(1) No person may allow the discharge of gas to air from a landfill.
(2) Subclause (1) does not apply if the landfill has a system for the collection of gas from the landfill—
(a) that is designed and operated to ensure that any discharge of gas from the surface of the landfill does not exceed 5 000 parts of methane per million parts of air; and
(b) in which the gas is—
(i) flared in accordance with regulation 27; or
(ii) used as a fuel or for generating electricity.