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BIOFUELS EXEMPTIONS FRAMEWORK AND GUIDELINES 1. …€¦ · retailers must meet the requirements...
Transcript of BIOFUELS EXEMPTIONS FRAMEWORK AND GUIDELINES 1. …€¦ · retailers must meet the requirements...
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BIOFUELS EXEMPTIONS FRAMEWORK AND GUIDELINES
1. BACKGROUND
1.1 PURPOSE
These Guidelines are intended to provide information about the exemptions framework that
applies under the Biofuels Act 2007 and about how the Expert Panel and the Secretary of the
Department of Finance, Services and Innovation may apply the exemption provisions in the
Biofuels Act and in the Biofuels Regulation (No 2) 2016.
The Guidelines do not limit nor expand the range of circumstances that may justify the grant of
an exemption. The Guidelines provide information about the approach that will generally be taken
to exemption applications, but each exemption application will be considered in relation to its own
facts and circumstances.
1.2 WHAT ARE THE BIOFUELS LAWS?
On 1 January 2017 new biofuels laws commenced in New South Wales.
All volume fuel retailers are now required to comply with the new laws, unless they hold an
exemption or have applied for an exemption.
1.2.1 The biofuels requirements
The amended Biofuels Act and the Biofuels Regulation (No 2) 2016 state that volume fuel
retailers must meet the requirements set out below:
• ensure that a petrol-ethanol blend is made available at each of the volume fuel retailer’s
volume fuel service stations (section 8 of the Act)
• ensure that, at each of a volume fuel retailer’s volume fuel service stations, petrol-ethanol
blend is made as accessible to the customer as any other type of petrol (clause 8 of the
Regulation)
• ensure that, at a minimum, six per cent of the total volume of petrol they sell is ethanol (in
petrol-ethanol blend) (section 6 of the Act)
• ensure that, at a minimum, two per cent of the volume of all diesel sold is biodiesel1
(section 7 of the Act)
Those four requirements are referred to in this document as the minimum biofuels requirements
or the biofuels mandate.
The requirement to make petrol-ethanol blend as accessible as any other type of petrol will be
taken to mean that, at all volume fuel service stations operated by a volume fuel retailer, petrol-
ethanol blend is made at least as accessible to retail customers as regular unleaded (91) petrol.
1 Only ethanol or biodiesel that complies with one of the sustainability standards prescribed in clause 5 of the Biofuels
Regulation (No. 2) 2016 can be counted towards the percentage of ethanol or biodiesel sold.
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This will be determined on an objective basis by comparing the numbers of nozzles of petrol-
ethanol blend and regular unleaded petrol, respectively.
If the volume fuel service station does not offer regular unleaded petrol for retail sale, the
availability of a petrol-ethanol blend (that is, at least one nozzle) will be considered sufficient to
establish compliance.
A volume fuel retailer is:
• a person who operates or controls the operation of a volume fuel service station, or
• a person who operates or controls the operation of 20 or more service stations, where none
of those are volume fuel service stations.
A volume fuel service station is a service station at which:
• three or more types of petrol or diesel are sold and
• the total volume of petrol and diesel (combined) sold at the service station exceeds
900,000 litres per quarter in two consecutive quarters.
1.2.2 Reporting requirements
The Biofuels Act also requires any person who carries on the business of a primary wholesaler or
who operates or controls the operation of a service station to register as a primary wholesaler, a
volume fuel retailer or an operator of a service station.
Volume fuel retailers and primary wholesalers are also required to provide a return to the
Secretary within one month after the end of each quarter. The Secretary may also require service
station operators who are not volume fuel retailers to provide a return.
Returns must provide the following information about the sales of petrol and diesel during the
preceding quarter:
• the total volume of petrol sold (including petrol-ethanol blend)
• the total volume of ethanol sold
• the total volume of diesel fuel sold (including biodiesel blend)
• the total volume of biodiesel sold
• for a volume fuel retailer, the number of the retailer’s service stations at which petrol-
ethanol blend is available, how many of those service stations are volume fuel service
stations and how many bowsers and nozzles are available for delivery of petrol-ethanol
blend at each of those service stations
• for a volume fuel retailer, the number of the retailer’s service stations at which regular
unleaded petrol is available, how many of those service stations are volume fuel service
stations and how many bowsers and nozzles are available for the delivery of regular
unleaded petrol at each of those service stations.
