Biofuels Regulation 2022 (2022-462) (NSW)

Biofuels Regulation 2022

Part 1 Preliminary

1 Name of Regulation This Regulation is the Biofuels Regulation 2022.

2 Commencement This Regulation commences on the day on which it is published on the NSW legislation website.

Note— This Regulation repeals and replaces the Biofuels Regulation (No 2) 2016, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

3 Definition In this Regulation— the Act means the Biofuels Act 2007.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

4 Definition of "biofuel sustainability standard"—the Act, s 3 For the Act, section 3(1), definition of biofuel sustainability standard, the following standards are prescribed— (a) RSB Principles & Criteria, published by the Roundtable on Sustainable Biomaterials, as in force from time to time, (b) ISO 13065, Sustainability criteria for bioenergy, as in force from time to time.

5 Definition of "volume fuel service station"—the Act, s 3 For the Act, section 3(1), definition of volume fuel service station, paragraph (b), the prescribed threshold for the last 2 immediately preceding relevant periods is 1,800,000L in each period.

6 Definition of "relevant period"—the Act, s 3 For the Act, section 3(1A), each 6-month period starting at the beginning of January and July in each year is a relevant period.

7 Definition of "primary wholesaler"—the Act, s 4 For the Act, section 4(4), the following persons are excluded from the definition of primary wholesaler— (a) Mobil Oil Australia Pty Ltd (ACN 004 052 984), (b) Viva Energy Australia Pty Ltd (ACN 004 610 459), (c) Freedom Fuels Australia Pty Ltd (ACN 093 244 761).