Two new legislation items have been made this month in relation to smoke control areas in Wales.

The Smoke Control Areas (Authorised Fuels) (Wales) Regulations 2019 / Rheoliadau Ardaloedd Rheoli Mwg (Tanwyddau Awdurdodedig) (Cymru) 2019

These Regulations revoke and replace with amendments the Smoke Control Areas (Authorised Fuels) (Wales) Regulations 2017 (S.I. 2017/421 (W. 89)) (“the 2017 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.

The fuels that were listed in the Schedule to the 2017 Regulations immediately prior to the coming into force of these Regulations continue to be authorised fuels, with the exception that changes have been made to the specification of three fuels (ALDI Winter Flame Smokeless Fuel, Brazier briquettes and Multiheat briquettes).

Fourteen additional fuels are authorised for the first time.

The Smoke Control Areas (Exempted Classes of Fireplace) (Wales) Order 2019 / Gorchymyn Ardaloedd Rheoli Mwg (Dosbarthau Esempt ar Leoedd Tân) (Cymru) 2019

This Order revokes and replaces with amendments the Smoke Control Areas (Exempted Classes of Fireplace) (Wales) Order 2017 (S.I. 2017/423) (W. 90).

Section 20 of the Clean Air Act 1993 (“the 1993 Act”) places a general prohibition on the emission of smoke in smoke control areas.

The Welsh Ministers may, by order made under section 21(5) of the 1993 Act, exempt, in relation to Wales, specified classes of fireplace from the provisions of section 20, if they are satisfied that such fireplaces can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke.

Article 2 of this Order exempts the classes of fireplace listed in the first column of the Schedule to this Order from the provisions of section 20 of the 1993 Act, subject to the conditions in the second and third columns of that Schedule in relation to that class of fireplace.