18Authorised burning under approval

18 Authorised burning under approval

18 Authorised burning under approval

(1) Burning matter is authorised for the purposes of this Division if the burning is carried out under and in accordance with an approval granted by—

(a) the EPA, or

(b) a council for a local government area specified in Schedule 1, Part 2.

(2) A council must not grant an approval unless it applies only—

(a) in the local government area of the council, and

(b) to the burning of dead and dry vegetation on the premises on which the vegetation grew.

(3) An approval may be granted to a particular person or a class of persons.

(4) Before granting an approval, the EPA or council must consider the following—

(a) the impact on local and regional air quality and amenity,

(b) the alternatives to burning the matter to which the approval relates, including the feasibility of re-use, recycling or otherwise disposing of the material,

(c) the opinions of the sectors of the public likely to be affected by the proposed approval,

(d) for an approval by a council to a class of persons—the opinion of the EPA, if any, in relation to the proposed approval.

(5) An approval is granted—

(a) to a particular person—by written notice given to the person, or

(b) to a class of persons—by written notice published—

(i) in the Gazette, or

(ii) if granted by a council—in another way that the council is satisfied is likely to bring the notice to the attention of the class of persons.

(6) An approval is subject to the conditions specified in the notice.

(7) An approval may be amended or revoked by a further written notice.

(8) An approval remains in force for—

(a) the period specified in the notice, or