{"id":"nsw:sl-2022-0462","name":"Biofuels Regulation 2022","slug":"biofuels-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"462 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176046,"registerId":"nsw-nsw:sl-2022-0462-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Biofuels Regulation 2022](/view/html/inforce/current/sl-2022-0462).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation repeals and replaces the [Biofuels Regulation (No 2) 2016](/view/html/repealed/current/sl-2016-0654), which would otherwise be repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Regulation—\n> \n> the Act means the [Biofuels Act 2007](/view/html/inforce/current/act-2007-023).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definition of “biofuel sustainability standard”—the Act, s 3","content":"#### 4 Definition of “biofuel sustainability standard”—the Act, s 3\n\n4 Definition of “biofuel sustainability standard”—the Act, s 3\n\n> For the Act, section 3(1), definition of biofuel sustainability standard, the following standards are prescribed—\n> \n> > (a) RSB Principles & Criteria, published by the Roundtable on Sustainable Biomaterials, as in force from time to time,\n> \n> > (b) ISO 13065, Sustainability criteria for bioenergy, as in force from time to time.\n> \n> **s 4:** Am 2024 No 25, Sch 7.4\\[1\\]–\\[3\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definition of “volume fuel service station”—the Act, s 3","content":"#### 5 Definition of “volume fuel service station”—the Act, s 3\n\n5 Definition of “volume fuel service station”—the Act, s 3\n\n> 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.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Definition of “relevant period”—the Act, s 3","content":"#### 6 Definition of “relevant period”—the Act, s 3\n\n6 Definition of “relevant period”—the Act, s 3\n\n> 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.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Definition of “primary wholesaler”—the Act, s 4","content":"#### 7 Definition of “primary wholesaler”—the Act, s 4\n\n7 Definition of “primary wholesaler”—the Act, s 4\n\n> For the Act, section 4(4), the following persons are excluded from the definition of primary wholesaler—\n> \n> > (a) Mobil Oil Australia Pty Ltd (ACN 004 052 984),\n> \n> > (b) Viva Energy Australia Pty Ltd (ACN 004 610 459),\n> \n> > (c) Freedom Fuels Australia Pty Ltd (ACN 093 244 761).","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Minimum biofuel requirements","content":"# Part 2 Minimum biofuel requirements\n\nPart 2 Minimum biofuel requirements","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Availability of petrol-ethanol blend for retail sale—the Act, s 8","content":"#### 8 Availability of petrol-ethanol blend for retail sale—the Act, s 8\n\n8 Availability of petrol-ethanol blend for retail sale—the Act, s 8\n\n> For the Act, section 8, petrol-ethanol blend must be as accessible to a customer attending the volume fuel retailer’s volume fuel service station as—\n> \n> > (a) regular unleaded petrol, or\n> \n> > (b) if regular unleaded petrol is not available for sale at the service station—another type of petrol.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Defence for failure to comply with minimum ethanol requirements—the Act, s 9A","content":"#### 9 Defence for failure to comply with minimum ethanol requirements—the Act, s 9A\n\n9 Defence for failure to comply with minimum ethanol requirements—the Act, s 9A\n\n> For the Act, section 9A(2)(a), in relation to a prosecution for failure to comply with the minimum ethanol requirement imposed by the Act, section 6, the steps are—\n> \n> > (a) upgrade the volume fuel retailer’s infrastructure to enable the retailer to distribute sufficient petrol-ethanol blend to comply with the requirement, and\n> \n> > (b) ensure facilities for the sale of petrol-ethanol blend are available at the volume fuel retailer’s service stations, and\n> \n> > (c) secure, on a continuing basis, sufficient supplies of ethanol or petrol-ethanol blend to comply with the requirement, and\n> \n> > (d) market, on a continuing basis, petrol-ethanol blend to support compliance with the requirement, including by ensuring the price of E10 is conspicuously displayed on a sign alongside the price of other fuels at each volume fuel retailer’s service station at which E10 is sold by retail, and\n> \n> > (e) ensure, on a continuing basis, all E10 sold by the volume fuel retailer contains at least 9% ethanol.