Environment Protection (Domestic Solid Fuel Burning Appliances) Regulations 1993

Environment Protection (Domestic Solid Fuel Burning Appliances) Regulations 1993

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following regulations under the Environment Protection Act 1973 .

P. H. BENNETT

Governor

By His Excellency's Command,

T. JOHN CLEARY

Minister for Environment and Land Management

1.   Short title

These regulations may be cited as the Environment Protection (Domestic Solid Fuel Burning Appliances) Regulations 1993 .

2.   Commencement

These regulations take effect on 1 July 1993.

3.   Interpretation

In these regulations, unless the contrary intention appears –

Act means the Environment Protection Act 1973 ;

[Regulation 3 Amended by S.R. 1994, No. 217, Applied:28 Dec 1994]

[Regulation 3 Amended by S.R. 1994, No. 217, Applied:28 Dec 1994] appliance means –

(a) any solid fuel burning appliance for domestic use; and

(b) the fire-box of that appliance;

accredited testing laboratory means a laboratory accredited by the National Association of Testing Authorities as being capable of conducting a test in accordance with the test method;

catalytic combustor means a device installed in the gas stream of a domestic heater to permit the gas to ignite at a lower temperature;

central heating appliance has the meaning assigned to that expression by the test method;

certificate of compliance means a certificate of compliance issued under regulation 7 ;

certificate of exemption means a certificate of exemption issued under regulation 14 ;

cooking stove appliance has the meaning assigned to that expression by the test method;

emission standard means a rate of emission which satisfies the requirements referred to in regulation 4 ;

exemption criteria means the exemption criteria specified in regulation 14(2) ;

manufacturer includes the importer of an appliance;

model line means a line of appliances of a particular type made by the same manufacturer that are similar in major aspects of their design;

oven dry fuel mass means the oven dry fuel mass calculated in accordance with regulation 4(4) ;

particulate emission factor means the particulate emission factor calculated in accordance with regulation 4(3) ;

sell includes –

(a) offer or expose for sale; and

(b) keep or have in possession for sale; and

(c) barter or exchange; and

(d) agree to sell; and

(e) send, forward or deliver for sale;

[Regulation 3 Amended by S.R. 1994, No. 217, Applied:28 Dec 1994] test method means a test specified in any of the following Australia Standards:

(a) "Domestic Solid Fuel Burning Appliances–Method for determination of flue gas emissions", AS 4013–1992;

(b) "Domestic Solid Fuel Burning Appliances–Method for determination of power output and efficiency", AS 4012–1992;

(c) "Domestic Solid Fuel Burning Appliances–Test Fuels, Part 1: Hardwood", AS 4014.1–1992;

(d) "Domestic Solid Fuel Burning Appliances–Test Fuels, Part 2: Softwood", AS 4014.2–1992;

(e) "Domestic Solid Fuel Burning Appliances–Test Fuels, Part 3: Lignite briquettes", AS 4014.3–1992;

(f) "Domestic Solid Fuel Burning Appliances–Test Fuels, Part 4: Sub-bituminous coal", AS 4014.4–1992;

total smoke capture means the capture of all the smoke emitted from an appliance by the dilution tunnel method described in the test method;

volumetric flow rate means the volume of gas measured in cubic metres per second flowing through a system during a test conducted in accordance with the test method.

4.   Emission standard

(1)  A person must not manufacture or import for sale any appliance unless that appliance has an average particulate emission factor which is –

(a) not greater than 5.5 grams for each kilogram of oven dry fuel mass if the appliance does not have a catalytic combustor; and

(b) not greater than 3.0 grams for each kilogram of oven dry fuel mass if the appliance has a catalytic combustor.

Penalty:  Fine not exceeding 50 penalty units.

(2)  This regulation does not apply to the following:

(a) any appliance built on site which forms part of a dwelling and is used as an open fire place;

(b) any central heating appliance;

(c) any cooking stove appliance;

(d) any appliance used solely for heating water;

(e) any appliance used solely for distributing heat through ducts.

(3)  A particulate emission factor is calculated by dividing the weight in grams of the total emission from the flute of an appliance during a specific burn cycle by the mass in kilograms of dry fuel used in the burn cycle.

(4)  Oven dry fuel mass is calculated by subtracting the mass of free moisture from the total mass of the test fuel, in accordance with the test method.

5.   Appliance not to be sold without certificate of compliance

(1)  A person must not sell an appliance unless that person has a certificate of compliance with respect to the model line from which the appliance is taken.

