Protection of the Environment Operations Act 1997 Clean Air (Plant and Equipment) Amendment (Exemptions) Regulation 2000 (2000-704) [GG No 162 of 15.12.2000, p 13172] (NSW)
2000 No 704
| Clean Air (Plant and Equipment) | New South Wales |
Amendment (Exemptions)
Regulation 2000
under the
Protection of the Environment Operations Act 1997
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Protection of the Environment Operations Act 1997.
BOB DEBUS, M.P.,
Minister for the Environment
Explanatory note
The object of this Regulation is to amend the Clean Air (Plant and Equipment) Regulation 1997 to provide that the Environment Protection Authority may grant an exemption to a public authority from the operation of provisions of the Protection of the Environment Operations Act 1997 relating to the emission of smoke from plant and equipment during certain prescribed operations.
This Regulation is made under the Protection of the Environment Operations Act 1997, including sections 286 (exemptions by regulation) and 323 (the general regulation-making power).
| Published in Gazette No 162 of 15 December 2000, page 13172 | Page 1 |
| [4] | |
| 2000 No 704 | |
| Clause 1 | Clean Air (Plant and Equipment) Amendment (Exemptions) Regulation 2000 |
Clean Air (Plant and Equipment) Amendment
(Exemptions) Regulation 2000
1 Name of Regulation
This Regulation is the Clean Air (Plant and Equipment) Amendment
(Exemptions) Regulation 2000.
2 Amendment of Clean Air (Plant and Equipment) Regulation 1997
The Clean Air (Plant and Equipment) Regulation 1997 is amended as set out in Schedule 1.
3 Notes
The explanatory note does not form part of this Regulation.
2000 No 704
Clean Air (Plant and Equipment) Amendment (Exemptions)
Regulation 2000
| Amendment | Schedule 1 |
| Schedule 1 | Amendment |
(Clause 2)
Clause 16A
Insert after clause 16:
16A Exemptions
(1)
The Authority may grant an exemption to a public authority from the operation of sections 15 and 19 of the Act and clauses 15 and 16 of this Regulation in so far as those provisions relate to the emission of smoke.
(2) Such an exemption may only be given in relation to smoke
emitted in the course of the following activities:
(a)
research to improve safety in relation to the inflammability of materials and smoke reduction (including the development of testing procedures),
(b)
training of fire-fighters and the rating of the effectiveness of fire extinguishers and fire suppression systems,
(c)
testing undertaken to certify that manufactured or imported products comply with Australian Standards or International Standards and meet any legislative requirements placed on them.
(3) The Authority is to grant an exemption under this clause by
means of a written notice given to the public authority.(4) Before granting an exemption under this clause the Authority must:
(a)
take into consideration the impact of the exemption on local and regional air quality and amenity, and
(b)
be satisfied that it is not practicable for the public authority to comply with the relevant provisions of the Act and this Regulation by implementing operational changes to plant or practices.
2000 No 704
Clean Air (Plant and Equipment) Amendment (Exemptions)
Regulation 2000
| Schedule 1 | Amendment |
(5) An exemption:
(a)
is subject to such conditions (if any) as are specified in the notice by which the exemption is granted, and
(b)
may be amended or revoked by means of a notice given to the public authority, and
(c)
unless sooner revoked by the Authority, remains in force for a period of 12 months (or such other period as is specified in the exemption) from the date it is granted.
(6) In this clause:
Australian Standard means a standard published by Standards
Australia.
International Standard means a standard published by theInternational Organization for Standardization.
BY AUTHORITY
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