10Prohibition on burning certain prohibited items

10 Prohibition on burning certain prohibited items

10 Prohibition on burning certain prohibited items

(1) A person must not burn the following items in the open or in an incinerator—

(a) tyres,

(b) coated wire,

(c) paint containers and residues,

(d) solvent containers and residues,

(e) timber treated with—

(i) copper chromium arsenate (CCA), or

(ii) pentachlorophenol (PCP).

Maximum penalty—

(a) for a corporation—100 penalty units, or

(b) for an individual—50 penalty units.

(2) This section does not apply to the following—

(a) an item burnt in an incinerator subject to an environment protection licence if the burning is authorised by the licence,

(b) a tyre burnt to instruct in methods of fire fighting by a person acting in an official capacity as—

(i) an officer or member of a fire fighting authority, or

(ii) a fire control officer of the NSW Rural Fire Service,

(c) an item burnt—

(i) by a person at the direction of a public authority, and

(ii) under and in accordance with an approval granted to the public authority by the EPA under this Division.