{"id":"qld:sl-2016-0203","name":"Liquid Fuel Supply Regulation 2016","slug":"liquid-fuel-supply-regulation-2016","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"203 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175028,"registerId":"qld-qld:sl-2016-0203-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Liquid Fuel Supply Regulation 2016 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 January 2017.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Threshold amount for fuel retailers","content":"# Threshold amount for fuel retailers","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Threshold amount— Act , s 35A","content":"### sec.4 Threshold amount— Act , s 35A\n\nFor the Act , section 35A (5) , definition threshold amount, paragraph (a) , the amount prescribed is 500,000L.\n(sec.4-ssec) For the Act , section 35A (5) , definition threshold amount, paragraph (a) , the amount prescribed is 500,000L.","sortOrder":5},{"sectionNumber":"pt.3","sectionType":"part","heading":"Sustainability criteria for biofuels","content":"# Sustainability criteria for biofuels","sortOrder":6},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Sustainability criteria","content":"## Sustainability criteria","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Sustainability criteria for biofuels","content":"### sec.5 Sustainability criteria for biofuels\n\nFor schedule 1 of the Act , definition sustainable biobased diesel , the sustainability criteria for biofuel stated in schedule 1 , part 2 are prescribed as sustainability criteria for biobased diesel.\nFor schedule 1 of the Act , definition sustainable biobased petrol , the sustainability criteria for biofuel stated in schedule 1 , part 2 are prescribed as sustainability criteria for biobased petrol.\ns 5 sub 2019 SL No. 220 s 3\n(sec.5-ssec.1) For schedule 1 of the Act , definition sustainable biobased diesel , the sustainability criteria for biofuel stated in schedule 1 , part 2 are prescribed as sustainability criteria for biobased diesel.\n(sec.5-ssec.2) For schedule 1 of the Act , definition sustainable biobased petrol , the sustainability criteria for biofuel stated in schedule 1 , part 2 are prescribed as sustainability criteria for biobased petrol.","sortOrder":8},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Equivalent standards","content":"## Equivalent standards","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Purpose of division","content":"### sec.6 Purpose of division\n\nThis division provides for the chief executive (environment) to approve a standard as an equivalent standard for a sustainability standard.\n(sec.6-ssec) This division provides for the chief executive (environment) to approve a standard as an equivalent standard for a sustainability standard.","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"When chief executive (environment) may approve standard","content":"### sec.7 When chief executive (environment) may approve standard\n\nThe chief executive (environment) may approve a standard as an equivalent standard for a sustainability standard if the chief executive (environment) is satisfied the standard provides for sustainability measures that are at least equivalent to the sustainability standard.\nThe chief executive (environment) must publish a list of each standard that is approved as an equivalent standard for each sustainability standard on the environment department’s website.\nIn this section—\nenvironment department means the department in which the Environmental Protection Act 1994 is administered.\n(sec.7-ssec.1) The chief executive (environment) may approve a standard as an equivalent standard for a sustainability standard if the chief executive (environment) is satisfied the standard provides for sustainability measures that are at least equivalent to the sustainability standard.\n(sec.7-ssec.2) The chief executive (environment) must publish a list of each standard that is approved as an equivalent standard for each sustainability standard on the environment department’s website.\n(sec.7-ssec.3) In this section— environment department means the department in which the Environmental Protection Act 1994 is administered.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application for approval of standard","content":"### sec.8 Application for approval of standard\n\nA person may apply to the chief executive (environment) to approve a standard under this division.\nThe application must—\nbe made in the approved form; and\ngive the information necessary to enable the chief executive (environment) to decide the application.