MCU14/0028 Appendix 2 EnvProtAct 1994

                                                  Environmental Protection Act 1994
                                          Chapter 8 General environmental offences
                                        Part 3E Offences relating to air contamination

                                                                            [s 440ZL]

        (3)   A person must not use, or transfer to another person, certified
              equipment if the person knows—
              (a)    a plate attached to the equipment under the prescribed
                     standard has been defaced or removed, or the
                     information on the plate has been altered; or
              (b)    there has been a material modification or alteration of—
                     (i)   the structure, exhaust system or inlet air system of
                           the equipment; or
                     (ii) a part of the equipment that is involved in the
                          combustion process.
        (4)   However, subsection (3)(b) does not apply to modified or
              altered equipment—
              (a)    issued with a certificate of compliance by an accredited
                     entity; or
              (b)    subject to a retesting exemption under the prescribed
                     standard; or
              (c)    if the specifications of the replacement components are
                     equivalent or superior to those used in the equipment for
                     which a certificate of compliance issued by an
                     accredited entity applies.
        (5)   A person who contravenes this section commits an offence.
              Maximum penalty—
              (a)    if the contravention is done wilfully—835 penalty units;
                     or
              (b)    otherwise—300 penalty units.
        (6)   The chief executive may, by gazette notice, declare an entity
              to be an accredited entity for this section if the chief executive
              is satisfied the entity is—
              (a)    a recognised service provider in the industry for solid
                     fuel-burning equipment; and
              (b)    not a manufacturer or importer of solid fuel-burning
                     equipment.
Current as at 20 February 2014                                              Page 373