135CContravention of smoke abatement notices

135C Contravention of smoke abatement notices

135C Contravention of smoke abatement notices

(1) A person to whom a smoke abatement notice has been given must not, without reasonable excuse, fail to comply with the notice while the notice remains in force.

Maximum penalty—30 penalty units.

(2) A smoke abatement notice does not prevent the emission of smoke that is not excessive smoke.

(3) In any proceedings for an offence under this section, a document signed by the authorised officer of an appropriate regulatory authority who issued a smoke abatement notice certifying that the officer had, at a specified time and place—

(a) observed a plume of smoke being emitted from a chimney on or in premises specified in the certificate for a continuous period of not less than 10 minutes, and

(b) observed during that period a plume of smoke extending at least 10 metres from the point at which the smoke was emitted from the chimney for a period of not less than 30 seconds,

is evidence of the matters so certified, unless the contrary is proved.

pt 5.4, div 3 (ss 135A–135D): Ins 2005 No 96, Sch 1 [62].