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Environmental Management and Pollution Control (Distributed Atmospheric Emissions) Regulations 2007

Overview

***These Regulations are under review. See below for further information***

The Environmental Management and Pollution Control (Distributed Atmospheric Emissions) Regulations 2007, also known as the DAE Regulations, are used to regulate wood heaters and backyard burning in Tasmania.

The heater provisions of the Regulations apply to all heaters that burn solid fuel, except those used in primary and secondary industry. In practice the provisions will be applied mainly to wood heaters as most solid fuel heaters used in Tasmania burn wood.

The DAE Regulations were made under section 102 of the Environmental Management and Pollution Control Act 1994 and came into effect on 15 August 2007.

Legislation Online

The DAE Regulations are available online at Tasmania’s The Law website.

Provisions

Provisions of the DAE Regulations include:

  • a requirement for all solid fuel heaters manufactured, imported for sale or sold in Tasmania (including second-hand heaters) to comply with Australian Standard AS/NZS 4013-1999;
  • a prohibition on modifications to solid fuel heaters that may increase smoke emissions;
  • visible smoke limits for emissions from solid fuel heaters, fireplaces, hot water and cooking appliances and barbecues;
  • a prohibition on backyard burning (either in the open or in incinerators) on allotments of less than 2,000 square metres, with certain exceptions; and
  • types of solid fuel that may be burnt in heaters, etc and the types of fuel or waste that may be burnt in backyard burning.

Supporting Documents

Additional information on the regulations is provided in the following explanatory pamphlets:

  • Improving Air Quality - Manufacture, Import and Sale of Wood Heaters
    Environmental regulations for the manufacture , importation and sale of wood heaters.
  • Improving Air Quality - Wood Heater Emissions
    Environmental regulations on wood heater emissions.
  • Improving Air Quality - Backyard Burning
    Environmental regulations on backyard buring.
  • As a key objective of the Regulations is to improve air quality, a range of supporting information is available on how to reduce air pollution.

    Review

    The current Regulations expire on 15 August 2017, in accordance with the Subordinate Legislation Act 1992.

    A Regulatory Impact Statement (RIS) has been prepared to assess the impacts of proposed replacement Regulations.

    The draft Environmental Management and Pollution Control (Smoke) Regulations 2017 are largely the same as the current regulations. As with their predecessor, the main objective of the new Regulations will be to limit the smoke produced by heaters, fireplaces, outdoor cooking appliances and 'backyard burning' in and around urban areas. It is intended that this will be achieved by maintaining restrictions on the types of wood heater that can be sold, as well as on their operation and smoke emissions. The draft regulations also place limitations on the smoke emissions from other forms of heating and cooking, the conditions under which backyard burning can take place and the types of material that may not be burnt.

    Submissions are invited on any aspect of this Regulatory Impact Statement and accompanying draft Smoke Regulations, and may be emailed to EnvironmentEnquiries@environment.tas.gov.au, or mailed to EMPC (Smoke) Regulations Review, Environmental Policy & Support Services, EPA Tasmania, GPO Box 1751, Hobart, TAS 7001.

    Submissions must be received by 5.00pm, Friday 30 June 2017.

     

    Background

    Regulatory provisions on solid fuel heaters and backyard burning were first included in the Draft Environment Protection Policy (Air Quality) that was released for public comment in 2001. Those provisions were not ultimately included in the Policy and separate regulations were proposed instead.

    A public consultation on draft regulations was conducted in 2006, and a regulatory impact statement was released for comment. A summary of public submissions and the agency’s response was subsequently released in November 2006. The DAE Regulations were made and came into effect in August 2007.

    At the request of the Local Government Association of Tasmania, EPA Tasmania assessed the impact on Councils of implementing the DAE Regulations 12 months after they came into effect. The assessment also considered the extent to which councils apply the Regulations and how they view them. The assessment was completed in December 2010. A report was released that outlined options for the Regulations into the future.

    A review of the Regulations was carried out in 2013. The objectives of the review were to update knowledge on local government regulation of heater and backyard burning matters, and to ensure that the Regulations are legally sound, clear and useful until they are automatically repealed in August 2017 in accordance with the Subordinate Legislation Act 1992.