Environmental Protection (Air) Policy 2008

1Short title

This environmental protection policy may be cited as the Environmental Protection (Air) Policy 2008 .

2Commencement

This policy commences on 1 January 2009.

3Definitions

The dictionary in schedule 2 defines particular words used in this policy.

4Application of policy

This policy applies to the air environment.

5Purpose of policy

The purpose of this policy is to achieve the object of the Act in relation to the air environment.

Note—

See section 3 of the Act.

6How purpose of policy is achieved

The purpose of this policy is achieved by—

(a)identifying environmental values to be enhanced or protected; and

(b)stating indicators and air quality objectives for enhancing or protecting the environmental values; and

(c)providing a framework for making consistent, equitable and informed decisions about the air environment.

7Environmental values for the air environment

The environmental values to be enhanced or protected under this policy are—

(a)the qualities of the air environment that are conducive to protecting the health and biodiversity of ecosystems; and

(b)the qualities of the air environment that are conducive to human health and wellbeing; and

(c)the qualities of the air environment that are conducive to protecting the aesthetics of the environment, including the appearance of buildings, structures and other property; and

(d)the qualities of the air environment that are conducive to protecting agricultural use of the environment.

8Air quality objectives for indicators

(1)An air quality objective stated in schedule 1, column 3 for an indicator stated in column 1 and for a period stated in column 4, is prescribed for enhancing or protecting the environmental value stated in column 2 of the schedule for the objective.

(2)An air quality objective stated in schedule 1, column 3 must be worked out as an average over the period stated in column 4 for the objective.

(3)Despite subsection (1), an environmental value may be enhanced or protected in an area or place if the amount of an indicator in the air environment in the area or place is more than the amount of the air quality objective stated in schedule 1, column 3 for the indicator for not more than the number of days stated in column 5 of the schedule for the indicator.

(4)It is intended that the air quality objectives be progressively achieved as part of achieving the purpose of this policy over the long term.

(5)This section does not apply to an air emission that may be experienced within a dwelling or workplace if the air emission is released within the dwelling or workplace.

(6)In this section—

workplace see the Work Health and Safety Act 2011 , section 8.

s 8 amd 2011 Act No. 18 s 404 sch 4 pt 1

9Management hierarchy for air emissions

(1)This section states the management hierarchy for an activity involving air emissions.

Note—

See section 51 of the Environmental Protection Regulation 2008 .

(2)To the extent that it is reasonable to do so, air emissions must be dealt with in the following order of preference—

(a)firstly—avoid;

Example for paragraph (a)—

using technology that avoids air emissions

(b)secondly—recycle;

Example for paragraph (b)——

re-using air emissions in another industrial process

(c)thirdly—minimise;

Example for paragraph (c)—

treating air emissions before disposal

(d)fourthly—manage.

Example for paragraph (d)—

locating a thing that releases air emissions in a suitable area to minimise the impact of the air emissions

10Repeal

The Environmental Protection (Air) Policy 1997, SL No. 468 is repealed.

section 8

amd 2012 SL No. 196 s 3

section 3

air emission means a substance released into the air.

air environment means the part of the environment of an area or place characterised by the air emissions that may be experienced there.

air quality objective, for an area or place, means—

(a)for an air quality objective for an indicator that is the amount of the visibility in the air environment—the minimum amount of visibility that should be in the air environment of the area or place despite the presence of the indicator; or

(b)otherwise—the maximum level that an indicator should be in the air environment of the area or place.

dwelling means a part of a building used or capable of being used as a residence.

equivalent aerodynamic diameter, in relation to a particle (a measured particle), means a length equivalent to the diameter of a spherical particle with a density of 1g/cm³ that has the same settling velocity as the measured particle.

health and biodiversity of ecosystems means the environmental value mentioned in section 7 (a).

health and wellbeing means the environmental value mentioned in section 7 (b).

indicator means a contaminant that may be present in the air environment.

PM_2.5 means particles in the air environment with an equivalent aerodynamic diameter of not more than 2.5 microns.

PM₁₀ means particles in the air environment with an equivalent aerodynamic diameter of not more than 10 microns.

ppb means parts for each billion.

ppm means parts for each million.

ppm-hr, for an indicator, means the average concentration of the indicator measured in parts for each million, multiplied by the length of time in hours to which the average applies.

protected area see the Nature Conservation Act 1992 , section 14.

protecting agriculture means the environmental value mentioned in section 7 (d).

protecting aesthetic environment means the environmental value mentioned in section 7 (c).

total suspended particles means particles in the air environment with an equivalent aerodynamic diameter of not more than 50 microns.