EXPLANATORY STATEMENT

AIR POLLUTION (AMENDMENT) ORDINANCE 1986

No. 12, 1986

The Air Pollution Ordinance 1984 (the principal Ordinance) provides a comprehensive code for the regulation of air pollution in the Australian Capital Territory.

The Air Pollution (Amendment) Ordinance 1986, (the amending Ordinance), amends the principal Ordinance to enable bonfires to be lit in celebration of the Queen’s Birthday and provides a means whereby fires can be lit on other occasions of celebration specified by notice in the Gazette and also allows the lighting of fires by community groups such as Scouts and Guides.

Section 1:  This section cites the short title of the amending Ordinance as the Air Pollution (Amendment) Ordinance 1986.

Section 2:  Sub-section 27(1) of the principal Ordinance prohibits fires lit or maintained in the open air other than fires exempted in sub-section 27(2).  Section 2 of the amending Ordinance exempts from the operation of section 27(1) the following classes of fire:

•	a fire lit to celebrate the Queen’s birthday on the second Monday in June in any year (the Queen’s Birthday public holiday) and the day immediately preceding the Queen’s birthday public holiday;

•	a fire lit for the purposes of a display, ceremony, celebration or other activity on such other day as the Minister specifies by notice in the Gazette; and

•	a fire lit as part of an educational, social or recreational activity carried on elsewhere than on residential premises.