Smoke Nuisance Abatement Act 1902 (NSW)

Act No. 77, 1902.

S moke N iiiraxce

A uatement.

An Act to consolidate the enactments for

abating* the nuisance arising from the smoke

of furnaces. September, 1902.]

“O E it enacted by the King’s Most Excellent Majesty, by and 'with r > the advice and consent of the Legislative Council and Legislative

Assembly of New South "Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the “ Smoke Nuisance Abatement

Act, 1902.”

Repeal and savnigs. 2. (1) The Act twenty-ninth Victoria number sixteen is hereby

repealed.

(2) All proclamations issued under the authority of the Act

hereby repealed, the effect of which is not exhausted at the time of

the passing of this Act, shall be deemed to have been made hereunder.

Interpretation.	3. In this Act, unless the context or suhject-matter otherwise “ furnace ” means any furnace employed or to he employed in the working of any engine by steam or in any mill, factory, distillery, brewhouse, sugar refinery, bakehouse, gasworks, waterworks, public bath or wash-house ;
29 Vic. No. IG,

8S. 1, 2. indicates or requires,—

“ justice” means justice of the peace. 4.

Act No. 77, 1902. 555

Smoke Nuisance Abatement.

4* illis -A.ct sllclll cXpply Applicaiionof Act.

{a) to every furnace constructed before the first day of July, one j

tliousand eight hundred and sixty-six, which is in any city, '

'

town, or hamlet, containing, according to the last census for

the time being, not less than two thousand inhabitants;

(/;) to every furnace, whetlier constructed before or after the said day, which is in the suburbs of any such city, town, or hamh't, of wliich suburbs the boundaries are now or may hereafter he described in any jiroclamation made or deemed to have been made by tin; Governor under this A ct;

[a) to every furnace constructed after the said day in any city or

town.

6. All furnaces to which this Act applies shall bo so constructed Constniotion, ie., of furnaces.

or altered as to prevent as far as possible the formation of smoke	Ih id
therein.

6. Whosoever being the owner or occupier of the premises in ronaiiip.s.

Avbich any such furnace is, or being a foreman or other person employed by such owner or occupier, uses such furnace, the same not having been so constructed as to prevent as far as possible the formation of smoke therein, or so negligently uses such furnace that smoke arises there­ from, shall be liable to a penalty not exceeding five jiounds nor less than forty shillings, and upon a second conviction for a like offence to a penalty not exceeding ten pounds, and upon each subsequent conviction for a like offence to a penalty not cxcf'cding twice the amount of the penalty imposed for tlie ne.xt preceding conviction.

7. The Justices before whom any complaint under this Act is .Tumipos nwy

heard may, with the consent of the person charged, on the hearing of

the cas(', appoint a competent person to examine the furnace in	'
question, and to make his report thereon Avhether it has been consfructed or altered in conq)liance with the proAUsions of this Act, and may suspend their decision until they have received such report.

8. (1) The Governor may, by proclamation published in the Extension of Apt to

Gazette, extend the provisions of this Act to the suburbs of any city,

toAvn, or hamlet, containing, according to the last census, for the time	’	'
being, not less than two thousand inhabitants.

(2) Such proclamation shall describe the boundaries of the

suburbs to Avhich such proA'isions are extended.

9. No complaint shall bo brought against any person for the By wiiom compinint

recovery of any penalty under this Act except by a sirperintendent,	I h k l .	s, 4.
inspector, or sergeant of police, or by an inspector of nuisances, or by the OAvner or occupier of premises AAuth reference to Avhich the furnace in question is so situate as to create an annoyance to the occupiers of such premises.

556   Act No. 78, 1902.

13alranald Irrigation.

Joint owners or

occupiers.

10. In case of any complaint under this Act to which two or more parties, whether as owners or occupiers of premises, may he jointly answerahle, it shall be sufficient to ])rocecd against one or more of them without proccedin^^ against tin; others or other of them, hut nothing herein contained shall prevent the parties so proceeded against from recovering relief in any case in which they are entitled to relief by law.

29 Vic. No. 16, s. 5.