Environmental Protection and Management Act 1999 · 2020 Revised Edition · Part 4 · Air Pollution Control
14. Power to prohibit use of combustible materials, fuel burning equipment or industrial plants in designated areas
Feedback & supportThe Agency may, with the approval of the Minister, by order in the Gazette —
Agency
“Agency” means the National Environment Agency established under the National Environment Agency Act 2002;
prohibit or restrict the use of any or any class of combustible material, fuel burning equipment or industrial plant as may be specified in the order; or
prohibit or restrict the burning of any or any class of material as may be specified in the order,within such area or premises as may be designated and at such times as may be specified in the order.
Any occupier or owner of any premises or any other person who contravenes an order made under subsection (1) shall be guilty of an offence.
premises
“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained under statutory authority or not;
If, in any proceedings for a contravention or non‑compliance of an order made under subsection (1), it is shown that any combustible material, fuel burning equipment or industrial plant was found or that the burning of any material was carried out in or on any premises, it is presumed, until the contrary is proved, that —
fuel burning equipment
“fuel burning equipment” means any furnace, boiler, fire place, oven, retort, incinerator, internal combustion engine, vessel or chimney, or any other apparatus, device, mechanism or structure used or to be used in connection with the burning of any combustible material in, or in relation to, any industrial plant;
the combustible material, fuel burning equipment or industrial plant was used; or
the burning of any material was carried out,by the occupier of the premises, other than a principal contractor to which section 35 applies.