9General obligation to prevent or minimise air pollution

9 General obligation to prevent or minimise air pollution

9 General obligation to prevent or minimise air pollution

(1) A person who burns anything in the open or in an incinerator must use all practicable means to prevent or minimise air pollution.

Maximum penalty—

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

(b) for an individual—50 penalty units.

(2) Without limiting subsection (1), the means of preventing or minimising air pollution may include the following—

(a) mitigating the potential for smoke impacting on a person, considering—

(i) wind direction, and

(ii) weather conditions, and

(iii) the likely length of burning time of the material,

(b) taking reasonable measures to ensure the material being burnt is not wet,

(c) burning only material that is suitable for disposal by burning, considering the possible effects on human health and the environment.