The Biofuels Act also requires a person required to provide the above information to keep such
records as will enable them to provide the information, and to keep these in accordance with the
regulations for seven years.
The exemptions regime does not apply to the obligations to provide the above information and
keep appropriate records.
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2. COMPLIANCE WITH THE BIOFUELS REQUIREMENTS
If a volume fuel retailer does not comply with the requirement to offer a petrol-ethanol blend at
every volume fuel service station, or the requirement to make the petrol-ethanol blend as
accessible as regular unleaded, or a requirement to sell the required percentage of ethanol or
biodiesel, the retailer must either:
1. establish a defence set out in section 9A(2) of the Act, or
2. hold an exemption from one or more of the requirements.
2.1 Defences to prosecution for failure to comply
Section 9A(2) of the Biofuels Act and clause 9(3) of the Biofuels Regulation provide that it is a
defence to a prosecution for failure to comply with a biofuels requirement if the retailer proves
that:
1. the retailer has taken the steps set out in the regulations to comply, or
2. the retailer has otherwise taken all reasonable steps to comply, or
3. in the case of offering a petrol-ethanol blend and making it as accessible as regular
unleaded petrol (section 8 of Act and clause 8 of Regulation), because:
a. the retailer, despite their best efforts, has not been able to secure finance to install
or upgrade infrastructure at the service station as necessary to comply,
b. the capital costs of installing or upgrading infrastructure at the service station, or, if
the service station is in a remote or regional area, the recurrent costs transporting
petrol-ethanol blend to the service station (or a combination of those costs) were
such that it was not economically viable to offer petrol-ethanol blend, taking into
account the price that would have to be charged to cover the costs, or
4. in the case of the requirement to sell a minimum of six per cent ethanol or offer a petrol-
ethanol blend, at the time of the alleged offence it was not economically viable for the
retailer to comply:
a. because the wholesale price of ethanol for use in the production of petrol-ethanol
blend exceeded the reasonable wholesale price determined by IPART under
section 17A(1)(a), or
b. because of the price at which the retailer was reasonably able to produce or obtain
petrol-ethanol blend for retail sale, or
c. on any other grounds.
5. in the case of the requirement to sell a minimum of two per cent biodiesel, at the time of the
alleged offence it was not economically viable for the retailer to comply:
a. because of the price at which the retailer was reasonably able to produce or obtain
biodiesel blend for retail sale, or
b. on any other grounds.
2.2 Exemption from the biofuels requirements
The Biofuels Act and Regulation set out a number of grounds for exemption from the biofuels
requirements. These are examined in the next section.
3. EXEMPTIONS FROM THE BIOFUELS REQUIREMENTS
3.1 THE EXEMPTIONS PROCESS
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3.1.1 Prospective or retrospective
Exemptions can be prospective or retrospective. Prospective exemptions are preferable and
provide certainty for a volume fuel retailer.
3.1.2 Exemption duration
The Biofuels Act provides for exemptions to be granted for an indefinite period or for a specified
period. However, in practice the Panel should consider exemptions up to a maximum of two
years in duration.
Where the retailer is already complying with section 8 of the Act by offering a petrol-ethanol blend
at their volume fuel service stations, exemptions will ordinarily be granted for a 12 month period
from the date of granting the exemption.
Where the retailer is not complying with section 8 of the Act — that is, failing to offer a petrol-
ethanol blend at volume fuel service stations — then the exemption will typically be granted for a
six month period from the date of granting the exemption.
However, there may be exceptions to the above guide, if the Secretary is satisfied, having
considered all relevant factors including any advice given by the Expert Panel, that an exemption
should be granted for a period that is more or less than the applicable 12 or six month period.
Relevant factors which may satisfy the Secretary that a grant of an exemption period more than
the prescribed ordinary period is required can include, but are not limited to:
• Where the cost of upgrading infrastructure made it not economically viable to comply
because an existing underground storage tank unsuitable for storing ethanol has not
exhausted its service life cycle
• Where the cost of upgrading infrastructure made it not economically viable to comply
because an existing underground storage tank would not for any other reason be
replaced or upgraded, except in compliance with the Biofuels Act.
Two years is the maximum period for an exemption granted in order to allow a person time to
take steps to comply with a biofuel requirement. There is no statutory limit on the number of
times an exemption can be renewed after the expiry of a previously granted exemption.
