Protection of the Environment Operations (Clean Air) Regulation 2010

Date: 31-Aug-10
Author: NSW Legislation

Protection of the Environment Operations (Clean Air) Regulation 2010

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Protection of the Environment Operations Act 1997.

FRANK SARTOR, MP
Minister for Climate Change and the Environment

Explanatory note

The object of this Regulation is to remake, with some amendments, the Protection of the Environment Operations (Clean Air) Regulation 2002 which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989.

The Regulation revises the local government areas in which the control of burning provisions apply, provides for an automatic exemption from the requirement to fit certain anti-pollution devices to certain table-top trucks used on farms (an application for exemption is currently required), revises the percentage ethanol content for petrol to be considered prescribed blended petrol and makes other minor amendments.

This Regulation makes provision with respect to the following:

(a)  domestic solid fuel heaters,

(b)  the control of burning,

(c)  emissions from motor vehicles and motor vehicle fuels,

(d)  emissions from activities and plant,

(e)  the control of volatile organic liquids,

(f)  limits on the sulphur content of liquid fuel,

(g)  the offences under this Regulation that may be dealt with by way of a penalty notice,

(h)  savings and formal matters.

This Regulation is made under the Protection of the Environment Operations Act 1997, including sections 128 (1), 154 (1) (definition of prescribed anti-pollution device) and (2), 159, 161 (5) and (7), 222 and 323 (the general regulation-making power) and Schedule 2.