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Section 20 of the Clean Air Act 1993 ("the 1993 Act") provides that where a chimney is either-
(a) a chimney of a building; or
(b) a chimney serving the furnace of a fixed boiler or industrial plant,
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.
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