Environmental Management and Pollution Control (Distributed Atmospheric Emissions) Regulations 2018, 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, taking effect on 31 January 2018. They replaced the Environmental Management and Pollution Control (Distributed Atmosphere Emissions) Regulations 2007.
The regulations are available online at Tasmania's The Law website.
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 Standards AS/NZS 4012:2014 and AS/NZS 4013:2014;
- 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.
This section of the website is currently under review.
Review of previous DAE Regulations 2007
The previous DAE Regulations expired on 15 August 2017.
A Regulatory Impact Statement (RIS) was prepared to assess the impacts of proposed replacement Regulations, which were released for public comment as the draft Environmental Management and Pollution Control (Smoke) Regulations 2017.
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.
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.