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<p>Under Part III of the Clean Air Act 1993 (CAA), it is an offence to emit smoke
from a chimney of a building in a Smoke Control Area (SCA) unless burning an authorised
fuel or using an exempt appliance. Local authorities are responsible for designation
and enforcement of SCAs.</p><p> </p><p>To obtain exemption, appliances such as wood-burning
stoves must pass smoke emissions tests. Exemptions are granted on conditions such
as requiring users to operate the appliance in accordance with the manufacturers’
instructions and only burn specified fuels. Local authorities can take action in SCAs
where they have identified that a user is not complying with these conditions and
an offence has occurred.</p><p> </p><p>We recognise that enforcement of SCAs can be
challenging. For this reason, we are proposing to amend Part III of the CAA through
the Environment Bill to enable quicker, simpler and more proportionate enforcement
of SCAs. This includes enabling local authorities in England to issue civil financial
penalties for chimney smoke emissions. This will be possible as the regime will shift
from being a criminal to a civil regime. This regime change will also remove the statutory
defences, including the use of an exempt appliance or an authorised fuel, that currently
hinder enforcement. Authorities have no means by which to determine whether the statutory
defences apply as they are unable to enter private premises. These changes should
make it easier for local authorities to tackle misuse of exempt wood-burning stoves.</p>
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