Environmental Protection (Solid Fuel Heater and Firewood) Regulations 2018 (WA)
Western Australia
Environmental Protection Act 1986
Western Australia
Environmental Protection Act 1986
These regulations are the
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the
Gazette ;(b) the rest of the regulations — on the day after that day.
(1) In this Part —
(a) was manufactured before or after these regulations came into operation; or
(b) is new or used;
(a) the efficiency standard set out in AS/NZS 4012 section 9; and
(b) the emission standard set out in AS/NZS 4013 section 7.
(2) If AS/NZS 4012 or AS/NZS 4013 is amended or replaced, a reference in this Part to a section of that standard is to be taken to be a reference to the equivalent section of the amended or replaced standard.
The provisions of the solid fuel heater standards set out in column 1 of the Table apply to a heater on and after the date set out opposite in column 2 of the Table.
AS/NZS 4012 section 9.1.1(a) | Date on which Part 2 of these regulations comes into operation until the close of 7 August 2019 |
AS/NZS 4012 section 9.1.1(b) | 8 August 2019 |
AS/NZS 4013 section 7.1.1(a) and 7.1.2(a) | Date on which Part 2 of these regulations comes into operation until the close of 7 August 2019 |
AS/NZS 4013 section 7.1.1(b) and 7.1.2(b) | 8 August 2019 |
(1) A person must not sell a heater unless it —
(a) complies with the solid fuel heater standards; and
(b) is marked —
(i) in accordance with AS/NZS 4012 and AS/NZS 4013; and
(ii) with the name and address of the person or body that tested that model of heater for the purposes of AS/NZS 4012 and AS/NZS 4013, and the year in which it was tested.
Penalty for this subregulation: a fine of $5 000.
(2) Subregulation (1) does not apply to a heater that has been installed in, and is sold together with, a building.
(3) For the purposes of this Part, a heater is taken to comply with the solid fuel heater standards if a heater of the same make and model, when tested in accordance with AS/NZS 4012 and AS/NZS 4013, complies with the standards.
(4) For the purposes of this Part, a heater (a
new heater ) is taken to comply with the solid fuel heater standards if —(a) a heater of a similar make and model (an
old heater ), when tested in accordance with AS/NZS 4012 and AS/NZS 4013, complies with those standards; and(b) the differences between the old heater and the new heater are such that under AS/NZS 4012 section 8.5 and AS/NZS 4013 section 9 testing of the new heater is not required.
6. False markings
A person must not mark a heater or sell a heater that is marked in a manner that states or implies that the heater complies with the solid fuel heater standards if the person knows, or ought reasonably to have known, that the heater does not comply with the standards.
Penalty: a fine of $5 000.
(1) An inspector may inspect a heater being offered for sale to check that it complies with the requirement for marking a heater specified in regulation 5(1)(b).
(2) An inspector who reasonably believes that a heater being offered for sale does not comply with the solid fuel heater standards may, by written notice to the person selling it, require the person to —
(a) have the heater, or another heater of the same make and model, tested in accordance with AS/NZS 4012 and AS/NZS 4013; and
(b) provide a copy of the test results to the inspector within the time specified in the notice.
(3) A person must comply with a requirement under subregulation (2).
Penalty for this subregulation: a fine of $5 000.
A test carried out for the purposes of this Part to determine whether a heater complies with the solid fuel heater standards must be carried out —
(a) at a laboratory registered by the National Association of Testing Authorities Australia (ABN 59 004 379 748); or
(b) by a person authorised in writing by the CEO to carry out the test.
This Part applies in the area bounded by the low water mark of the Indian Ocean and the local government districts of Wanneroo, Swan, Mundaring, Kalamunda, Armadale, Serpentine — Jarrahdale, Rockingham and Mandurah (including those districts).
A person must not sell as domestic firewood any wood with an internal moisture content of more than 20% (calculated on a wet basis), except —
(a) in accordance with a permit authorising the person to sell the wood; or
(b) to a firewood wholesaler or retailer.
Penalty: a fine of $5 000.
A person who keeps wood with an internal moisture content of more than 20% (calculated on a wet basis) for future retail sale by that person as domestic firewood must keep the wood —
(a) separate from any dry firewood that is for sale; and
(b) clearly marked as being not for sale because it does not meet internal moisture content standards.
Penalty: a fine of $5 000.
(1) An application for a permit referred to in regulation 10(a) must be —
(a) made to, and in a form approved by, the CEO; and
(b) accompanied by any further information that the CEO may reasonably require.
(2) The CEO may —
(a) issue or refuse to issue a permit as the CEO thinks fit; and
(b) impose any conditions on the issue of a permit that the CEO thinks fit.
(3) If the CEO refuses to issue a permit the CEO must give the applicant written notice of the refusal and the reasons for it.
(4) A permit holder must promptly notify the CEO of any change in any of the information provided in, or with, the permit holder’s application.
Penalty for this subregulation: a fine of $5 000.
(1) A permit remains in force for the period specified on the permit unless it is earlier revoked by the CEO.
(2) The CEO may, by giving written notice to the permit holder, revoke a permit if —
(a) the permit holder fails to comply with any condition of the permit; or
(b) the CEO considers that it is not appropriate for the permit to remain in force.
(3) Before revoking a permit the CEO must —
(a) give the permit holder written notice of the proposed revocation and the reasons for it; and
(b) allow the permit holder 21 days to respond to the notice; and
(c) have due regard to any response to the notice made by the permit holder within that time.
14. Measurement of internal moisture content
For the purposes of this Part, the internal moisture content of wood must be measured in accordance with the
A person must not sell as domestic firewood any wood that —
(a) is painted; or
(b) is coated with plastic; or
(c) has been treated with any chemical.
Penalty: a fine of $5 000.
The
This Division amends the
In Schedule 6 in the Table:
(a) delete the item relating to
Environmental Protection (Domestic Solid Fuel Burning Appliances and Firewood Supply) Regulations 1998 ;(b) insert in alphabetical order:
1. regulation 5(1) | 250 | 500 |
2. regulation 6 | 250 | 500 |
3. regulation 7(3) | 250 | 500 |
4. regulation 10 | 250 | 500 |
5. regulation 11 | 250 | 500 |
6. regulation 12(4) | 250 | 500 |
7. regulation 15 | 250 | 500 |
31 Aug 2018 p. 3093‑107 | Pt. 1: 31 Aug 2018 (see r. 2(a)); Regulations other than Pt. 1: 1 Sep 2018 (see r. 2(b)) |
AS/NZS 4012................................................................................................................ 3(1)
AS/NZS 4013................................................................................................................ 3(1)
heater............................................................................................................................. 3(1)
new heater..................................................................................................................... 5(4)
old heater....................................................................................................................... 5(4)
solid fuel heater standards......................................................................................... 3(1)
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