3.1.3 Conditions
An exemption can be granted subject to conditions. It is an offence under section 9B(3A) of the
Biofuels Act to contravene a condition of an exemption.
3.1.4 Partial exemptions
An exemption can be granted as a partial exemption specifying a percentage that is less than the
six per cent ethanol percentage or the two per cent biodiesel percentage.
3.1.5 Variation or revocation of an exemption
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The Secretary may vary or revoke an exemption or a condition of an exemption at any time by
notice in writing to the volume fuel retailer concerned.
3.1.6 The Biofuels Expert Panel
The Secretary may not grant an exemption or vary or revoke an exemption unless the proposed
exemption, variation or revocation has been referred to the Biofuels Expert Panel and the
Secretary has considered the advice of the Panel. The Expert Panel meets at least quarterly to
consider applications and provide advice to the Secretary.
The Expert Panel is currently chaired by the Commissioner for Fair Trading and includes expert
representatives from government and the petroleum and biofuels industries.
3.1.7 How to apply
Exemption applications may be made via the online forms approved by the Secretary, or by email
to [email protected] and accompanied by any required information. A link to the
online process is available on the NSW Fair Trading website and is linked to a service station
operator’s registration for FuelCheck.
Exemption applications for the following quarter should be lodged at the same time quarterly
returns are submitted – that is, within one month after the end of the previous quarter.
3.1.8 Timeframes
The Department of Finance, Services and Innovation will aim to ensure that a final decision on an
exemption application is made within 90 days of its receipt.
3.2 GROUNDS FOR EXEMPTIONS
A volume fuel retailer may apply to the Secretary for an exemption from a biofuels requirement
on the following grounds:
1. In the case of an exemption from the requirement to offer a petrol-ethanol blend and
make it as accessible as other types of petrol, it is not economically viable for the retailer
to comply because:
a. the retailer, despite their best efforts, has not been able to secure finance to
install or upgrade infrastructure
b. the capital costs of installing or upgrading infrastructure made it not economically
viable to comply, taking into account the price that would have to be charged for
the petrol-ethanol blend to recover those costs
c. if the service station is in a remote or regional area, the recurrent costs of
transporting petrol-ethanol blend to the service station made it not economically
viable to comply, taking into account the price that would have to be charged for
the petrol-ethanol blend to recover those costs
d. the combination of the costs of infrastructure upgrades and recurrent transport
costs (for stations in a remote or regional area) made it not economically viable
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to comply, taking into account the price that would have to be charged for the
petrol-ethanol blend to recover those costs, or
2. In the case of an exemption from the requirement to sell six per cent ethanol, the retailer
has taken all of the following steps prescribed in the Biofuels Regulation:
a. taking all reasonable action to upgrade the retailer’s infrastructure to enable it to
distribute sufficient petrol-ethanol blend to ensure compliance
b. taking all reasonable action to ensure the availability of facilities for the sale of
petrol-ethanol blend at the retailer’s service stations
c. making all reasonable efforts (on a continuing basis) to secure sufficient supplies
of ethanol or petrol-ethanol blend to comply
d. taking all reasonable action (on a continuing basis) to market petrol-ethanol blend,
including by ensuring that at each service station at which E10 is sold, the price of
E10 is conspicuously displayed on a sign alongside the price of other fuels
e. taking all reasonable action (on a continuing basis) to ensure that all E10 sold by
the retailer contains at least nine per cent ethanol, or
3. In the case of an exemption from the requirement to sell two per cent biodiesel, the
retailer has taken steps mirroring (a) to (d) above to comply, or
4. The retailer has otherwise taken all reasonable steps to comply with the biofuels
requirements, or
5. In the case of an exemption from the requirement to sell six per cent ethanol or offer a
petrol-ethanol blend, it is not economically viable for the retailer to comply:
a. because the wholesale price of ethanol exceeded the reasonable wholesale price
determined by IPART
b. because of the price at which the retailer was reasonably able to produce or obtain
petrol-ethanol blend for retail sale
c. on any other grounds, or
6. In the case of the requirement to sell a minimum of 2 per cent biodiesel, it is not
economically viable to comply:
a. because of the price at which the retailer is reasonably able to produce or obtain
biodiesel blend for retail sale, or
b. on any other grounds, or
7. In the case of any of the biofuels requirements:
a. that an exemption is reasonable to allow the retailer a period within which to take
the steps required to establish a defence for failure to comply
b. that compliance may result in a risk to public health and safety, or
c. that there are other extraordinary circumstances justifying the grant of the
exemption.