Penalty:  Fine not exceeding 50 penalty units.

(2)  This regulation does not apply to –

(a) the appliances specified in regulation 4(2) ; or

(b) an appliance in respect of which a certificate of exemption is issued.

6.   Application for certificate of compliance

(1)  Subject to subregulation (2) , a manufacturer may apply to the Director for a certificate of compliance certifying that an appliance from a particular model line satisfies the matters specified in regulation 7(2) .

(2)  A manufacturer may only apply for a certificate of compliance in relation to a model line if an appliance from the model line has been tested by an accredited testing laboratory in accordance with the test method.

(3)  An application for a certificate of compliance is to contain the following:

(a) the name and address of the accredited testing laboratory;

(b) the name and qualifications of the person in charge of the test;

(c) details of the relevant emission standard;

(d) a statement from a person qualified to make such a statement that –

(i) the appliance satisfies the relevant emission standard; and

(ii) he or she has retained the documentation prescribed in the test method;

(e) evidence that the appliance is labelled as prescribed in the test method;

(f) a copy of the full test report.

7.   Certificate of compliance

(1)  On receipt of an application under regulation 6 , the Director may –

(a) grant the application; or

(b) refuse to grant the application.

(2)  The Director may only grant an application for a certificate of compliance in relation to a model line if satisfied that –

(a) an appliance from the model line has been tested by an accredited testing laboratory in accordance with the test method; and

(b) the appliance from the model line satisfies the relevant emission standard; and

(c) the structural components of an appliance from the model line are not likely to cause the appliance to exceed the emission standard.

(3)  If the Director grants an application, the Director is to issue to the manufacturer a certificate of compliance certifying that the model line satisfies the matters referred to in subregulation (2) .

(4)  If the Director refuses to grant the application, the Director is by notice in writing to notify the manufacturer of the reasons for refusing the application.

8.   Issue of new certificate

(1)  If the design of an appliance in a model line in relation to which a certificate of compliance or a certificate of exemption has been issued is changed, the manufacturer of the appliance must apply for a new certificate of compliance or certificate of exemption in relation to that model line.

Penalty:  Fine not exceeding 50 penalty units.

(2)  If a manufacturer applies for a new certificate of compliance or exemption under subregulation (1) , it is not necessary to retest the appliance if –

(a) in the opinion of a person qualified to make such a judgment, the change in design would not affect the test result; and

(b) written advice of that opinion is provided to the Director in accordance with the retesting exemption set out in the test method.

9.   Period of certificate

A certificate of compliance has effect for 5 years from the date on which it is issued unless it is sooner revoked by the Director under regulation 10 or 12 .

10.   Revocation of certificate

(1)  The Director may revoke a certificate of compliance in relation to a model line if satisfied that –

(a) the results of a retest of an appliance from the model line or of the test of another appliance from the model line indicate that the model line does not satisfy the emission standard; or

(b) the initial test was invalid; or

(c) the labelling of an appliance from the model line does not comply with the test method; or

(d) the model line has been withdrawn from sale.

(2)  If the Director revokes a certificate of compliance, the Director is to give the manufacturer notice in writing of the reasons for the revocation as soon as practicable.

(3)  A revocation is not effective until 60 days after the day on which the manufacturer receives the notice referred to in subregulation (2) .

(4)  The Director may withdraw a revocation on receipt of –

(a) the results of further testing of an appliance from the model line which indicate that the model line satisfies the emission standard, and a statement from the manufacturer, verified by the person in charge of the test, setting out details of the modifications made to the appliance tested; or

(b) a statement from the person in charge of the test detailing the reasons why the original test was invalid; or

(c) a statement from the manufacturer that the label of an appliance from the model line has been amended to comply with the test method, and a sample of the amended label.

11.   Catalytic combustor

(1)  The manufacturer of an appliance with a catalytic combustor must –

(a) provide a warranty for the combustor –

(i) against manufacturing defects for 2 years; and

(ii) against disintegration for 3 years; and

(b) provide instructions in the owner's manual on how to inspect and replace the catalyst.

Penalty:  Fine not exceeding 50 penalty units.

(2)  An appliance with a catalytic combustor is to have –

(a) permanent provision to accommodate a commercially available temperature sensor within the combustor or within 25 millimetres of the combustor surface; and

(b) means to allow access to the catalyst for inspection or replacement.

