions or technical guidance on dust control systems under the parent Act or other instruments. How regulators treat the location of sampling relative to abatement will determine the practical interaction between installation of controls and compliance measurement.

In sum, these regulations are technical annexes to a parent statutory regime. They do not operate in isolation; they are meant to be applied within the Environmental Protection Act 1986 framework (as noted), and their evidentiary prescriptions will define compliance assessment under that Act.

The source provides a concise amendment and compilation history covering the original making, a later amendment, and a reprint date. The timeline in the compilation table is the authoritative record in the supplied text.

Original instrument

• Clean Air (Determination of Air Impities in Gases Discharged to the Atmosphere) Regulations 1983, gazetted 13 May 1983 (p. 1436-7), commenced 13 May 1983 (Compilation table). This is the base regulation.

Amendment in 1985

• An amendment titled Clean Air (Administration) Amendment Regulations 1985, Part V, was gazetted 21 June 1985 (p. 2201-2) and commenced 21 June 1985 (Compilation table). The marginal note in the text records that Regulation 2 was amended (Gazette 21 Jun 1985 p. 2201) and Regulation 5 was amended (Gazette 21 Jun 1985 p. 2202) (square‑bracketed amendment notes after each regulation). The main text does not reproduce the pre‑amendment versions so the precise textual changes are not set out in the supplied reprint beyond those marginal notes; the reprint consolidates the current text as at 18 March 2005.

Reprint

• Reprint 1: The Clean Air (Determination of Air Impurities in Gases Discharged to the Atmosphere) Regulations 1983 as at 18 March 2005 (Compilation table). This reprint includes the amendments listed above.

Statutory re‑machining under Environmental Protection Act 1986

• A note explains that these regulations were originally made under the Clean Air Act 1964. By virtue of the Environmental Protection Act 1986 s 127 (giving effect to Schedule 4 clause 20), the regulations are deemed to have been made under s 123 of the Environmental Protection Act 1986 (Notes). The Clean Air Act 1964 was repealed by the Acts Amendment and Repeal (Environmental Protection) Act 1986 (Notes, footnote 3). That operation effectively transferred and preserved the regulations in the new statute's framework.

Amendments recorded in marginal notes

• Regulation 2 (Definitions) was amended on 21 June 1985 (Gazette p. 2201). Regulation 5 (Dark smoke) was amended on 21 June 1985 (Gazette p. 2202). The text shows the amended wording as the current consolidated version in the reprint.

No later amendments in the supplied text

• The compilation table concludes with the reprint as at 18 March 2005 and lists no amendments after the 1985 instrument. The supplied material does not record further amendments, rescissions or replacements beyond the 2005 reprint.

Practical consequence of the amendment history

• For practitioners, the meaningful points are: (1) the current consolidated text reflects the 1985 amendments and was reprinted in 2005; (2) the regulations have been carried forward into the Environmental Protection Act 1986 framework by statutory deeming; and (3) the Ministerial certification requirement for Ringelmann charts (reg 5(7)) and definitions reflect the consolidated instrument. Any legal research or compliance steps should therefore rely on the consolidated, reprinted wording shown in the supplied text.

The supplied text contains no court decisions, appeals, prosecutions, or tribunal determinations. There is no litigation history recorded in the reprint, marginal notes, or compilation table. The instrument is presented as the consolidated regulations with amendment notes and reprint information only.

What the source does and does not show

• The reprint and compilation table list gazettal and commencement dates, and the text indicates the Minister certifies the standard Ringelmann charts, but there are no references to cases, litigated interpretations, or reported disputes in the material provided. The defined terms list and marginal notes do not include references to judicial decisions.

Implication for users seeking precedent

• Because the supplied materials do not contain litigation history, practitioners must seek case law or tribunal decisions elsewhere if they require judicial interpretation of any phrase (for example, "downstream of any dust control equipment", the appropriate method to adjust to a basis of 12% CO2, or disputes about whether an observation was conducted in accordance with reg 5). The regulations themselves define the technical standard and procedure, but they do not include any reported litigation outcomes or appellate guidance in the supplied text.

Areas where litigation could plausibly arise (not in the text)

• While the source does not include cases, the detailed technical instructions (sampling plane placement, averaging and number of sampling points, conversion to 12% CO2 basis, and the certification of Ringelmann charts by the Minister) present natural points for evidentiary challenge in enforcement proceedings. Any litigation history would therefore be expected to focus on whether sampling and visual observations complied with regs 4 and 5. Because no such history is included in the supplied material, the existence, outcome or legal reasoning of any contested matters must be established from external case law research beyond the present text.

The regulations are concise but technical; a number of traps for the unwary follow directly from the text. The following items identify specific provisions and operational pitfalls that arise from the wording of the regulations.

