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STATUTORY INSTRUMENTS


2006 No. 2979 (W.270)

CLEAN AIR, WALES

The Smoke Control Areas (Authorised Fuels) (Wales) Regulations 2006

  Made 14 November 2006 
  Coming into force 24 November 2006 

The National Assembly for Wales ("the National Assembly") in exercise of the powers conferred upon the Secretary of State by sections 20(6) and 63(1) of the Clean Air Act 1993[1] and now vested in the National Assembly[2] hereby makes the following Regulations:

Title, commencement and application
     1. —(1) The title of these Regulations is the Smoke Control Areas (Authorised Fuels) (Wales) Regulations 2006 and they come into force on 24 November 2006.

    (2) These Regulations apply in relation to Wales.

Authorised fuels for the purposes of Part III of the Clean Air Act 1993
    
2. Anthracite, semi-anthracite, electricity, gas, low volatile steam coals and the fuels described in Schedule 1 are declared to be authorised fuels for the purposes of Part III of the Clean Air Act 1993.

Revocations and savings
    
3. —(1) The Regulations listed in Schedule 2 are revoked.

    (2) Any fuel manufactured before the coming into force of these Regulations which was an authorised fuel when it was manufactured will continue to be an authorised fuel notwithstanding the revocation of the Regulations listed in Schedule 2.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
3]


D. Elis-Thomas
The Presiding Officer of the National Assembly

14 November 2006



SCHEDULE 1
Regulation 2


AUTHORISED FUELS


     1. Aimcor Excel briquettes, manufactured by Applied Industrial Materials UK Limited at Newfield, County Durham, which—

     2. Aimcor Pureheat briquettes, manufactured by Applied Industrial Materials UK Limited at Immingham, North East Lincolnshire, which—

     3. Ancit briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which—

     4. Black Diamond Gem briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which—

     5. Bord na Móna Firelogs, manufactured by Bord na Móna Fuels Limited, Newbridge, County Kildare, Republic of Ireland, which—

     6. Bord na Móna Firepak briquettes (also marketed as Arigna Special coal briquettes), manufactured by Bord na Móna Fuels Limited, Newbridge, County Kildare, Republic of Ireland, which—

     7. Briteflame briquettes, manufactured by Maxibrite Limited at Mwyndy Industrial Estate, Llantrisant, Rhondda Cynon Taff, which—

     8. Bryant and May Firelogs manufactured by Swedish Match at Kostenetz, Bulgaria, which—

     9. Charglow briquettes, manufactured by Polchar Spolka z organiczona odpowiedzialnoscia, Police, Zachodniopomorskie, Poland, which—

     10. Coalite manufactured by Coalite Products Limited at Bolsover, near Chesterfield, Derbyshire and at Grimethorpe, South Yorkshire using a low temperature carbonisation process.

     11. Coke manufactured by—

     12. Cosycoke (also marketed as Lionheart Crusader or Sunbrite Plus) manufactured by Monckton Coke & Chemical Company Limited at Royston, near Barnsley, South Yorkshire and Aimcor Supercoke (also marketed as Supercoke), manufactured by M & G Fuels Limited at Hartlepool Docks, Hartlepool, which in each case—

     13. Dragonbrite briquettes, manufactured by Tower Colliery Limited at Aberdare, Rhondda Cynon Taff which—

     14. Dragonglow briquettes, manufactured by Tower Colliery Limited at Aberdare, Rhondda Cynon Taf, which—

     15. Duraflame Firelogs, manufactured by Paramelt B.V., Costerstraat 18, PO Box 86, 1700 AB Heerhugowaard, The Netherlands, which—

     16. Ecobrite briquettes, manufactured by Arigna Fuels Limited at Arigna, Carrick-on-Shannon, County Roscommon, Republic of Ireland, which—