3.3 REQUIREMENTS FOR EXEMPTION APPLICATIONS
3.3.1 General documentation requirements
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In order to avoid retailers being required to attach large quantities of documentation to exemption
applications, volume fuel retailers will be asked to declare certain facts that support the
application, but generally will not be asked to attach supporting documentation.
Retailers are, however, required to either hold or be able to readily obtain the relevant
documentation to support the facts stated in their exemption application. NSW Fair Trading may
carry out spot checks to check the claims made in exemption applications, and may request
production of supporting documentation in particular cases.
All potential grounds for exemption, and requests for exemption from different elements of the
mandate, can be addressed in a single application.
3.3.2 Exemption from the requirement to offer a petrol-ethanol blend and make it as
accessible as other types of petrol on the grounds that it is not economically viable
for the retailer to comply because:
a. the retailer, despite their best efforts, has not been able to secure finance
to install or upgrade infrastructure
b. the capital costs of installing or upgrading infrastructure made it not
economically viable to comply, taking into account the price that would
have to be charged for the petrol-ethanol blend to recover those costs.
The requirement to make petrol-ethanol blend as accessible as any other type of petrol will be
taken to mean that, at all volume fuel service stations operated by a volume fuel retailer, petrol-
ethanol blend is made at least as accessible to retail customers as regular unleaded (91) petrol.
If the volume fuel service station does not offer regular unleaded petrol for retail sale, the
availability of a petrol-ethanol blend will be considered sufficient to establish compliance.
An exemption on the basis of inability to secure finance for infrastructure costs or excessive costs
for infrastructure upgrades will only be considered in relation to the most cost-effective means of
compliance with the biofuels requirements at that site. For example, flushing out an existing tank
and using it to supply a petrol-ethanol blend would be a more cost effective means of
compliance, where this is possible, than installing a new tank. It will be up to the retailer’s
discretion to decide which product to replace with petrol-ethanol blend, if the retailer chooses this
means of compliance.
The retailer will therefore be asked to explain whether the use of existing tanks to offer a petrol-
ethanol blend is possible and which aspects of the infrastructure at the service station will need
to be upgraded to comply with the biofuels requirements. Where the age and other details of the
manufacture of underground tanks cannot reasonably be determined, the retailer should
investigate options for tank replacement. The risk of environmental contamination due to biofuels
being stored in older underground tanks should be carefully considered by both the retailer and
the Expert Panel. There should be a presumption in favour of granting exemptions where a risk
of environmental contamination is identified.
The retailer will also be asked about the terms of any franchise or commission agent agreement
they are a party to, in particular how the cost of infrastructure upgrades due to regulatory
changes would be apportioned. If the costs are to be borne by someone other than the volume
fuel retailer, then it is unlikely the retailer will receive an exemption on the grounds of finance for
or costs of infrastructure upgrades.
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In the case of an exemption for inability to obtain finance, the retailer will be asked to obtain two
quotes for finance and provide a declaration that either the finance applications were rejected or
finance was offered on unaffordable terms. The retailer may be asked to provide documentary
evidence to support the declaration.
For an exemption on the grounds that the costs of installing or upgrading infrastructure make
compliance economically unviable, the retailer will be asked to provide a declaration containing
information about the retailer’s net average annual profit for the last two year period. The retailer
will also be asked to obtain two quotes for the necessary infrastructure changes and provide a
declaration about these quotes. The retailer may be asked to provide evidence to support these
declarations.
If the cost of upgrades is more than 25 per cent of average net annual profit over the last two-
year period, the Panel will closely consider providing an exemption, especially if the retailer is a
small business. The retailer will also be asked to provide any further information which may
assist the Panel to determine whether an exemption is appropriate. This could include
information about the retailer’s long and short term assets and liabilities.
3.3.3 Exemption from the requirement to offer a petrol-ethanol blend and make it as
accessible as other types of petrol on the ground that it is not economically viable
for the retailer to comply because:
c. if the service station is in a remote or regional area, the recurrent costs of
transporting petrol-ethanol blend to the service station made it not economically
viable to comply, taking into account the price that would have to be charged for
the petrol-ethanol blend to recover those costs.
For an exemption from the requirement to offer a petrol-ethanol blend on this ground, the retailer
will be asked to provide a declaration about the costs of transporting ethanol or petrol-ethanol
blend to the service station from the closest available source, without breaching the terms of
existing supply contracts by seeking supply elsewhere.