\nThe chief executive (environment) may give the person a written notice asking the person to give to the chief executive (environment), in the reasonable period stated in the notice, further information the chief executive (environment) reasonably considers necessary to decide the application.\n(sec.8-ssec.1) A person may apply to the chief executive (environment) to approve a standard under this division.\n(sec.8-ssec.2) The application must— be made in the approved form; and give the information necessary to enable the chief executive (environment) to decide the application.\n(sec.8-ssec.3) The chief executive (environment) may give the person a written notice asking the person to give to the chief executive (environment), in the reasonable period stated in the notice, further information the chief executive (environment) reasonably considers necessary to decide the application.\n- (a) be made in the approved form; and\n- (b) give the information necessary to enable the chief executive (environment) to decide the application.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Deciding application","content":"### sec.9 Deciding application\n\nFor deciding an application under section 8 , the chief executive (environment) must—\napprove the standard as an equivalent standard for a sustainability standard; or\nrefuse to approve the standard as an equivalent standard for a sustainability standard.\nIn deciding whether to approve the standard, the chief executive (environment) must have regard to—\nthe sustainability measures set out in the standard compared to the sustainability measures set out in the sustainability standard; and\nany adverse impact the production of biofuel in accordance with the standard may have on—\nbiodiversity, ecosystems and areas of high conservation value; or\nsurface and ground water quality, including, for example, from nutrient or sediment runoff; or\nsoil quality, including, for example, from soil degradation; and\nanything else the chief executive (environment) considers relevant.\nThe chief executive (environment) may refuse to approve the standard if—\nthe chief executive (environment) has given the person a notice under section 8 (3) asking for further information; and\nthe person does not comply with the request in the period stated in the notice.\n(sec.9-ssec.1) For deciding an application under section 8 , the chief executive (environment) must— approve the standard as an equivalent standard for a sustainability standard; or refuse to approve the standard as an equivalent standard for a sustainability standard.\n(sec.9-ssec.2) In deciding whether to approve the standard, the chief executive (environment) must have regard to— the sustainability measures set out in the standard compared to the sustainability measures set out in the sustainability standard; and any adverse impact the production of biofuel in accordance with the standard may have on— biodiversity, ecosystems and areas of high conservation value; or surface and ground water quality, including, for example, from nutrient or sediment runoff; or soil quality, including, for example, from soil degradation; and anything else the chief executive (environment) considers relevant.\n(sec.9-ssec.3) The chief executive (environment) may refuse to approve the standard if— the chief executive (environment) has given the person a notice under section 8 (3) asking for further information; and the person does not comply with the request in the period stated in the notice.\n- (a) approve the standard as an equivalent standard for a sustainability standard; or\n- (b) refuse to approve the standard as an equivalent standard for a sustainability standard.\n- (a) the sustainability measures set out in the standard compared to the sustainability measures set out in the sustainability standard; and\n- (b) any adverse impact the production of biofuel in accordance with the standard may have on— (i) biodiversity, ecosystems and areas of high conservation value; or (ii) surface and ground water quality, including, for example, from nutrient or sediment runoff; or (iii) soil quality, including, for example, from soil degradation; and\n- (i) biodiversity, ecosystems and areas of high conservation value; or\n- (ii) surface and ground water quality, including, for example, from nutrient or sediment runoff; or\n- (iii) soil quality, including, for example, from soil degradation; and\n- (c) anything else the chief executive (environment) considers relevant.