New regulations have been published governing the use of authorised fuels and exempted fireplaces in Wales. The Smoke Control Areas (Authorised Fuels) (Wales) Regulations 2006 (Welsh Statutory Instrument 2006 No. 2979 (W.270)) and the Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2006 (Welsh Statutory Instrument 2006 No. 2980 (W.271)) entered into force on 24th November.

Section 20 of the Clean Air Act 1993 (”the 1993 Act”) places a general prohibition on the emission of smoke in smoke control areas.

Under Section 20 of the Clean Air Act 1993, the occupier of a building or (as the case may be) the person having possession of the boiler or plant is guilty of an offence if the chimney is in a smoke control area and emits smoke. However, it is a defence to prove that the alleged emission was caused solely by the use of an authorised fuel.

These regulations specify all fuels which are currently authorised for use in Wales for the purposes of Section 20 of the 1993 Act. They consolidate and replace the Smoke Control Areas (Authorised Fuels) (Wales) Regulations 2001 (SI 2001/3762 (W.311)), Smoke Control Areas (Authorised Fuels) (Amendment) (Wales) Regulations 2001 (SI 2001/3996 (W.327)) and Smoke Control Areas (Authorised Fuels) (Amendment) (Wales) Regulations 2002 (SI 2002/3160) (W.295)).

The National Assembly for Wales may, by order made under section 21 of the 1993 Act, exempt specified classes of fireplace from the provisions of section 20, if it is satisfied that they can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke. This Order applies to Wales only. Article 2 of the Order exempts the classes of fireplace listed in the first column of the Schedule to the Order from the provisions of section 20 of the 1993 Act.

The full text of the Regulations and Order can be accessed from the OPSI website at:
http://www.opsi.gov.uk/legislation/wales/wsi2006/20062979e.htm
http://www.opsi.gov.uk/legislation/wales/wsi2006/20062980e.htm

Source: www.opsi.gov.uk (accessed 04/12/06)

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