3.3.4 Exemption from the requirement to offer a petrol-ethanol blend and make it as
accessible as other types of petrol on the ground that it is not economically viable
for the retailer to comply because:
d. the combination of the costs of infrastructure upgrade and recurrent transport
costs (for stations in a remote or regional area) made it not economically viable
to comply, taking into account the price that would have to be charged for the
petrol-ethanol blend to recover those costs.
The retailer will be asked to provide the information referred to in 3.3.2 and 3.3.3 above.
3.3.5 Exemption from requirement to sell a minimum of six per cent ethanol on the basis
that the retailer has taken all the steps in clause 9(1) of the Biofuels Regulation (No
2) 2016
Step 1 – taking all reasonable action to upgrade the retailer’s infrastructure to enable it to
distribute sufficient petrol-ethanol blend to ensure compliance
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The retailer will need to declare that it has provided tanks and bowsers capable of holding and
delivering petrol-ethanol blend. This may include replacement of a tank if necessary.
If the retailer has an exemption from the requirement to make petrol-ethanol blend available at all
of the retailer’s volume fuel service stations, information about this exemption must be provided.
Step 2 - taking all reasonable action to ensure the availability of facilities for the sale of petrol-
ethanol blend at the retailer’s service stations
The retailer will be asked to declare that it has provided tanks, bowsers and nozzles for delivering
petrol-ethanol blend to retail customers, and that it has complied with the requirement to make
petrol-ethanol blend as accessible as regular unleaded (91) petrol at the service station.
When assessing compliance with this requirement, the Expert Panel should use FuelCheck to
find out whether E10 and/or E85 is being offered, as well as information about the number of
bowsers and nozzles in the retailer’s quarterly return.
If the retailer has an exemption from the requirement to make petrol-ethanol blend available at all
of the retailer’s volume fuel service stations, information about this exemption must be provided.
Step 3 - making all reasonable efforts (on a continuing basis) to secure sufficient supplies of
ethanol or petrol-ethanol blend to comply
The retailer will be asked to declare that it is making these efforts on an ongoing basis.
This claim may be checked against data on FuelCheck, which shows petrol-ethanol blend being
offered, and the quarterly returns showing the amount of ethanol sold, along with the number of
bowsers and nozzles.
If a petrol-ethanol blend is not being offered at the retailer’s volume fuel service stations, and the
retailer does not hold an exemption from the requirement to offer a petrol-ethanol blend, the
retailer will need to provide evidence that it has attempted and continues to attempt to obtain
sufficient ethanol or petrol-ethanol blend and an explanation of why a petrol-ethanol blend is not
being offered.
The retailer is expected to be able to provide evidence of supply contracts or supply quotes if
requested, but is not expected to breach the terms of existing supply contracts by seeking supply
elsewhere.
Step 4 - taking all reasonable action (on a continuing basis) to market petrol-ethanol blend,
including by ensuring that at each service station at which E10 is sold, the price of E10 is
conspicuously displayed on a sign alongside the price of other fuels
The retailer will be asked to declare that the price of E10 is conspicuously displayed on a price
board so that it is as prominent as the prices of other fuels and complies with the Fair Trading
Regulation 2012.
The retailer will also be asked to declare that it is taking other reasonable steps to market petrol-
ethanol blend, and outline what these steps are.
Step 5 - taking all reasonable action (on a continuing basis) to ensure that all E10 sold by the
retailer contains at least nine per cent ethanol
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A retailer will be asked to declare that they have taken all reasonable action to satisfy themselves
that the product they obtain and sell that purports to be E10 contains at least nine per cent
ethanol and complies with one of the sustainability standards prescribed in the regulation.
3.3.6 Exemption from requirement to sell a minimum of two per cent biodiesel on the
basis that the retailer has taken all the steps in clause 9(1)(a)-(d) of the Biofuels
Regulation (No 2) 2016
A biodiesel blend that contains up to five per cent biodiesel in Australia does not need to be
labelled as biodiesel and can be labelled and marketed simply as diesel. Accordingly, any retailer
who sells diesel will not necessarily need to upgrade infrastructure to sell biodiesel but can sell a
B5 blend.
The retailer will be asked to declare that it is making all reasonable efforts on an ongoing basis to
secure sufficient supplies of biodiesel blend.