\n- (i) biodiversity, ecosystems and areas of high conservation value; or\n- (ii) surface and ground water quality, including, for example, from nutrient or sediment runoff; or\n- (iii) soil quality, including, for example, from soil degradation; and\n- (a) the chief executive (environment) has given the person a notice under section 8 (3) asking for further information; and\n- (b) the person does not comply with the request in the period stated in the notice.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Notice of decision on application","content":"### sec.10 Notice of decision on application\n\nThe chief executive (environment) must, within 10 days after making a decision under section 9 , give the person notice of the decision.\nIf the chief executive (environment)’s decision is to refuse to approve the standard, the notice must be a QCAT information notice.\nSubsection (4) applies if the chief executive (environment) fails to give the person a notice about the decision—\nwithin 40 days after the application is made; or\nif the person gave the chief executive (environment) further information requested under section 8 (3) —within 40 days after receiving the further information.\nThe chief executive (environment) is taken to have refused to approve the standard.\n(sec.10-ssec.1) The chief executive (environment) must, within 10 days after making a decision under section 9 , give the person notice of the decision.\n(sec.10-ssec.2) If the chief executive (environment)’s decision is to refuse to approve the standard, the notice must be a QCAT information notice.\n(sec.10-ssec.3) Subsection (4) applies if the chief executive (environment) fails to give the person a notice about the decision— within 40 days after the application is made; or if the person gave the chief executive (environment) further information requested under section 8 (3) —within 40 days after receiving the further information.\n(sec.10-ssec.4) The chief executive (environment) is taken to have refused to approve the standard.\n- (a) within 40 days after the application is made; or\n- (b) if the person gave the chief executive (environment) further information requested under section 8 (3) —within 40 days after receiving the further information.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Review by QCAT","content":"### sec.11 Review by QCAT\n\nA person given, or entitled to be given, a QCAT information notice under section 10 (2) may apply, as provided under the QCAT Act , to QCAT for an external review of the decision.\n(sec.11-ssec) A person given, or entitled to be given, a QCAT information notice under section 10 (2) may apply, as provided under the QCAT Act , to QCAT for an external review of the decision.","sortOrder":15},{"sectionNumber":"pt.4","sectionType":"part","heading":"Transitional provision","content":"# Transitional provision","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Sustainability criteria for biofuel produced in Australia before commencement","content":"### sec.12 Sustainability criteria for biofuel produced in Australia before commencement\n\nFor the Act , schedule 1 , definition sustainable biobased diesel , the sustainability criteria for biobased diesel produced in Australia before the commencement is that the diesel was produced under an environmental approval relating to the production of biobased diesel.\nFor the Act , schedule 1 , definition sustainable biobased petrol , the sustainability criteria for biobased petrol produced in Australia before the commencement is that the petrol was produced under an environmental approval relating to the production of biobased petrol.\nSubsections (1) and (2) apply despite section 5 and schedule 1.\nIn this section—\nenvironmental approval means—\nfor biofuel produced in Queensland—an environmental authority under the Environmental Protection Act 1994 ; or\nfor biofuel produced outside Queensland—an environmental approval (however described) under an Act or law, of the Commonwealth or another State, about the protection of the environment.\n(sec.12-ssec.1) For the Act , schedule 1 , definition sustainable biobased diesel , the sustainability criteria for biobased diesel produced in Australia before the commencement is that the diesel was produced under an environmental approval relating to the production of biobased diesel.\n(sec.12-ssec.2) For the Act , schedule 1 , definition sustainable biobased petrol , the sustainability criteria for biobased petrol produced in Australia before the commencement is that the petrol was produced under an environmental approval relating to the production of biobased petrol.