7Emission of smoke from heating appliances, fireplaces, outdoor solid-fuel-burning heaters and outdoor solid-fuel-burning cooking appliances

7 Emission of smoke from heating appliances, fireplaces, outdoor solid-fuel-burning heaters and outdoor solid-fuel-burning cooking appliances

(1)  A person must not cause, or allow, a heating appliance, a fireplace or an outdoor solid-fuel-burning heater to emit smoke that –

(a) is visible for a continuous period of 10 minutes or more; and

(b) during that continuous 10-minute period, is visible for a continuous period of 30 seconds or more –

(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

(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.

Penalty:  Fine not exceeding 10 penalty units.

(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 –

(a) is visible for a continuous period of 10 minutes or more; and

(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.

Penalty:  Fine not exceeding 10 penalty units.

(3)  If, in a proceeding for an offence against subregulation (1) or (2) , 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.

(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.

Penalty:  Fine not exceeding 10 penalty units.