Protection of the Environment Operations (Clean Air) Amendment (Solid Fuel Heaters) Regulation 2016 (NSW)
New South Wales
Protection of the Environment Operations
(Clean Air) Amendment (Solid Fuel Heaters)
Regulation 2016
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.
MARK SPEAKMAN, MP
Minister for the Environment
Explanatory note
The objects of this Regulation are as follows:
| (a) | to require domestic solid fuel heaters to be marked in accordance with AS/NZS 4012:2014, Domestic |
solid fuel burning appliances—Method for determination of power output and efficiency (in addition
| to the current requirement that they be marked in accordance with AS/NZS 4013:2014, Domestic solid fuel burning appliances—Method for determination of flue gas emission), | ||||
| (b) | to require certificates of compliance in relation to domestic solid fuel heaters to specify the overall average efficiency and appliance particulate emission factor, being: | |||
| ||||
| (c) | to prohibit falsely marking on a heater that it complies with AS/NZS 4012:2014 (in the same way as falsely marking that it complies with AS/NZS 4013:2014 is currently prohibited), | |||
| (d) | to exclude pellet heaters from the operation of the restrictions on domestic solid fuel heaters. |
This Regulation is made under the Protection of the Environment Operations Act 1997, including
section 323 (the general regulation-making power) and clauses 6A (Fuel and fuel burning equipment)
and 15 (General) of Schedule 2 (Regulation-making powers).
Protection of the Environment Operations (Clean Air)
Amendment (Solid Fuel Heaters) Regulation 2016
under the
Protection of the Environment Operations Act 1997
1 Name of Regulation
This Regulation is the Protection of the Environment Operations (Clean Air)
Amendment (Solid Fuel Heaters) Regulation 2016.
2 Commencement
This Regulation commences on 1 November 2016 and is required to be published on the NSW legislation website.
| Schedule 1 | Amendment of Protection of the Environment Operations (Clean Air) Regulation 2010 |
Part 2
Omit the Part. Insert instead:
Part 2 Domestic solid fuel heaters 4 Definitions
In this Part:
certificate of compliance, in relation to a heater, means:
(a)
in the case of a heater sold before 1 September 2019—a certificate issued by a body approved by the EPA and certifying that all heaters of that model:
(i) comply with Standard 4012 and Standard 4013, and (ii)
have an overall average efficiency of not less than 55% as tested and calculated in accordance with Standard 4012, and
(iii)
have an appliance particulate emission factor, as tested and calculated in accordance with Standard 4013, not greater than:
(A) 2.5 g/kg (for heaters without catalytic combustors), or (B) 1.4 g/kg (for heaters with catalytic combustors), or
(b)
in the case of a heater sold on or after 1 September 2019—a certificate issued by a body approved by the EPA and certifying that all heaters of that model:
(i) comply with Standard 4012 and Standard 4013, and (ii)
have an overall average efficiency of not less than 60% as tested and calculated in accordance with Standard 4012, and
(iii)
have an appliance particulate emission factor, as tested and calculated in accordance with Standard 4013, not greater than:
(A) 1.5 g/kg (for heaters without catalytic combustors), or (B) 0.8 g/kg (for heaters with catalytic combustors).
certificate of exemption means a certificate issued by a body approved by the EPA, being a certificate exempting all heaters of a particular model from compliance with Standard 4012 and Standard 4013.
heater solid fuel burning appliances—Method for determination of flue gas emission, as in force from time to time.
means any solid fuel burning appliance that is designed, manufactured
or adapted for domestic use.
model of heater means a particular design of heater made by a particular
manufacturer.
Standard 4012 means the document entitled AS/NZS 4012:2014, Domestic
solid fuel burning appliances—Method for determination of power output and
efficiency, as in force from time to time.5 Application of Part
(1) This Part applies to heaters (including the wholesale and retail sale of heaters). (2) However, this Part does not apply to the sale or installation of heaters of the
following kind:
(a) a masonry appliance built on site, (b) a central heating appliance, (c) a cooking stove appliance, (d) an appliance intended for use solely for heating water, (e) an appliance intended for use solely for distributing heat through ducts, (f) a pellet heater. (3) In this clause:
central heating appliance means a heating appliance that is intended for space
heating of premises by means of transferring heat to the living areas of the
premises by ducted hot air, hot water or another fluid.
cooking stove appliance means a solid fuel burning appliance:
(a) that has at least one cooking hot plate, and (b) that has an oven with a volume of not less than 28 litres, and (c) around which gaseous combustion products are capable of being routed. pellet heater means a domestic, automatic, continuous feed, pellet fuel burning appliance that is designed and manufactured to burn compressed wood or biomass pellets. 6 Requirement for certificates of compliance when heaters are sold
(1) A person must not sell a heater to any other person unless:
(a)
the heater is marked in accordance with Standard 4012 and Standard 4013, and
(b)
a certificate of compliance is in force in relation to heaters of the same model as that heater, and
(c)
in the case of a sale to a person whose business includes the wholesale or retail sale of heaters—a copy of the certificate of compliance has been given to the purchaser.
Maximum penalty: 200 penalty units (in the case of a corporation) or
100 penalty units (in the case of an individual).
(2) This clause does not apply to a heater of a model for which a certificate of
exemption is in force.7 Interference with heaters
(1) A person must not:
(a)
alter the structure, exhaust system or inlet air system of any heater of a model that is the subject of a certificate of compliance or certificate of exemption, or
(b)
mark on a heater that it complies with Standard 4012 or Standard 4013, or both, if the heater is not of a model that is the subject of a certificate of compliance.
Maximum penalty: 200 penalty units (in the case of a corporation) or
100 penalty units (in the case of an individual).
(2) This clause extends to any person who causes or permits the doing of a thing
that is prohibited under this clause.(3) Nothing in this clause makes it an offence for a person to carry out any repair work on any heater (including repairs or alterations in accordance with a notice under section 96 of the Act).
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