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Environmental Management and Pollution Control (Smoke) Regulations

Overview

The Environmental Management and Pollution Control (Smoke) Regulations 2019, usually referred to as the Smoke Regulations, are used by local government to regulate 'domestic' wood smoke in Tasmania.

The Smoke Regulations took effect on 26 June 2019, replacing the Distributed Atmospheric Emissions Regulations 2018.

Legislation Online

The Environmental Management and Pollution Control (Smoke) Regulations 2019​ are available online at the Tasmanian Legislation website.

Background

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

This led to the creation of the Environmental Management and Pollution Control (Distributed Atmospheric Emissions) Regulations 2007, or DAE Regulations, which took effect in August of that year.

  DAE Regulations 2007   (382Kb)

In late 2015, EPA Tasmania started discussions with local government on a replacement for the DAE Regulations, which were due to expire in August 2017.

Draft Smoke Regulations and a Regulatory Impact Statement were subsequently prepared and released for public comment in May 2017.

  Smoke Regulations Regulatory Impact Statement May 2017   (988Kb)​


After reviewing the submissions, the Tasmanian Government made a decision to remake the DAE Regulations for a period of 12 months, with no substantive change other than updating references to the most recent (2014) Australian Standards for wood heater emissions and efficiency. The DAE Regulations 2018 took effect on 31 January 2018 and expired at the end of January 2019.

  DAE Regulations 2018   (275Kb)

In mid-2018 those who had made a submission on the Draft Smoke Regulations were invited to make a submission on a new draft on the Smoke Regulations.

  Smoke Regulations 2018 Consultation Draft   (303Kb)

 Compilation of Submissions on the Draft Smoke Regulations 2018   (3Mb)

The DAE Regulations 2018 were replaced with the Smoke Regulations 2019, which took effect on 26 June 2019 and will have a 10-year 'life' unless amended or revoked.

Environmental Policy and Support Services Section
EPA Tasmania, DPIPWE
134 Macquarie Street
Hobart TAS 7000
Phone: 03 6165 4599
Email: Enquiries@epa.tas.gov.au