Australian Capital Territory Current Regulations

ENVIRONMENT PROTECTION REGULATION 2005 - REG 10

    (1)     A person commits an offence if the person—

        (a)     burns 1 or more of the following substances:

              (i)     a synthetic plastic or other synthetic polymer;

              (ii)     wood that—

    (A)     is painted, chemically treated or contaminated with a chemical; and

    (B)     has not been approved for sale or supply by the authority and chief health officer;

              (iii)     a chemical other than a chemical recommended by the manufacturer as fuel for a fire; and

        (b)     either—

              (i)     does not have an environmental authorisation for burning the substance; or

              (ii)     has an environmental authorisation for burning the substance, but the burning is not in accordance with the authorisation.

Maximum penalty: 10 penalty units.

Note     Environmental authorisations are dealt with in the title="A1997-92">Act

, pt 8.

    (2)     Subsection (1) does not apply to anything done in accordance with a direction under the

, section 27 (Destruction of infected animals etc—endemic disease) or section 29 (Destruction of infected animals etc—exotic disease).

    (3)     A person commits an offence if the person—

        (a)     burns 1 or more of the following substances:

              (i)     waste;

              (ii)     unseasoned wood; and

        (b)     either—

              (i)     does not have an environmental authorisation for burning the substance; or

              (ii)     has an environmental authorisation for burning the substance, but the burning is not in accordance with the authorisation.

Maximum penalty: 10 penalty units.

    (4)     Subsection (3) does not apply—

        (a)     to burning paper or cardboard for the purpose of starting a fire; or

        (b)     to anything done in accordance with a direction under the href="http://www.legislation.act.gov.au/a/2005-18" title="A2005-18">Animal Diseases Act 2005

, section 27 (Destruction of infected animals etc—endemic disease) or section 29 (Destruction of infected animals etc—exotic disease); or

        (c)     in relation to the burning of waste on land in an area that is not in the built-up area by a person who is ordinarily resident on the land if—

              (i)     the waste is waste as a result of the person being the resident of the land; and

              (ii)     the burning happens on that land.

    (5)     An offence against this section is a strict liability offence.