\n(sec.12-ssec.3) Subsections (1) and (2) apply despite section 5 and schedule 1.\n(sec.12-ssec.4) In this section— environmental approval means— for biofuel produced in Queensland—an environmental authority under the Environmental Protection Act 1994 ; or for biofuel produced outside Queensland—an environmental approval (however described) under an Act or law, of the Commonwealth or another State, about the protection of the environment.\n- (a) for biofuel produced in Queensland—an environmental authority under the Environmental Protection Act 1994 ; or\n- (b) for biofuel produced outside Queensland—an environmental approval (however described) under an Act or law, of the Commonwealth or another State, about the protection of the environment.","sortOrder":17},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":18},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"What is the greenhouse gas criterion","content":"### sch.1-sec.1 What is the greenhouse gas criterion\n\nFor this schedule, the greenhouse gas criterion for biofuel is that the greenhouse gas emissions for the production and use of the biofuel are at least 20% less than the greenhouse gas emissions for the production and use of the relevant equivalent fuel.\nWhether biofuel meets the criterion mentioned in subsection (1) must be worked out using—\na lifecycle assessment complying with both of the following standards—\nISO 14040:2006;\nISO 14044:2006; or\nfor biofuel mentioned in section 5 that is appropriately certified under section 5 (2) (b) —the RSB lifecycle methodology.\nIn this section—\nrelevant equivalent fuel means—\nfor biobased petrol—regular petrol; or\nfor biobased diesel—diesel.\nRSB lifecycle methodology means the RSB lifecycle GHG emission calculation methodology under the RSB global standard.\nsch 1 s 1 amd 2019 SL No. 220 s 4 (1) – (2)\n(sch.1-sec.1-ssec.1) For this schedule, the greenhouse gas criterion for biofuel is that the greenhouse gas emissions for the production and use of the biofuel are at least 20% less than the greenhouse gas emissions for the production and use of the relevant equivalent fuel.\n(sch.1-sec.1-ssec.2) Whether biofuel meets the criterion mentioned in subsection (1) must be worked out using— a lifecycle assessment complying with both of the following standards— ISO 14040:2006; ISO 14044:2006; or for biofuel mentioned in section 5 that is appropriately certified under section 5 (2) (b) —the RSB lifecycle methodology.\n(sch.1-sec.1-ssec.3) In this section— relevant equivalent fuel means— for biobased petrol—regular petrol; or for biobased diesel—diesel. RSB lifecycle methodology means the RSB lifecycle GHG emission calculation methodology under the RSB global standard.\n- (a) a lifecycle assessment complying with both of the following standards— (i) ISO 14040:2006; (ii) ISO 14044:2006; or\n- (i) ISO 14040:2006;\n- (ii) ISO 14044:2006; or\n- (b) for biofuel mentioned in section 5 that is appropriately certified under section 5 (2) (b) —the RSB lifecycle methodology.\n- (i) ISO 14040:2006;\n- (ii) ISO 14044:2006; or\n- (a) for biobased petrol—regular petrol; or\n- (b) for biobased diesel—diesel.","sortOrder":19},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Sustainability criteria","content":"# Sustainability criteria","sortOrder":20},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Biofuel produced from palm oil","content":"### sch.1-sec.2 Biofuel produced from palm oil\n\nBiofuel produced from palm oil (whether or not in combination with another source) must—\nbe appropriately certified; and\ncomply with the greenhouse gas criterion.\nFor subsection (1) , biofuel produced from palm oil is appropriately certified if, when the biofuel is produced, each supply chain entity for the biofuel is certified under—\nthe RSPO standard or a superseded version of the RSPO standard; or\nan equivalent standard for the RSPO standard.\nsch 1 s 2 sub 2019 SL No. 220 s 4 (3)\n(sch.1-sec.2-ssec.1) Biofuel produced from palm oil (whether or not in combination with another source) must— be appropriately certified; and comply with the greenhouse gas criterion.\n(sch.1-sec.2-ssec.2) For subsection (1) , biofuel produced from palm oil is appropriately certified if, when the biofuel is produced, each supply chain entity for the biofuel is certified under— the RSPO standard or a superseded version of the RSPO standard; or an equivalent standard for the RSPO standard.\n- (a) be appropriately certified; and\n- (b) comply with the greenhouse gas criterion.