Smoke Nuisance Abatement Act No 3a (NSW)

No. XVI.

An Act to abate the Nuisance arising from the

Smoke of Furnaces . [7th April, 1866.]

WH E R E A S it is expedient to abate t h e Nuisance ar is ing from Smoke of Furnaces Be i t therefore enacted b y t h e Queen ' s

the

Mos t Exce l l en t Majes ty by a n d wi th t h e advice and consent of t h e

Legis la t ive Counci l and Legis la t ive Assembly of N e w Sou th W a l e s

in Pa r l i amen t assembled as follows :—

1. F rom and after t h e first day of J u l y one t housand e ight h u n d r e d and sixty-six every furnace employed or to be employed in t h e work ing of engines by s team in any city town or hamle t conta in ing according to t h e last p receding census not less t h a n two thousand inhab i t an t s or any suburbs thereof t h e boundar ies of which shall be described in any proc lamat ion issued b y t h e Governor wi th t h e advice of t h e Execu t ive Council a n d every furnace employed or to be employed in any mi l l factory distillery brewhouse sugar refinery bakehouse gas works wa te r works publ ic b a t h or washhouse in a n y such ci ty t o w n or suburbs (a l though a s team-engine be no t employed the re in respectively) shal l in all cases be const ructed or a l tered so as to p reven t as far as possible t h e formation of smoke in such furnace a n d if any person shall i n any such city town or suburbs after t h e said first day of J u l y one thousand eight h u n d r e d a n d sixty-six use a n y such furnace which shal l no t be cons t ruc ted so as to p reven t as far as possible t he formation of smoke there in or shall so negl igent ly use such furnace as t h a t smoke shall arise therefrom every person so offending be ing t h e owner or occupier of t h e premises or be ing a foreman or o ther person employed by such owner or occupier shal l u p o n a s u m m a r y convict ion for such offence before any two or more Jus t i ces be l iable to a pena l ty no t exceeding five pounds no r less t h a n forty shil l ings and upon a second conviction for a l ike offence to a pena l ty no t exceeding t en pounds and upon each subsequent convict ion for a l ike offence to a pena l ty no t exceeding twice t h e a m o u n t of t h e pena l ty imposed for t h e last preceding conviction.

2. The provisions of t he preceding section shall apply to all furnaces the re in described which shall hereafter be const ructed in any other ci ty or t own wi th in t h e Colony.

3 . Prov ided t h a t t h e words " p reven t t he format ion of s m o k e "

shall no t be held absolutely to m e a n " t h e complete prevent ion of t h e

formation of s m o k e " b u t t h a t t h e Jus t i ces m a y in any case remi t any of t h e penal t ies enacted hereby if they shall be of opinion t h a t t he furnace in ques t ion has been so const ructed or a l tered as to p reven t as far as possible t h e format ion of smoke in such furnace a n d t h a t t h e person charged has carefully a t t ended to the same a n d p reven ted as far as possible any smoke to arise from such furnace Prov ided also t h a t i t shall be lawful for such Jus t i ces w i th t he consent of such person on t h e hea r ing of t h e case to appoin t a compe ten t person to examine such furnace and to m a k e his repor t t he r eupon whe ther i t has been so const ructed or a l tered and to suspend the i r

decision u n t i l t hey shall have received such repor t .

B 4.

4. N o complaint shal l be b rough t agains t any person for t h e recovery of a n y pena l ty unde r th i s A c t except by a Super in tenden t Inspec tor or Sergeant of Police or by any Inspec tor of Nuisances or by t h e owner or occupier of premises w i th reference to which t h e furnace

in ques t ion is so s i tua te as to c rea te a n annoyance to t h e occupiers

of such premises .

5. I n case of any compla in t u n d e r th i s A c t to wh ich t w o or

more par t ies whe the r as owners or occupiers of premises m a y be jo in t ly answerable i t shal l be sufficient to proceed agains t one or more of t h e m w i t h o u t proceeding aga ins t t h e others or o ther of t h e m b u t n o t h i n g here in conta ined shal l p reven t t h e par t ies so proceeded agains t from recover ing relief in any case in which t hey would now be ent i t led to relief by law.

6. This A c t shall be styled a n d m a y be ci ted as t he " S m o k e

Nu i sance A b a t e m e n t A c t . "