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Defence for failure to comply with minimum biodiesel requirements—the Act, s 9A","content":"#### 10 Defence for failure to comply with minimum biodiesel requirements—the Act, s 9A\n\n10 Defence for failure to comply with minimum biodiesel requirements—the Act, s 9A\n\n> For the Act, section 9A(2)(a), in relation to a prosecution for failure to comply with the minimum biodiesel requirement imposed by the Act, section 7, the steps are—\n> \n> > (a) upgrade the volume fuel retailer’s infrastructure to enable the retailer to distribute sufficient biodiesel blend to comply with the requirement, and\n> \n> > (b) ensure facilities for the sale of biodiesel blend are available at the volume fuel retailer’s service stations, and\n> \n> > (c) secure, on a continuing basis, sufficient supplies of biodiesel blend to comply with the requirement, and\n> \n> > (d) market, on a continuing basis, biodiesel blend to support compliance with the requirement.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Defence for failure to ensure availability of petrol-ethanol blend for retail sale—the Act, s 9A","content":"#### 11 Defence for failure to ensure availability of petrol-ethanol blend for retail sale—the Act, s 9A\n\n11 Defence for failure to ensure availability of petrol-ethanol blend for retail sale—the Act, s 9A\n\n> For the Act, section 9A(2)(c)(iii), in relation to a prosecution for failure to comply with the petrol-ethanol blend requirement imposed by the Act, section 8, the following grounds are set out—\n> \n> > (a) despite the defendant’s best efforts, the defendant had not been able to secure finance to install or upgrade necessary infrastructure at the service station to meet the requirement,\n> \n> > (b) the following costs were not economically viable, considering the price for the petrol-ethanol blend that would be charged to recover the costs—\n> > \n> > > (i) the capital costs of installing or upgrading infrastructure at the service station,\n> > \n> > > (ii) if the service station is in a remote or regional area—the recurrent costs of transporting petrol-ethanol blend to the service station.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Exemption period for taking steps to comply with minimum biofuel requirements—the Act, s 9B","content":"#### 12 Exemption period for taking steps to comply with minimum biofuel requirements—the Act, s 9B\n\n12 Exemption period for taking steps to comply with minimum biofuel requirements—the Act, s 9B\n\n> For the Act, section 9B(5A)(b), a 2-year period is prescribed.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Applications for exemptions from minimum biofuel requirements—the Act, s 9B","content":"#### 13 Applications for exemptions from minimum biofuel requirements—the Act, s 9B\n\n13 Applications for exemptions from minimum biofuel requirements—the Act, s 9B\n\n> For the Act, section 9B(9), the Secretary may require a volume fuel retailer to provide the Secretary with information the Minister may reasonably require to determine the retailer’s application for an exemption.","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Returns and records","content":"# Part 3 Returns and records\n\nPart 3 Returns and records","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Returns by volume fuel retailers and certain service station operators—the Act, s 11","content":"#### 14 Returns by volume fuel retailers and certain service station operators—the Act, s 11\n\n14 Returns by volume fuel retailers and certain service station operators—the Act, s 11\n\n> > (1) For the Act, section 11(1), a volume fuel retailer or relevant service station operator must provide an electronic return to the Secretary within 1 month after the end of the relevant period.\n> \n> > (2) For the Act, section 11(2)(e), the return must specify the following information in relation to sales of petrol at service stations operated by the volume fuel retailer or relevant service station operator during the relevant period—\n> > \n> > > (a) the number of service stations at which petrol-ethanol blend or regular unleaded petrol is available for sale,\n> > \n> > > (b) of the service stations specified in paragraph (a), the number that are volume fuel service stations,\n> > \n> > > (c) the number of bowsers and nozzles used for the purposes of delivering petrol-ethanol blend or regular unleaded petrol at each service station.\n> \n> > (3) In this section—\n> > \n> > relevant service station operator means an operator of a service station, other than a volume fuel retailer, who was registered as a volume fuel retailer in the 2 relevant periods immediately before the relevant period to which the return relates.