\n- (a) the RSPO standard or a superseded version of the RSPO standard; or\n- (b) an equivalent standard for the RSPO standard.","sortOrder":21},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Biofuel produced from sugar cane","content":"### sch.1-sec.3 Biofuel produced from sugar cane\n\nBiofuel produced from sugar cane (whether or not in combination with another source) must—\nbe appropriately certified; and\ncomply with the greenhouse gas criterion.\nFor subsection (1) , biofuel produced from sugar cane is appropriately certified if—\nat least 30% of the sugar cane is accredited sugar cane; or\nwhen the biofuel is produced, the facility at which the biofuel is produced, or each supply chain entity for the biofuel, is certified under—\nthe International Sustainability and Carbon Certification system in accordance with—\nthe ISCC EU standard or the ISCC PLUS standard; or\na superseded version of the ISCC EU standard or the ISCC PLUS standard; or\nthe RSB global standard or a superseded version of the RSB global standard; or\nan equivalent standard for a sustainability standard.\nIn this section—\naccredited sugar cane means sugar cane produced by a person accredited under the ‘Smartcane Best Management Practices (BMP)’ program administered by the Queensland Cane Growers Organisation Ltd ACN 089 992 969.\nsch 1 s 3 sub 2019 SL No. 220 s 4 (3)\n(sch.1-sec.3-ssec.1) Biofuel produced from sugar cane (whether or not in combination with another source) must— be appropriately certified; and comply with the greenhouse gas criterion.\n(sch.1-sec.3-ssec.2) For subsection (1) , biofuel produced from sugar cane is appropriately certified if— at least 30% of the sugar cane is accredited sugar cane; or when the biofuel is produced, the facility at which the biofuel is produced, or each supply chain entity for the biofuel, is certified under— the International Sustainability and Carbon Certification system in accordance with— the ISCC EU standard or the ISCC PLUS standard; or a superseded version of the ISCC EU standard or the ISCC PLUS standard; or the RSB global standard or a superseded version of the RSB global standard; or an equivalent standard for a sustainability standard.\n(sch.1-sec.3-ssec.3) In this section— accredited sugar cane means sugar cane produced by a person accredited under the ‘Smartcane Best Management Practices (BMP)’ program administered by the Queensland Cane Growers Organisation Ltd ACN 089 992 969.\n- (a) be appropriately certified; and\n- (b) comply with the greenhouse gas criterion.\n- (a) at least 30% of the sugar cane is accredited sugar cane; or\n- (b) when the biofuel is produced, the facility at which the biofuel is produced, or each supply chain entity for the biofuel, is certified under— (i) the International Sustainability and Carbon Certification system in accordance with— (A) the ISCC EU standard or the ISCC PLUS standard; or (B) a superseded version of the ISCC EU standard or the ISCC PLUS standard; or (ii) the RSB global standard or a superseded version of the RSB global standard; or (iii) an equivalent standard for a sustainability standard.\n- (i) the International Sustainability and Carbon Certification system in accordance with— (A) the ISCC EU standard or the ISCC PLUS standard; or (B) a superseded version of the ISCC EU standard or the ISCC PLUS standard; or\n- (A) the ISCC EU standard or the ISCC PLUS standard; or\n- (B) a superseded version of the ISCC EU standard or the ISCC PLUS standard; or\n- (ii) the RSB global standard or a superseded version of the RSB global standard; or\n- (iii) an equivalent standard for a sustainability standard.\n- (i) the International Sustainability and Carbon Certification system in accordance with— (A) the ISCC EU standard or the ISCC PLUS standard; or (B) a superseded version of the ISCC EU standard or the ISCC PLUS standard; or\n- (A) the ISCC EU standard or the ISCC PLUS standard; or\n- (B) a superseded version of the ISCC EU standard or the ISCC PLUS standard; or\n- (ii) the RSB global standard or a superseded version of the RSB global standard; or\n- (iii) an equivalent standard for a sustainability standard.\n- (A) the ISCC EU standard or the ISCC PLUS standard; or\n- (B) a superseded version of the ISCC EU standard or the ISCC PLUS standard; or","sortOrder":22},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Biofuel produced from only waste","content":"### sch.1-sec.4 Biofuel produced from only waste\n\nBiofuel produced from only waste must comply with the greenhouse gas criterion.