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CrestWestern Australia

Environmental Protection Act 1986

Environmental Protection (Unauthorised Discharges) Regulations 2004

Western Australia

Environmental Protection (Unauthorised Discharges) Regulations 2004

Contents

1. Citation 1

2. Interpretation 1

3. Discharges of certain materials prohibited 1

4. Discharges of visible smoke from burning certain materials and dark smoke prohibited 2

5. Defences 2

6. Environmental Protection Regulations 1987 amended 3

7. Clean Air Regulations 1967 repealed 3

Schedule 1 — Materials that must not be discharged into the environment

Schedule 2 — Materials that must not be burnt so as to discharge visible smoke into the environment

Notes

Compilation table 6

Defined terms

Western Australia

Environmental Protection Act 1986

Environmental Protection (Unauthorised Discharges) Regulations 2004

1. Citation

These regulations may be cited as the Environmental Protection (Unauthorised Discharges) Regulations 2004.

2. Interpretation

In these regulations unless the contrary intention appears —

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.

3. Discharges of certain materials prohibited

(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.

Penalty: $5 000.

(2) Subregulation (1) does not apply if —

(a) the material discharged into the environment is a detergent and the detergent —

(i) was used as a wetting agent on a lawn or in a garden; and

(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;

or

(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.

4. Discharges of visible smoke from burning certain materials and dark smoke prohibited

(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.

Penalty: $5 000.

(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.

Penalty: $5 000.

(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.

5. Defences

In 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 —

(a) occurred in accordance with an authorisation given in the exercise of a power under another written law;

(b) occurred as a result of an emergency or an accident or malfunction caused otherwise than by the negligence of that person; or

(c) occurred for the purpose of preventing danger to human life or health or irreversible damage to a significant part of the environment.

6. Environmental Protection Regulations 1987 amended

(1) The amendment in this regulation is to the Environmental Protection Regulations 1987.

(2) Schedule 6 is amended by inserting after item 4 of the entry relating to the Environmental Protection (NEPM ‑ UPM) Regulations 2003 the following —

“

”.

7. Clean Air Regulations 1967 repealed

The Clean Air Regulations 1967 are repealed.

Schedule 1 — Materials that must not be discharged into the environment

[r. 3]

Schedule 2 — Materials that must not be burnt so as to discharge visible smoke into the environment

[r. 4(1)]

Notes

1 This is a compilation of the Environmental Protection (Unauthorised Discharges) Regulations 2004. The following table contains information about those regulation.

Compilation table

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

dark smoke 2