Clean Air Act Amendment Act 1970 (Qld)

523 11misJ2tkt4 ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINA.E No. 43 of 1970 An Act to Amend The Clean Air Act of 1963 i n certain particulars [ ASSENTED TO 21ST DECEMBER, 19701 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Clean. Air Act Amendment Act 1970. (2) The Clean Air Act of 1963 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Clean Air Act 1963-1970.

524 Clean Air Act Amendment Act 1970, No. 43 2. Amendment of s. 7. Section 7 of the Principal Act is amended by- (a) in the definition " control equipment ", inserting in paragraph (d) after the word " device " the words " or any structure "; (b) omitting the definition " fuel burning equipment " and inserting in its stead the following definition:- " " Fuel burning equipment "- Any apparatus , device, mechanism or structure used or to be used in connexion with the burning of any combustible material in or in relation to any industrial plant and any furnace, boiler, fireplace, oven , retort, incinerator , open fire, vehicle , vessel or chimney;"; (c) in the definition " occupier ", omitting the proviso and inserting in its stead the following proviso:- " Provided that in relation to a vehicle or a vessel other than a sea-going vessel the term does not include an employee in control of the vehicle or vessel in the course of his employment;"; (d) in the definition " premises ", adding the words " or vessel ". 3. Amendment of s. 16 . Section 16 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1); (b) adding the following subsection:- (2) A report shall be made annually- (a) by the Director to the Council; and (b) by the Council to the Minister, on the administration of this Act for the year covered by the report. The Minister shall present to the Legislative Assembly and table therein the report made to him by the Council.". 4. Amendment of s. 17. Section 17 of the Principal Act is amended by adding the following subsection:- " (7) A reference in this Act to an inspector shall be construed to include reference to- (a) the person who holds the appointment of Director and a person who is acting in the office of Director; and (b) a person who, as a chemist or engineer, aids in the effectual administration of this Act.". 5. Amendment of s. 30 . Section 30 of the Principal Act is amended by, in subsection (3), omitting the words " for the reference to the occupier of any premises there were substituted a reference to the master of the vessel in question and as if ". 6. Amendment of s. 32. Section 32 of the Principal Act is amended by, in subsection (1), inserting after the words " industrial plant " the words " or from any premises, being a vehicle or vessel, used for the purpose of any trade, industry or process,".

Clean Air Act Amendment Act 1970, No. 43 525 7. Amendment of s. 36. Section 36 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, inserting after the word " prohibit " the words " and restrict "; (b) inserting after paragraph (b) the following paragraph:- "; (c) prohibit or restrict, by reference to time or manner of disposal or quantity or type of waste, the disposal by burning (whether on a refuse tip controlled by a Local Authority or elsewhere) of all waste or of such waste as may be specified in the order "; (c) adding the following paragraph:- " The expression " waste " includes garbage, refuse and discarded matter of any description.". 8. Amendment of s. 40 . Section 40 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1); (b) adding the following subsection:- " (2) Before an inspector enters any private dwelling-house pursuant to a power conferred by this section he shall, save where he has the permission of the occupier or person in charge of that dwelling-house to his entry, obtain from a justice a warrant to enter. A justice who is satisfied upon the complaint of an inspector that there is reason to suspect that, in relation to any premises, any provision of this Act or any requirement or order made pursuant thereto or the conditions attached to any license or exemption granted thereunder are not or have not been complied with, or that it is likely the same will not be complied with may issue his warrant directed to the inspector to enter the premises specified in the warrant for the purpose of exercising therein the powers conferred on the inspector by this Act. A warrant issued under this section shall be, for a period of one month from its issue, sufficient authority- (a) to the inspector to whom it is directed and to all persons acting in aid of him to enter the premises specified in the warrant; and (b) to the inspector to whom it is directed to exercise in respect of the premises specified in the warrant all the powers conferred on an inspector by this Act. For the purposes of this subsection the expression " private dwelling-house " does not include parts of premises which parts are not used exclusively for the purpose of private residence, or the curtilage of any premises.". 9. Amendment of s. 50 . Section 50 of the Principal Act is amended by- (a) in subsection (1), (i) inserting in paragraph (viii) after the words " air impurities " the words " and prohibiting the emission from prescribed fuel burning equipment and industrial plant of all or prescribed air impurities ";

526 Clean Air Act Amendment Act 1970, No. 43 (ii) inserting after paragraph (viii) the following paragraphs: " (ix) prescribing with respect to the design of prescribed fuel burning equipment and industrial plant and the devices to be fitted thereto to prevent or regulate the emission from such equipment or plant of air impurities, the duties in relation thereto of the makers and of the users of such equipment and plant; (x) prescribing the powers of members of the Police Force and inspectors to stop, detain and require the examination and testing of prescribed fuel burning equipment to secure compliance with this Act; the powers of inspectors to examine and test prescribed fuel burning equipment for that purpose; the obligation of owners and drivers of such equipment to comply with the signal, request, direction and requisition of a member of the Police Force or of an inspector directed to securing compliance with this Act or in relation to matters to which this Act applies;"; (iii) renumbering paragraphs (ix), (x), (xi), (xii) and (xiii) as paragraphs (xi), (xii), (xiii), (xiv) and (xv) respectively; (b) in subsection (3), omitting the symbol " (x) " and inserting in its stead the symbol " (xii) ".