\nsch 1 s 4 sub 2019 SL No. 220 s 4 (3)","sortOrder":23},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Other biofuel","content":"### sch.1-sec.5 Other biofuel\n\nBiofuel not otherwise mentioned in this part must—\nbe appropriately certified; and\ncomply with the greenhouse gas criterion.\nFor subsection (1) , biofuel is appropriately certified if, when the biofuel is produced, the facility at which the biofuel is produced, or each supply chain entity for the biofuel, is certified under—\nthe International Sustainability and Carbon Certification system in accordance with—\nthe ISCC EU standard or the ISCC PLUS standard; or\na superseded version of the ISCC EU standard or the ISCC PLUS standard; or\nthe RSB global standard or a superseded version of the RSB global standard; or\nan equivalent standard for a sustainability standard.\nsch 1 s 5 sub 2019 SL No. 220 s 4 (3)\n(sch.1-sec.5-ssec.1) Biofuel not otherwise mentioned in this part must— be appropriately certified; and comply with the greenhouse gas criterion.\n(sch.1-sec.5-ssec.2) For subsection (1) , biofuel is appropriately certified if, when the biofuel is produced, the facility at which the biofuel is produced, or each supply chain entity for the biofuel, is certified under— the International Sustainability and Carbon Certification system in accordance with— the ISCC EU standard or the ISCC PLUS standard; or a superseded version of the ISCC EU standard or the ISCC PLUS standard; or the RSB global standard or a superseded version of the RSB global standard; or an equivalent standard for a sustainability standard.\n- (a) be appropriately certified; and\n- (b) comply with the greenhouse gas criterion.\n- (a) the International Sustainability and Carbon Certification system in accordance with— (i) the ISCC EU standard or the ISCC PLUS standard; or (ii) a superseded version of the ISCC EU standard or the ISCC PLUS standard; or\n- (i) the ISCC EU standard or the ISCC PLUS standard; or\n- (ii) a superseded version of the ISCC EU standard or the ISCC PLUS standard; or\n- (b) the RSB global standard or a superseded version of the RSB global standard; or\n- (c) an equivalent standard for a sustainability standard.\n- (i) the ISCC EU standard or the ISCC PLUS standard; or\n- (ii) a superseded version of the ISCC EU standard or the ISCC PLUS standard; or","sortOrder":24},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":25},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":null,"content":"### Section sch.1-sec.6\n\nsch 1 s 6 om 2019 SL No. 220 s 4 (3)","sortOrder":26},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":null,"content":"### Section sch.1-sec.7\n\nsch 1 s 7 om 2019 SL No. 220 s 4 (3)","sortOrder":27},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":null,"content":"### Section sch.1-sec.8\n\nsch 1 s 8 om 2019 SL No. 220 s 4 (3)","sortOrder":28}],"analysis":{"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"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation appears to operate within its intended scope — it is a subordinate instrument (a regulation made under the Liquid Fuel Supply Act) that does exactly what such regulations are designed to do: fill in the technical detail (volume thresholds, sustainability criteria, certification pathways) that the parent Act left to be prescribed. The 2019 amendments updated and substituted the biofuel certification criteria, but this is a refinement of scope rather than an expansion or contraction of the regulation's fundamental purpose."},"complexity_factors":["Multiple layers of certification standards (RSPO, ISCC EU, ISCC PLUS, RSB global) requiring knowledge of international frameworks","Differentiated sustainability rules based on feedstock type (palm oil, sugar cane, waste, other), creating a branching compliance structure","Technical greenhouse gas lifecycle assessment requirements referencing specific ISO standards (14040:2006 and 14044:2006)","Interplay between the regulation and the parent Act, requiring cross-referencing to understand the full legal picture","Administrative process for approving equivalent standards, including deemed refusal rules and QCAT appeal rights","Transitional provisions that override the main rules for pre-commencement production","The 'supply chain entity' concept extends obligations beyond just the producer to others in the chain","References to external programs (Smartcane BMP) and external organisations (Queensland Cane Growers Organisation Ltd) not defined within the regulation itself"],"plain_english_summary":"This regulation supports Queensland’s Liquid Fuel Supply Act by setting a 500,000‑litre/year retail threshold for certain obligations and defining sustainability rules for biofuels. It requires lifecycle (ISO‑aligned) greenhouse‑gas savings (generally at least 20%) plus specified certifications or sourcing conditions that vary by feedstock (palm, sugar cane, waste, others). It allows businesses to seek equivalent standards (with environmental checks) and appeal refusals; fuel producers, blenders, large retailers and certifiers are chiefly affected."