Sampling location metrics use D, not absolute distances (reg 4(2)(a))

• The specified minimum clear distances from bends and fans/dampers are expressed in multiples of D, the diameter of the flue (or the mean of width and breadth for rectangular flues) (reg 4(2)(a)). Users who attempt to apply fixed absolute clearances rather than calculating D and applying the 2D and 3D rules risk non‑compliance with the sampling location requirement. That calculation matters for unusual flue geometries and for rectangular ducts where D is the mean of width and breadth.

Minimum average gas velocity >3 m/s (reg 4(2)(b))

• The sampling plane must have an average gas velocity greater than 3 metres per second. If the velocity is lower, the point does not meet the regulation’s conditions for the "prescribed point". The regulations do not provide an alternative procedure for low‑velocity stacks; therefore sampling at low velocities may be excluded from determining compliance under these regulations unless the owner/operator can identify another point satisfying the criteria.

Requirement for sampling downstream of dust control equipment (reg 4(2)(c))

• The prescribed point must be downstream of any dust control equipment. The text therefore requires sampling after abatement, not before. Practitioners should note that this is the regulatory reference point: measured concentrations will reflect performance post‑abatement. This can cause practical issues where abatement is intermittently bypassed, offline for maintenance, or not designed to operate continuously; the regulation does not address interim states.

Boiler definition and the 100 MJ/hr threshold (reg 2)

• The "boiler" definition uses a precise thermal input threshold of 100 megajoules per hour. Operators and compliance officers must determine whether a vessel meets that threshold at the time of measurement; misclassifying units (for example, by using fuel flow rather than heat input calculation, or by measuring heat input during atypical operation) could lead to incorrect application of the 12% CO2 adjustment in reg 3(a).

Adjustment to 12% CO2 basis for boilers/incinerators (reg 3(a))

• For boilers and incinerators the measured concentration must be adjusted to a 12% CO2 basis. The regulation prescribes the requirement but does not provide the mathematical formula or the precise sampling approach for measuring CO2 or correcting concentrations. That technical lacuna requires practitioners to apply accepted engineering conventions or guidance under the parent Act; failure to document the adjustment method could expose a measurement to challenge.

Number and placement of sampling points (reg 4(3)-(4))

• The sampling-point count rules are discrete: minimums of 4 or 8 points or one per 0.25 m2 for larger ducts. The sampling points must be at the centre of equal areas over the sampling plane. Practitioners who select an incorrect number of points or who do not distribute them by equal areas risk producing a sample that is not "representative" under reg 4(3)-(4).

No filter specification beyond examples (reg 4(6))

• The regulation permits fibreglass, alundum or "some other suitable material" as filters. That non‑exhaustive wording leaves room for dispute about what is "suitable"; users should therefore document technical suitability (temperature, chemical exposure, particle capture efficiency) when employing alternative filters.

Ringelmann chart certification and use (reg 5(7))

• Charts must correspond to those certified by the Minister under the Minister’s signature. Observers using non‑certified charts, or charts faded through use, risk having their visual determinations rejected. The certification is a discrete administrative precondition that must be satisfied.

Observer geometry and environmental constraints (reg 5(5))

• The guidance to position observer, chart and sun at right angles "as far as practicable" leaves room for variability. Practitioners observing from roads, access platforms, or when the sun is not in a convenient position must record limitations; failure to do so may undermine the robustness of visual determinations.

Ambiguity in which Act is "the Act" (reg 3 and Notes)

• Regulation 3 refers to "section 33(1) of the Act" with a footnote pointing to the Clean Air Act 1964 and the notes indicating the regulations are deemed to be made under the Environmental Protection Act 1986. Practitioners must ensure they are applying the regulations within the correct statutory enforcement framework and consult the parent Act to locate the enforcement powers, offence provisions and procedural rights.

Lack of penalty or process wording in the regulations

• Because the regulations do not specify penalties or an administrative process, enforcement actions will rest on the parent Act. Parties should not assume that the regulations themselves create specific right of appeal or notice periods , those will be in the Act rather than in the regs.

Potential evidentiary disputes

• The regulations’ procedural detail sets up precise attack points for evidentiary challenges: nozzle velocity matching, the average flow velocity criterion, the equal‑area sampling point placement, minimum sampling time, and filter suitability. Practitioners should be prepared to substantiate each element in records and chain of custody.

In practice, these are not abstract technicalities; each is a discrete compliance requirement that can determine whether a measurement is accepted as showing compliance with the 0.25 g/m3 standard. The regulations provide precise procedural rules, and those rules are the likely focus in any compliance review or enforcement proceeding.

Compliance under these regulations requires following the prescribed measurement and observation procedures and documenting each step. The regulations do not themselves set administrative forms or reporting templates, so the key compliance actions are procedural, technical and documentary.

1. Determine scope: classify your equipment

• Establish whether the source is a "boiler" as defined in reg 2. A boiler is a vessel heating water by combustion material with a total heat input of 100 or more megajoules per hour. If it meets that threshold, reg 3(a) applies and you must perform CO2‑basis adjustment to 12% when applying the 0.25 g/m3 standard.
• If you operate other trade, industry, process, industrial plant or fuel burning equipment that emits solid particles, reg 3(b) applies and the 0.25 g/m3 limit applies to residual gases before admixture with air, smoke or other gases.

