Protection of the Environment Operations Act 1997
133Prohibition by EPA of burning in open air or incinerators
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133 Prohibition by EPA of burning in open air or incinerators
133 Prohibition by EPA of burning in open air or incinerators
(1) This section applies if the EPA is of the opinion that weather conditions are such that the burning of fires in the open or in incinerators while those conditions persist will contribute or is likely to contribute to air pollution to such an extent that the making of an order under this section is warranted.
(2) The EPA may, by order published in accordance with this section, prohibit, unconditionally or conditionally, the burning of fires in the open or in all or any specified classes of incinerators.
(3) An order under this section has effect for such period (not exceeding 7 days) as is specified in the order, but may be revoked by a further order under this section.
(4) An order must be published in the reasonably practicable way the EPA is satisfied is most likely to bring the order to the attention of the persons to whom the order applies.
(5) An order under this section may be limited in any way specified in the order, including—
(a) to specified areas or classes of areas,
(b) to specified persons or classes of persons,
(c) to specified times or circumstances,
(d) to specified purposes or classes of purposes.
(6) An order under this section has effect even though it prohibits burning that is permitted by any regulation relating to the burning of fires.
s 133: Am 2018 No 25, Sch 2.27 [3]; 2024 No 20, Sch 9[30].