Environmental Protection (Diesel and Petrol) Regulations 1999 (WA)

Western Australia Environmental Protection Act 1986 Environmental Protection (Petrol) Regulations 1999 Reprinted under the Reprints Act 1984 as at 23 November 2012

Western Australia Environmental Protection (Petrol) Regulations 1999 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 3A. Regulations do not apply to some fuel 3 3B. Exemption if state of emergency declared 4 Part 3 — Petrol 9. Methyl tertiary-butyl ether in petrol, limit on 5 10. Reid Vapour Pressure limits for petrol supplied in Perth area in summer until 15 Apr 2016 5 11. Reid Vapour Pressure limits for petrol supplied in Perth area in summer on or after 15 Oct 2016 6 Part 4 — Record keeping and testing requirements 14. Person required by this Part to keep record, duties of 8 16. Fuel suppliers, duties of as to petrol products 8 Part 5 — Miscellaneous 17. Warranty as to supply of fuel, supplier to give in some cases 10 18. Methyl tertiary‑butyl ether in petrol, how measured 10 19. Reid Vapour Pressure, how measured 10 20. Defence to certain charges 11 21. Penalty for offences 11 Schedule 1 — Perth area Notes Compilation table 13 Defined terms Reprinted under the Reprints Act 1984 as at 23 November 2012

Western Australia Environmental Protection Act 1986 Environmental Protection (Petrol) Regulations 1999

Part 1 — Preliminary

1. Citation These regulations may be cited as the Environmental Protection (Petrol) Regulations 1999 1. [Regulation 1 amended: Gazette 9 Oct 2012 p. 4748.]

2. Commencement These regulations come into operation on 1 January 2000.

3. Terms used (1) In these regulations — ASTM followed by a designation refers to the standard test method of that designation, as amended from time to time, published by the standards development organisation known as ASTM International; diesel means any petroleum or shale product that — (a) is used or capable of being used to power an internal combustion engine with compression ignition; and (b) has been entered for home consumption; entered for home consumption, in relation to fuel, means entered for home consumption or delivered for or into home consumption for the purposes of the Customs Act 1901 or Excise Act 1901 of the Commonwealth; fuel means — (a) petrol; or (b) any substance that is used as a substitute for petrol; or (c) any substance that is supplied or represented as petrol or as a substance that is used as a substitute for petrol; fuel distributor has the meaning given by subregulation (5); fuel supplier has the meaning given by subregulation (4); fuel warranty, in relation to any fuel, means a warranty given under regulation 17(1); motorsport organisation includes the following organisations — (a) Confederation of Australian Motor Sport (CAMS); and (b) National Association of Speedway Racing; and (c) Australian National Drag Racing Association; and (d) Motorcycling Australia; Perth area means the area referred to in Schedule 1; petrol means any petroleum or shale product, or petrol blend, that — (a) is used or capable of being used to power an internal combustion engine with positive or spark ignition; and (b) has been entered for home consumption; petrol blend means a product that consists of a petroleum or shale product mixed with ethanol; prescribed blended petrol means petrol that contains at least 4% of ethanol by volume but no more than 10% of ethanol by volume; summer means a period that begins at the start of 15 October in any year and ends at the end of 15 April in the following year; supply includes deliver, give or sell; vehicle means any thing used or capable of being used to transport people or things by land or water. (2) For the purposes of these regulations a person supplies fuel at a place if the person supplies fuel to another person who takes delivery of it at that place. (3) For the purposes of these regulations fuel is used at a place if, in the case of fuel used in a vehicle, the fuel is put in the vehicle's tank at the place, and it does not matter that all of that fuel is not used at the place. (4) For the purposes of these regulations a person is a fuel supplier if the person — (a) enters fuel for home consumption; and (b) either — (i) supplies the fuel to another person; or (ii) uses the fuel for the person's own purposes. (5) For the purposes of these regulations a person is a fuel distributor if the person takes delivery of fuel from a fuel supplier or from another fuel distributor and supplies the fuel to another person for that person's use, and it does not matter that the fuel distributor also uses some of the fuel for the fuel distributor's own purposes. [Regulation 3 amended: Gazette 19 Dec 2000 p. 7285; 9 Oct 2012 p. 4749.]