Environmental Offences and Penalties Act 1989 Regulation relating to penalty notices for offences under the Clean Air (Control of Burning) Regulation 1995 (1995-475) [GG No 105 of 1.9.1995] (NSW)

1995—No. 475

ENVIRONMENTAL OFFENCES AND PENALTIES ACT 1989-

REGULATION

(Relating to penalty noticesfor offences under the Clean Air (Control of Burning)

Regulation 1995)

NEW SOUTH WALES

[Published in Gazette No. 105 of 1 September 1995]

HIS Excellency the Governor, with the advice of the Executive Council,

and in pursuance of the Environmental Offences and Penalties Act 1989,

has been pleased to make the Regulation set forth hereunder.

PAM ALLAN, M.P.,

Minister for the Environment.

Commencement

1. This Regulation commences on 1 September 1995.

Amendment

2. Schedule 2 to the Environmental Offences and Penalties Act 1989 is amended by omitting the matter relating to the Clean Air (Control of Refuse Burning) Regulation 1988 and by inserting instead the following matter:

Clean Air (Control of Burning) Regulation I995

Provision of Regulation	Short description	Officer	Penalty
Clause 5 (1): Burn anything by	Burn by open fire in	1, 2, 3, 4	$200
open fire in a Schedule 1 area	Schedule 1 area
otherwise than as permitted
Clause 6 (1): Burn anything in an	Burn in incinerator in	1, 2, 3, 4	$200
incinerator in a Schedule 2 area	Schedule 2 area
otherwise than as permitted

Clause 7: Burn anything otherwise	Burn otherwise than 1, 2, 3, 4 $200
than by such means as prevent or	so as to prevent/
minimise air pollution	minimise air pollution

1995-No. 475

EXPLANATORY NOTE

The object of this Regulation is to update the list of offences under the Clean Air Act

1961 for which penalty notices can be issued under the Environmental Offences and
Penalties Act 1989. The update is made necessary by the repeal of the Clean Air (Control of Refuse Burning) Regulation 1988 and the making of the Clean Air (Control
of Burning) Regulation 1995.

This Regulation is made under the Environmental Offences and Penalties Act 1989, in particular section 8G (penalty notices) and section 28 (the general regulation-making power).