12.   Quality assurance

(1)  The manufacturer of a model line in relation to which a certificate of compliance has been issued must –

(a) arrange for the testing by an accredited testing laboratory of any appliance chosen at random by the Director from within the model line; and

(b) if the manufacturer uses a quality assurance program, supply to the Director –

(i) details of that program; and

(ii) a written statement that the model line satisfies the requirements of that program; and

(c) supply a written statement to the Director that, in the 12 months since the certificate was issued, the design of appliances in the model line has not altered.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The manufacturer must provide the Director with the results of a test conducted under subregulation (1)(a) within 14 days of the completion of the test.

Penalty:  Fine not exceeding 50 penalty units.

(3)  The cost of a test conducted under subregulation (1)(a) is to be borne by the manufacturer of the model line.

(4)  If an appliance tested under subregulation (1)(a) exceeds the emission standard, the Director may revoke the certificate of compliance in relation to the model line from which the appliance was taken.

(5)  A revocation remains in force until the model line has been altered to comply with the emission standard.

13.   Application for exemption

(1)  Subject to subregulation (2) , a manufacturer may apply to the Director for an exemption in relation to a particular model line exempting the model line from compliance with the emission standard if an appliance from the model line has –

(a) a maximum carbon dioxide output from the combustion chamber of less than 5% of the volume of the appliance; or

(b) a volumetric flow rate through the combustion chamber which is too high for the total smoke capture.

(2)  A manufacturer may only apply for an exemption in relation to a model line if an appliance from the model line has been tested by an accredited testing laboratory in accordance with the test method.

(3)  An application for an exemption is to contain the following:

(a) the name and address of the accredited testing laboratory;

(b) the name and qualifications of the person in charge of the test;

(c) details of the fire box volume;

(d) details of the test fuel;

(e) details of the basis for the exemption;

(f) a statement from the person in charge of the test that –

(i) the appliance satisfies the matters set out in regulation 14(2) ; and

(ii) he or she has retained the documents prescribed in the test method;

(g) the results of the test;

(h) if the appliance from the model line in relation to which the application is made is fitted with a catalytic combustor, details of how to replace the catalyst.

14.   Certificate of exemption

(1)  On receipt of an application under regulation 13 , the Director may –

(a) grant the application; or

(b) refuse to grant the application.

(2)  The Director may only grant an application for a certificate of exemption in relation to a model line if satisfied that an appliance from the model line has –

(a) a maximum carbon dioxide output of less than 5% of the volume of the appliance; or

(b) [Regulation 14 Subregulation (2) amended by S.R. 1994, No. 217, Applied:28 Dec 1994] a volumetric flow rate through the combustion chamber which is too high for total smoke capture.

(3)  If the Director grants an application, the Director is to issue a certificate of exemption exempting the model line specified in the certificate from compliance with the emission standard.

(4)  If the Director refuses to grant the application, the Director is by notice in writing to notify the manufacturer of the reasons for refusing the application.

(5)  [Regulation 14 Subregulation (5) inserted by S.R. 1994, No. 217, Applied:28 Dec 1994] The Director may revoke a certificate of exemption.

15.   Appeals

(1)  A person may appeal to the appeal board against the refusal of the Director to grant an application for the issue of –

(a) a certificate of compliance; or

(b) a certificate of exemption.

(2)  An appeal is to be made within 60 days after the person has received a notice referred to in regulation 7(4) or 14(4) .

16.   Orders on appeals

On the hearing of an appeal, the appeal board may –

(a) dismiss the appeal; or

(b) direct the Director to grant the application.

17.   False or misleading statements

A person must not, in giving any information under these regulations –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter from a statement knowing that without that matter the statement is misleading.

Penalty:  Fine not exceeding 50 penalty units.

18.   Application of regulations

[Regulation 18 Substituted by S.R. 1994, No. 217, Applied:28 Dec 1994]

(1)  These regulations apply only to an appliance manufactured after 1 July 1993.

(2)  In subregulation (1) , "manufactured" does not include refurbished.

19.   Infringement notices

[Regulation 19 Inserted by S.R. 1996, No. 77, Applied:05 Jun 1996] If a person accepts an infringement notice under the Environmental Management and Pollution Control Act 1994 in relation to an offence against these regulations, the penalty for that offence is as set out in the Environmental Management and Pollution Control (Infringement Notices) Regulations 1996 .

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 30 June 1993

These regulations are administered in the Department of Environment and Land Management.