40. — (1) Without prejudice to the provisions of section 39 (3), a special control area order may make provision for the following:

(a) prohibit, subject to such exceptions or limitations as may be specified, the emission of a specified pollutant from specified classes or descriptions of premises;

(b) prohibit, subject to such exceptions or limitations as may be specified, the burning other than in an authorised fireplace of any fuel other than an authorised fuel;

(c) prohibit, subject to such limitations and exceptions as may be specified, the burning of straw, waste or any other substance;

(d) make, having regard to all the circumstances, different provisions for different parts of the area to which the order relates and for different premises or classes of premises;

(e) exempt, with or without conditions, such premises or classes of premises as may be specified from all or any of the requirements of the order;

(f) exempt, with or without conditions, such fireplaces or such classes of fireplaces as may be specified from all or any of the requirements of the order;

(g) specify the types or qualities of fuels to be, or not to be, burnt in such fireplaces or such classes of fireplaces as may be specified;

(h) specify the conditions subject to which, or the purposes for which, specified fuels or classes of fuels may be burnt in the special control area;

(i) prohibit or limit the carrying on of such operations or processes as may be specified in the special control area or specify the conditions under which such operations or processes may be carried on;

(j) prohibit or restrict the sale or delivery in a special control area of specified fuels or classes of fuels.

(2) The Minister may, by regulations, declare that any particular class of fireplace shall, subject to such conditions as may be specified in the regulations, be an authorised fireplace for the purposes of a special control area order.

(3) The Minister may, by regulations, declare that any particular type of fuel shall be an authorised fuel for the purposes of a special control area order.

(4) Any person who contravenes any provision of a special control area order which is in operation shall be guilty of an offence.

(5) In any proceedings relating to the contravention of a special control area order and involving the emission of a pollutant, it shall be a good defence to establish that—

(a) the emission of the pollutant was not caused by the use of a fuel other than an authorised fuel;

(b) the emission of the pollutant was caused by the burning of a fuel other than an authorised fuel in an authorised fireplace in accordance with the conditions (if any) subject to which the fireplace was declared to be an authorised fireplace.