72Exemption for emission of smoke by public authority

72 Exemption for emission of smoke by public authority

72 Exemption for emission of smoke by public authority

A public authority, including a person acting at the direction of the public authority, is exempt from the operation of the Act, section 128 and Divisions 2 and 3, to the extent that those provisions regulate the emission of smoke if—

(a) the smoke is emitted during the following activities—

(i) research to improve safety in relation to the flammability of materials and smoke reduction, including the development of testing procedures,

(ii) training of fire-fighters,

(iii) rating of the effectiveness of fire extinguishers and fire suppression systems,

(iv) testing undertaken to certify that manufactured or imported products comply with Australian Standards or International Standards or meet the legislative requirements placed on them, and

(b) the EPA gives its approval because it is of the opinion that—

(i) the emission of smoke will not have a significant impact on local and regional air quality and amenity, and

(ii) it is not practicable for the public authority to implement operational changes to plant or practices to comply with the provisions in relation to the emission of smoke, and

(iii) satisfactory steps will be taken to minimise the impacts on air quality and amenity.