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Protection of the Environment Operations (Clean Air) Regulation 2010

The Protection of the Environment Operations (Clean Air) Regulation 2010 remakes the Protection of the Environment Operations (Clean Air) Regulation 2002. The Regulation is the core legislative and regulatory instrument for air quality issues in NSW. It comprises regulatory measures for a number of issues: domestic solid fuel heaters, control of burning, motor vehicles and motor vehicle fuels, and emissions from industry.

The 2010 Regulation introduced minor changes that affected only people living in local government areas where councils had elected to introduce or modify controls on open burning. In addition, red tape was reduced for the owners of certain vehicles and providers of fuel blended with ethanol.

Before the making of the Regulation, the Office of Environment and Heritage (OEH) undertook targeted consultations on the proposed changes with relevant stakeholders. A Regulatory Impact Statement for the 2010 Regulation (10504caris.pdf; 695 KB) was also publicly exhibited. Following consultation, minor changes were made to Schedule 8 of the proposed Regulation to reflect changes to controls on open burning as nominated by a small number of councils.

To reflect the updated clause numbers in the 2010 Regulation, the reference table below shows how the clause numbers and Parts of the 2002 Regulation match those in the 2010 Regulation.

Clause comparison table (caregcomparison.pdf; 22 KB)

Woodsmoke

Part 2 of the Regulation deals with the sale of domestic solid fuel heaters and requires the heaters to be certified as complying with emission limits set out in the relevant Australian Standard. It also prohibits tampering with these types of heaters.

Control of burning

Part 3 of the Regulation controls burning in the open, including burning in incinerators. Councils may choose to be listed in Schedule 8 of the Regulation which allows listed councils to apply a level of control that is appropriate to local circumstances. Exemptions are provided for emergency bush fire hazard reduction work and burning that is authorised by a bush fire hazard reduction certificate. The Regulation also:

• allowed the EPA or local councils to grant approvals for burning in the open in certain circumstances
• prohibited the burning of specified articles, including tyres, coated wire, paint and solvent containers and certain treated timbers
• imposed a general duty to prevent or minimise air pollution when burning in the open or in an incinerator.

Motor vehicles and motor vehicle fuels

Part 4 of the Regulation covers motor vehicles and motor vehicle fuels. In particular, the Regulation deals with the following matters:

• the emission of air impurities, including excessive smoke from motor vehicles
• the compulsory fitting and maintenance of anti-pollution devices, and exemptions from these requirements
• the method of transfer of petrol into a vehicle's fuel tank
• the storage of petrol at service stations
• the volatility of petrol.

Industrial emissions

Part 5 of the Regulation deals with the emission of air impurities from activities and plant. In particular, the Regulation:

• set maximum limits on emissions from activities and plant for a number of substances, including oxides of nitrogen, smoke, solid particles, chlorine, dioxins, furans and heavy metals
• imposed operational requirements for certain afterburners, flares, vapour recovery units and other treatment plant.
• dealt with the transport and storage of volatile organic liquids (Part 6)
• restricted the use of high sulfur liquid fuel.