     17. Extracite briquettes, manufactured by Sophia-Jacoba Handelsgesellschaft mbH at Hückelhoven, Germany, which—

     18. Fireglo briquettes, manufactured by Les Combustibles de Normandie at Caen, France, and by La Socitété Rouennaise de Défumage at Rouen, France, which—

     19. Homefire briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which—

     20. Homefire ovals, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which—

     21. Homefire Ovals (R), manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which—

     22. Island Lump and Island Nuts, manufactured by Unocal Refinery, California, the United States of America, which—

     23. Jewel briquettes, manufactured by Eldon Colliery Limited at Newfield Works, Bishop Auckland, County Durham, which—

     24. Long Beach Lump nuts (otherwise known as LBL nuts), manufactured by Aimcor Carbon Corporation at Long Beach, California, the United States of America, which—

     25. Maxibrite briquettes, manufactured by Maxibrite Limited at Llantrisant, Rhondda Cynon Taff, which—

     26. Multiheat briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which—

     27. Newflame briquettes, manufactured by Maxibrite Limited at Llantrisant, Rhondda Cynon Taff, which—

     28. Phurnacite briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which—

     29. Safelight Firelogs, manufactured by Advanced Natural Fuels Limited, at Pocklington, East Riding of Yorkshire, which—

     30. Sovereign briquettes, manufactured by Monckton Coke & Chemical Company Limited at Royston, near Barnsley, South Yorkshire which—

     31. Stoveheat Premium briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which—

     32. Supabrite Coke Doubles, manufactured by H. J. Banks and Company Limited at Inkerman Road Depot, Tow Law, County Durham, which—

     33. Supacite briquettes, manufactured by Maxibrite Limited at Llantrisant, Rhondda Cynon Taff, which—

     34. Supertherm briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which—

     35. Supertherm II briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which—

     36. Taybrite briquettes (otherwise known as Surefire briquettes), manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which—

     37. Thermac briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, North East Lincolnshire, which—

     38. ZIP Cracklelog firelogs, ZIP Crackle-log firelogs and ZIP Crackling Log firelogs, manufactured by Allspan B.V., Macroweg 4, 5804 CL Venray, The Netherlands, which—

     39. ZIP Firelogs, manufactured by Allspan B.V., Macroweg 4, 5804 CL Venray, The Netherlands, which—

     40. ZIP Firelogs, manufactured by Woodflame Moerdijk B.V., Apolloweg 4, Harbour No: M189A, 4782 SB Moerdijk, The Netherlands, which—



SCHEDULE 2
Regulation 3(1)


REVOCATIONS


Regulations revoked:—



EXPLANATORY NOTE

(This note is not part of the Regulations)


Section 20 of the Clean Air Act 1993 ("the 1993 Act") provides that where a chimney is either—

then the occupier of the 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.

In Wales, an authorised fuel means a fuel declared to be authorised by Regulations made by the National Assembly for Wales.

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)).

Most of the fuels in these Regulations have previously been authorised fuels. However, the description of Ancit briquettes, Phurnacite briquettes and Taybright briquettes has been revised to reflect changes in their manufacture.

Briteflame briquettes, Duraflame Firelogs, Multiheat briquettes, Stoveheat Premium briquettes, ZIP Cracklelog firelogs, ZIP Crackle-log firelogs, ZIP Crackling Log firelogs, and ZIP Firelogs manufactured by Allspan B.V. and Woodflame Moerdijk B.V. are authorised for use for the first time.

A savings provision (see Regulation 3(2)) ensures that stocks of authorised fuels manufactured before these Regulations came into force will continue to be authorised fuels. Use of such fuels will therefore continue to provide a defence to any allegation of an unlawful emission of smoke contrary to Section 20 of the 1993 Act.


Notes:

[1] 1993 c.11.back

[2] The relevant powers of the Secretary of State were transferred to the National Assembly by Article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back

[3] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11 091438 4


 © Crown copyright 2006

Prepared 27 November 2006


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URL: http://www.bailii.org/wales/legis/num_reg/2006/20062979e.html