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Keeping of records—the Act, s 12","content":"#### 15 Keeping of records—the Act, s 12\n\n15 Keeping of records—the Act, s 12\n\n> > (1) For the Act, section 12(2), the records must, for each transaction, include—\n> > \n> > > (a) the volume of petrol or diesel fuel sold, and\n> > \n> > > (b) whether the petrol sold was petrol-ethanol blend, and\n> > \n> > > (c) whether the diesel fuel sold was biodiesel blend, and\n> > \n> > > (d) for a sale of petrol-ethanol blend—the amount of ethanol in the petrol-ethanol blend, and\n> > \n> > > (e) for a sale of biodiesel blend—the amount of biodiesel in the biodiesel blend, and\n> > \n> > > (f) for a sale of petrol-ethanol blend or biodiesel blend—whether the blend complies with a biofuel sustainability standard.\n> \n> > (2) For the Act, section 12(3), the records of petrol or diesel fuel sold during a relevant period—\n> > \n> > > (a) may be kept in written or electronic form, in the form of copies of invoices or other records of sale, and\n> > \n> > > (b) must be kept for at least 3 years after the end of the relevant period to which the records relate.","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Repeal and saving","content":"#### 16 Repeal and saving\n\n16 Repeal and saving\n\n> > (1) The [Biofuels Regulation (No 2) 2016](/view/html/repealed/current/sl-2016-0654) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Biofuels Regulation (No 2) 2016](/view/html/repealed/current/sl-2016-0654), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":19},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\n| Provision | Penalty |\n| Offences under the Act |\n| Section 13(1A) | $1,100 |\n| Section 13(1)—for failing to provide a return in compliance with the Act, section 11 | $5,500 |\n| Section 13(2)—for failing to keep and retain records in compliance with the Act, section 12 | $5,500 |","sortOrder":20}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original purpose of operationalising the Biofuels Act 2007. It replaces the 2016 version with updated sustainability standards (adding ISO 13065 in 2024) and maintains the same structural approach of setting thresholds, defences, and reporting requirements. No significant scope creep detected."},"complexity_factors":["Heavy reliance on definitions in the parent Act (Biofuels Act 2007) — most sections reference 'the Act' without restating definitions","Cross-referencing structure — nearly every section begins with 'For the Act, section X', requiring readers to flip between instruments","Conditional logic in defences — sections 9-11 create multi-step tests for avoiding liability","Nested definitions — 'volume fuel retailer', 'relevant period', 'primary wholesaler' all defined by reference to the Act with partial modifications","Temporal calculations — '2 immediately preceding relevant periods' creates a rolling window calculation for thresholds","Incorporation of external standards by reference — RSB Principles and ISO 13065 are 'as in force from time to time', creating dynamic compliance obligations"],"plain_english_summary":"**What this legislation does:**\n\nThis Regulation sets the detailed rules for how New South Wales fuel retailers must sell biofuels (ethanol-blended petrol and biodiesel). It works together with the Biofuels Act 2007 to reduce greenhouse gas emissions from transport by ensuring cleaner fuel options are available.\n\n**Who it affects:**\n\n- **Volume fuel retailers** — large fuel sellers (typically big petrol station chains) who must meet minimum biofuel sales targets\n- **Primary wholesalers** — fuel distributors (with specific companies like Mobil and Viva Energy excluded from certain obligations)\n- **Service station operators** — smaller operators who may need to report sales data\n\n**Key requirements:**\n\n- **Ethanol-blended petrol (E10)** must be as easy to buy as regular unleaded petrol at major service stations\n- **Minimum sales targets** apply for both ethanol and biodiesel blends\n- **Sustainability standards** must be met — biofuels must comply with international standards (RSB Principles or ISO 13065)\n- **Record-keeping** — detailed sales records must be kept for 3 years, showing fuel volumes, ethanol/biodiesel content, and sustainability compliance\n- **Reporting** — electronic returns must be submitted every 6 months\n\n**Defences and exemptions:**\n\nRetailers can avoid penalties if they can prove they took reasonable steps — such as upgrading infrastructure, securing supply contracts, marketing biofuels, and displaying E10 prices prominently. They can also apply for exemptions if installing infrastructure is not economically viable, especially in remote areas.