Biofuels Act 2007 (NSW)

Biofuels Act 2007 No 23

An Act to provide for a minimum ethanol and biodiesel content requirement in respect of petrol and diesel fuel sales in the State and to require information to be provided in respect of such sales.

Part 1 Preliminary

1 Name of Act This Act is the Biofuels Act 2007.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— biodiesel means a diesel fuel obtained by esterification of oil derived from plants or animals. biodiesel blend means diesel fuel that contains biodiesel (such as the fuel known as B5). biofuel sustainability standard means a standard, in respect of the sustainable manufacture of ethanol or biodiesel, prescribed by the regulations for the purposes of this definition. Department means the department in which this Act is administered. diesel fuel means a petroleum-based fuel (whether or not containing biodiesel) for internal combustion engines that is sold as diesel fuel or as a biodiesel blend. E10 means petrol-ethanol blend that contains between 9% and 10% ethanol by volume, being ethanol that complies with a biofuel sustainability standard. ethanol means ethanol derived from renewable biological feedstock. exercise a function includes perform a duty. Expert Panel means the Expert Panel established by section 24. fuel wholesaler means a person engaged in a business of selling petrol or diesel fuel for resale (whether or not that business also involves the sale of petrol or diesel fuel by retail). function includes a power, authority or duty. investigator means a person appointed as an investigator under section 18. IPART means the Independent Pricing and Regulatory Tribunal. minimum biofuel requirement means a requirement imposed by section 6, 7 or 8. petrol means a petroleum based fuel (whether or not containing ethanol) for spark-ignition internal combustion engines that is sold as petrol or as petrol-ethanol blend, but does not include diesel fuel, aviation fuel, liquid petroleum gas and such other fuels as may be prescribed by the regulations. petrol-ethanol blend means petrol that contains ethanol (such as the fuel known as E10). primary wholesaler is defined in section 4. regular unleaded petrol means unleaded petrol that has a research octane number of less than 95. relevant period—see subsection (1A). Secretary means the Secretary of the Department. service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol or diesel fuel, whether or not any other fuel or other product is sold there and whether or not the building or place is used for any other purpose. volume fuel retailer is defined in section 4A. volume fuel retailer's service station means— (a) a service station operated by the volume fuel retailer, or (b) a service station the operation of which is controlled by the volume fuel retailer, whether or not the service station is a volume fuel service station. volume fuel service station means a service station at which— (a) 3 or more types of petrol or diesel fuel are available for sale by retail for the fuelling of motor vehicles at the service station (for example, regular unleaded petrol, unleaded petrol that has a research octane number of not less than 95 and diesel fuel), and (b) the total volume of petrol and diesel fuel sold by retail for the fuelling of motor vehicles at the service station (calculated as set out in section 9) exceeds a threshold prescribed by the regulations.