(This note is not part of the Regulations)
These Regulations revoke and replace with amendments the Smoke Control Areas (Authorised Fuels) (Wales) Regulations 2016 (S.I. 2016/812 (W. 202)) (“the 2016 Regulations”).
Section 20 of the Clean Air Act 1993 Act (“the 1993 Act”) provides that it is an offence to emit smoke from a chimney of a building or a chimney serving a furnace of a fixed boiler or an industrial plant, if that chimney is within a smoke control area. However, by virtue of section 20(3), it is a defence to prove that the alleged emission was caused solely by the use of an authorised fuel.
By virtue of section 20(6), “authorised fuel” means a fuel declared by regulations to be an authorised fuel. The power to make such regulations is exercisable in relation to Wales by the Welsh Ministers.
These Regulations specify all fuels which are currently authorised for use in smoke control areas in Wales for the purposes of section 20 of the 1993 Act.
All the fuels that were listed in the Schedule to the 2016 Regulations immediately prior to the coming into force of these Regulations continue to be authorised fuels, with the exception that a change is made to the specification of one fuel (ALDI Winter Flame Smokeless Fuel).
Eleven additional fuels are authorised for the first time (three types of Big K Fire Log, two types of Gardeco Fire Log, two types of Homefire Fire Log, Hot Rocks, two types of La Hacienda Fire Log and Red Drops).
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. It was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.