\n\n**Why it matters:**\n\nThis Regulation ensures NSW meets its renewable fuel targets while giving retailers practical ways to comply or seek exemptions when compliance is genuinely difficult. It balances environmental goals with business realities."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument expressly repeals and replaces the 2016 Regulation but preserves prior legal effects (s16(1)–(2)). It adds or records specific prescriptions (definitions, threshold, standards and procedural rules at ss4–7, 9–15) but the Regulation text alone does not state whether those prescriptions materially broaden or narrow the prior instrument’s scope. On the face of this text, obligations continue to fall on volume fuel retailers, certain service‑station operators and specified wholesalers, so no clear scope change is evident from the instrument alone."},"complexity_factors":["Cross-references to the Biofuels Act and Interpretation Act create multi-instrument interpretation duties (see s3 definition and Notes).","External sustainability standards are prescribed 'as in force from time to time' (RSB Principles & Criteria; ISO 13065), requiring ongoing monitoring (s4).","A specific volume threshold for 'volume fuel service station' (1,800,000 L per 6-month relevant period) drives application of duties (s5, s6).","Detailed transactional recordkeeping and 3-year retention obligations increase operational compliance workload (s15).","Regular electronic returns within 1 month after each relevant period impose periodic reporting burdens and data collection requirements (s14).","Statutory defences require a sequence of remedial steps (infrastructure upgrade, supply, marketing, minimum ethanol content) that bind business actions and costs (ss9–11).","Secretary discretion to require information to decide exemption applications creates administrative uncertainty for applicants (s13).","Prescribed 2-year exemption period for taking compliance steps introduces timing and investment planning constraints (s12).","Penalty notice regime with fixed amounts for specified breaches concentrates enforcement into summary monetary sanctions (Schedule 1 and s1 of Schedule).","Repeal-and-save provision maintains continuity with the prior instrument while transferring obligations to the new Regulation (s16)."],"plain_english_summary":"This Regulation implements the Biofuels Act by prescribing which petrol and diesel service stations must offer ethanol or biodiesel blends, the acceptable sustainability standards, reporting and recordkeeping rules, defences and a penalty schedule. It applies mainly to volume fuel retailers, some service-station operators and nominated wholesalers. Affected businesses pay for infrastructure, supply and marketing to meet availability and recordkeeping requirements; the Secretary can require information and grant exemptions. Compliance incentivises supplying and promoting biofuel blends; penalties apply for failures to report or retain records."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the regulation's scope changed from its original intent. The metadata shows one amendment version (31 May 2024) following the original commencement (19 August 2022), which could indicate a scope adjustment, but no content is available to confirm this."},"complexity_factors":["Only metadata and status information was provided — no substantive regulatory content is available for analysis","The regulation itself is subordinate legislation (made under a parent Act), which adds one layer of legal hierarchy to understand","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a minor procedural consideration","Without the full text, the true complexity of the operative provisions cannot be assessed — score reflects only what was provided"],"plain_english_summary":"The Biofuels Regulation 2022 (NSW) is a subordinate law setting detailed rules for handling, sale and use of biofuels in NSW. Only its metadata/status is available: commenced 19 Aug 2022, updated 31 May 2024, and scheduled for automatic repeal on 1 Sep 2027.\n\nIt likely affects fuel retailers, wholesalers, distributors and consumers dealing with biofuel products because such regulations typically set blending, quality and compliance requirements and attach penalties for non‑compliance."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/biofuels-regulation-2022","history":"/api/acts/biofuels-regulation-2022/history","analysis":"/api/acts/biofuels-regulation-2022/analysis","conflicts":"/api/acts/biofuels-regulation-2022/conflicts","importantCases":"/api/acts/biofuels-regulation-2022/important-cases","documents":"/api/acts/biofuels-regulation-2022/documents"}}