When there is a significant shortage of biodiesel, the Panel will take this into account.
3.3.7 Exemption from the requirement to sell a minimum of six per cent ethanol or two
per cent biodiesel or to offer a petrol-ethanol blend on the grounds that the retailer
has otherwise taken all reasonable steps to comply with the biofuels requirement
The retailer will be asked to explain how it has otherwise taken all reasonable steps to comply.
3.3.8 Exemption from the requirement to sell a minimum of six per cent ethanol or offer a
petrol-ethanol blend on the ground that it is not economically viable for the retailer
to comply:
a. because the wholesale price of ethanol exceeded the reasonable wholesale
price determined by IPART
b. because of the price at which the retailer was reasonably able to produce or
obtain petrol-ethanol blend for retail sale
The retailer will be asked to provide information about the price at which it can obtain petrol-
ethanol blend and about its supply contracts. A retailer is not expected to breach the terms of
existing supply contracts by seeking supply elsewhere.
3.3.9 Exemption from the requirement to sell a minimum of six per cent ethanol or offer a
petrol-ethanol blend on the grounds that it is not economically viable for the
retailer to comply on any other grounds.
Grounds that may justify an exemption in this category include:
• other significant regulatory compliance costs have been incurred in the last two years and
further substantial costs for infrastructure upgrades will be necessary to comply with the
requirement to offer a petrol-ethanol blend
• infrastructure upgrades will require closure of a service station for 28 or more days, or
• any other grounds that mean it is not economically viable to comply.
The retailer will need to explain why it is not economically viable to comply, and make a
declaration about the financial basis of this claim. The retailer may be asked for documentary
evidence to support this declaration.
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3.3.10 Exemption from the requirement to sell a minimum of two per cent biodiesel on the
ground that it is not economically viable for the retailer to comply because of the
price at which the retailer is able to produce or obtain biodiesel blend for retail sale
The retailer will be asked to provide information about the price at which it can obtain biodiesel or
biodiesel blend and about its supply contracts. A retailer is not expected to breach the terms of
existing supply contracts by seeking supply elsewhere.
3.3.11 Exemption from the requirement to sell a minimum of two per cent biodiesel on the
ground that it is not economically viable for the retailer to comply on any other
grounds
The retailer will be asked to provide a declaration about these grounds and why they mean it is
not economically viable to comply, and to hold evidence to support this declaration.
3.3.12 Exemption from any of the biofuels requirements on the ground that an exemption
is reasonable to allow the retailer a period within which to take the steps required
to establish a defence for failure to comply
An exemption on this ground may be appropriate when a service station becomes subject to the
biofuels requirements for the first time and needs time within which to take all reasonable steps
that will be necessary to comply or to establish grounds for an exemption.
The retailer will need to provide an explanation of why it is reasonable to provide time within
which to take these steps.
3.3.13 Exemption from any of the biofuels requirements on the basis that compliance may
result in a risk to public health and safety
An exemption on these grounds may be justified, for example, in situations where disturbance of
an underground fuel tank is unsafe, or in any other situation where compliance may result in a
risk to public health and safety.
The retailer will be asked to provide a declaration as to the grounds on which the exemption is
sought and should hold evidence to support that declaration.
3.3.14 Exemption from any of the biofuels requirements on the grounds that there are
other extraordinary circumstances justifying the grant of an exemption
Examples of circumstances that may justify the grant of an exemption on this ground could
include:
• that the retailer requires development approval to comply, and that approval has been
refused, or the retailer is awaiting that approval
• infrastructure upgrades are necessary to comply, but cannot commence for a specified
time period because, despite their best efforts, the retailer has been unable to engage a
contractor at this time to undertake the upgrades
• the retailer or their site has recently been subject to a natural disaster or other
catastrophic event and this has affected their ability to comply
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• closure of the service station for the period necessary to carry out upgrades will cause
hardship to the local community, for example because the retailer is the sole fuel supplier
in a remote or regional location
• the retailer cannot obtain appropriate insurance to cover upgrade works
• the retailer leases a service station site and the lease will expire in the near future
• the constraints of a service station site make infrastructure upgrades impractical
• where tank replacement is necessary, the remaining useful life of the tank, as estimated
by an appropriately qualified expert, would likely exceed four years, or
• the retailer is a specialist supplier, for example of marine fuel.
© State of New South Wales (NSW Fair Trading). For current information go to fairtrading.nsw.gov.au