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Annotations in the text show post-enactment amendments (2019 SL No. 220) that broadened acceptable assessment methods (adding the RSB lifecycle methodology) and clarified certification pathways for feedstocks (sec.5 note; sch.1 annotations). Several schedule subsections are marked omitted, and a transitional provision preserves pre-commencement environmental approvals for biofuel produced before the regulation began (sec.12), together altering how sustainability is assessed and which products qualify compared with the instrument’s original drafting."},"complexity_factors":["Technical GHG test requiring a lifecycle assessment compliant with ISO 14040:2006 and ISO 14044:2006, or the RSB lifecycle methodology for certified fuel (sch.1-sec.1).","Multiple, feedstock-specific certification pathways and thresholds: RSPO or equivalent for palm oil (sch.1-sec.2); accredited sugarcane or ISCC/RSB certification for sugar cane (sch.1-sec.3); and certification or GHG compliance for waste feedstocks (sch.1-sec.4–5).","Discretionary approval of ‘equivalent standards’ by the chief executive (environment) requiring comparative assessment of sustainability measures and environmental impacts (secs 6–9).","Administrative procedure and timelines: approved application form, requests for further information, deemed refusal if no notice within 40 days, and mandatory notice within 10 days of a decision (secs 8–10).","External review route to QCAT for refusals via a QCAT information notice (sec.11), adding judicial-review style risk and process costs.","Transitional carve-out preserving pre-commencement biofuel produced under prior environmental approvals (sec.12), complicating compliance for legacy stock and record-keeping.","Cross-references to other legislation and agencies (the Act, the Environmental Protection Act 1994, and the environment department) increase interpretive dependencies (secs 3, 7, sch.1).","Document maintenance: explicit amendment and omission notes (2019 SL No. 220 and several sch.1 sections marked ‘om’) create versioning complexity for users and enforcement."],"plain_english_summary":"This regulation sets rules for liquid fuel supply compliance: it prescribes a retailer threshold (500,000 L), defines sustainability criteria for biofuels (including a ≥20% lifecycle GHG reduction test), lists accepted certification systems for specific feedstocks (palm oil, sugar cane, waste) and creates an approvals process for ‘‘equivalent’’ sustainability standards run by the chief executive (environment). It affects fuel retailers, biofuel producers and certifiers by changing who must meet standards, what verification is required, and how equivalence and disputes are decided."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.10(3)-(4)","severity":"high","reasoning":"Section 10(3)-(4) deems the chief executive to have refused approval if no notice is given within 40 days. Section 10(2) requires that a refusal decision must be accompanied by a QCAT information notice. Section 11 allows review only for persons 'given, or entitled to be given, a QCAT information notice under section 10(2)'. However, a deemed refusal under s10(4) occurs precisely because no notice was given — meaning the QCAT information notice required by s10(2) was never issued. While s11 attempts to cover this with 'entitled to be given', the mechanism for triggering the entitlement (a formal decision under s9) has not occurred either, since the deemed refusal substitutes for an actual decision. This creates ambiguity about whether the applicant can meaningfully exercise review rights and whether the 10-day notice obligation in s10(1) is ever triggered for a deemed refusal.","confidence":0.78,"description":"Deemed refusal without QCAT information notice creates a reviewable decision without the required notice"},{"type":"circular_definition","section":"sch.1-sec.1(2)(b)","severity":"high","reasoning":"Schedule 1, section 1(2)(b) references 'biofuel mentioned in section 5 that is appropriately certified under section 5(2)(b)'. Section 5 of the regulation contains no subsection (2)(b) — it has two subsections prescribing sustainability criteria