9Burning of vegetation and vegetative waste on land with an area of less than 2 000 square metres

9 Burning of vegetation and vegetative waste on land with an area of less than 2 000 square metres

(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 –

(a) the person uses all practicable means as are necessary to prevent or minimise air pollution; and

(b) if a valid permit is issued to the person under the Fire Service Act 1979 , he or she burns the vegetation or vegetative waste in accordance with the permit; and

(c) if valid by-laws, within the meaning of the Local Government Act 1993 , 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

(d) if a valid environment protection notice is issued, or caused to be issued, to the person under section 44 of the Act, he or she burns the vegetation or vegetative waste in accordance with that environment protection notice.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Without limiting subregulation (1) , the means of preventing or minimising air pollution are to include –

(a) means that have regard to the potential for smoke to have an adverse effect on human health and the environment, taking into account –

(i) wind direction and wind speed; and

(ii) weather conditions; and

(iii) the length of time that the vegetation or vegetative waste being burnt is likely to burn; and

(iv) the proximity of any habitable building; and

(b) taking reasonable measures to ensure that –

(i) only dry vegetation or vegetative waste is burnt; and

(ii) only vegetation or vegetative waste that is suitable for disposal by burning is burnt.