2. Prepare sampling access to meet the prescribed point conditions (reg 4(2))

• Identify a sampling plane that meets the dimensional criteria: at least 2D downstream from any bend or change in direction, and at least 3D downstream from any fan or damper, where D is the flue diameter or the mean of width and breadth for rectangular flues (reg 4(2)(a)(i)-(ii)). Record the calculation of D and the measured distances.
• Ensure the chosen sampling point has an average gas velocity greater than 3 m/s. If it does not, select an alternate location that does, or seek guidance under the parent Act on permissible alternatives (reg 4(2)(b)).
• Ensure the sampling plane is downstream of any dust control equipment; sampling must occur after abatement (reg 4(2)(c)).

3. Configure sampling pattern and timing (reg 4(3)-(5))

• Determine duct area and select the number of sampling points accordingly: not less than 4 points for duct areas <0.20 m2; not less than 8 points for 0.20-2.0 m2; and not less than one for each 0.25 m2 for areas >2.0 m2. Lay out sampling points at the centre of equal areas across the sampling plane (reg 4(4)).
• Ensure sampling time is the same for each sampling point and at least 3 minutes per point (reg 4(5)). Plan a sampling sequence that meets these timing requirements and prepare to document start and stop times for each increment.

4. Match nozzle and flue velocities and select filter media (reg 4(1) and (6))

• Withdraw the sample so that the velocity of gases entering the sample nozzle is, as nearly as practicable, the same as the velocity of the gases in the flue at the sampling point (reg 4(1)). Record the method used to determine and match velocities.
• Use an appropriate filter to separate solid particles, such as fibreglass or alundum, or an alternative material demonstrably suited to withstand sampling conditions (temperature, chemical exposure) presented at the sampling position (reg 4(6)). Maintain chain of custody and laboratory analysis records for the filter and captured particulate.

5. Perform CO2‑basis adjustment for boilers/incinerators (reg 3(a))

• For boilers and incinerators, adjust measured concentrations to a 12% CO2 basis as required by reg 3(a). Document the measurement method for CO2 concentration, the correction calculation used, and the reference conditions (cubic metre is defined at 0° C and one atmosphere in reg 2). Because the regulations do not provide the formula, use established engineering practice and document it thoroughly.

6. Conduct visual assessments of smoke with certified charts (reg 5)

• Obtain and use Ringelmann or Miniature Ringelmann Charts certified by the Minister (reg 5(7)). Ensure the physical chart in use corresponds to the Minister‑certified standard and is in good condition.
• When observing, hold or fix the chart so it is in line with the observer and the source (reg 5(2)). Compare the plume at the exit point to the chart shades and record the shade that most closely matches and the duration of that shade (reg 5(3)-(4)).
• When the sun is shining, as far as practicable arrange observer, chart and sun at right angles to reduce glare effects (reg 5(5)). Observe the correct distances: 15-30 metres for the Ringelmann Chart, 1-5 metres for the Miniature Ringelmann Chart (reg 5(6)). Record any deviations from these prescriptions and the reasons.

7. Document everything and retain records

• Create contemporaneous records that show: calculation of D and placement distances; measured or calculated average gas velocity; sampling nozzle velocity records; filter type and condition; sampling start and stop times for each point; number and layout of sampling points; chain of custody for filters; lab analysis results; CO2 measurements and the method of adjustment to 12% basis; and Ringelmann observations (chart ID, observer identity, distance, time, shade recorded, environmental conditions). These records are the practical proof that sampling complied with regs 3-5.

8. Coordinate with competent sampling and analytical providers

• Use field technicians and laboratories familiar with the reg 4 sampling geometry requirements, chain of custody practices, filter selection, and CO2 measurement for correction to 12% basis. Ensure vendors can provide documented evidence that field measurements matched the "as nearly as practicable" velocity matching and other prescriptive details.

9. Engage with the regulator and check parent Act requirements

• Because these regulations are applied for the purposes of section 33(1) of the Act and are deemed under the Environmental Protection Act 1986 by the reprint notes, operators should consult the parent Act to confirm enforcement procedures, notice and appeal rights, and how regulators expect data to be presented. The regulations set method; the parent Act will set the regulatory process.

10. Review instrument condition and administrative prerequisites

• Keep Ringelmann charts certified by the Minister available and ensure staff are trained in the observation protocol. Maintain access arrangements to sampling planes that meet the D clearances and safety requirements.

Following these steps and maintaining meticulous documentation aligns operational practice with the precise procedural obligations the regulations prescribe. Where the regulation text leaves technical choices unspecified (for example the precise formula for 12% CO2 adjustment or the suitability standard for alternative filter media), choose recognised engineering and analytical standards, document the basis of choices, and, where necessary, seek regulator confirmation under the parent Act.