for biobased diesel and biobased petrol respectively, neither of which contains a paragraph (b) dealing with RSB certification. This is a dangling cross-reference that makes the RSB lifecycle methodology pathway for GHG calculation effectively unworkable, as the triggering condition cannot be satisfied.","confidence":0.85,"description":"Cross-reference to 'section 5(2)(b)' which does not exist in the regulation"},{"type":"other","section":"sch.1-sec.3(2)(a)","severity":"medium","reasoning":"Under sch.1-sec.3(2)(a), biofuel from sugar cane is 'appropriately certified' if at least 30% of the sugar cane is accredited sugar cane under the Smartcane BMP program. This means up to 70% of the feedstock can be entirely unaccredited and unsustainably produced, yet the biofuel qualifies as sustainably certified. This is logically inconsistent with the stated purpose of prescribing sustainability criteria — a majority of the feedstock can fail to meet any sustainability standard and the product is still deemed sustainable.","confidence":0.82,"description":"30% accredited sugar cane threshold creates a perverse incentive and does not guarantee sustainability of the majority of feedstock"},{"type":"other","section":"sec.4","severity":"low","reasoning":"Section 4 states the 500,000L threshold and then immediately repeats the identical text in an unnumbered subsection. While this appears to be a drafting/formatting error rather than a substantive flaw, it creates ambiguity about whether there are two operative provisions or one, and whether they could ever be interpreted differently.","confidence":0.72,"description":"Section 4 duplicates its entire operative provision in a subsection, creating identical text with no discernible legal distinction"},{"type":"retroactive_impossibility","section":"sec.12","severity":"low","reasoning":"Section 12 prescribes sustainability criteria for biofuel produced in Australia 'before the commencement' (1 January 2017). The regulation was made in 2016 and commenced 2017. There is no time limit on how far before commencement the production must have occurred, nor any sunset on this transitional provision. Technically, any biofuel with an environmental approval produced at any time before 1 January 2017 would qualify regardless of how old it is, which is practically absurd for a perishable fuel product. More significantly, the provision imposes no requirement to hold a more rigorous sustainability certification, meaning historically produced fuel with only a basic environmental authority permanently qualifies as 'sustainable' under this pathway with no expiry.","confidence":0.65,"description":"Transitional provision applies to biofuel 'produced before commencement' but commencement is 1 January 2017 — any such biofuel may no longer exist in the supply chain, making the provision practically impossible to trigger retrospectively"},{"type":"self_contradicting","section":"sec.9(1) and sec.9(3)","severity":"medium","reasoning":"Section 9(1) states the chief executive 'must' either approve or refuse — imposing a mandatory decision obligation. Section 9(3) then states the chief executive 'may' refuse if further information is not provided. The discretionary 'may' in s9(3) sits awkwardly against the mandatory 'must' in s9(1). If the CE chooses not to exercise the discretion under s9(3), they are still obliged under s9(1) to make a decision, but without the information needed under s9(2) to properly assess the application. This creates a situation where the CE is compelled to decide without adequate information if they choose not to refuse under s9(3).","confidence":0.7,"description":"Chief executive 'must' decide (approve or refuse) but also 'may' refuse for non-compliance with information request — creating an obligation that can be discharged by discretionary refusal"}],"contradictions":[{"severity":"medium","section_a":"sec.10(1)","section_b":"sec.10(3)","confidence":0.8,"description":"Conflict between the 10-day notice obligation after a decision and the 40-day deemed refusal period"},{"severity":"medium","section_a":"sec.7(1)","section_b":"sec.9(2)(a)","confidence":0.73,"description":"Section 7(1) requires the CE to be satisfied the standard provides measures 'at least equivalent' to the sustainability standard before approving, but section 9(2)(a) only requires the CE to 'have regard to' the comparison of sustainability measures — the latter is a weaker obligation that does not mandate the s7(1) equivalence threshold be met as a precondition to approval"},{"severity":"medium","section_a":"sch.1-sec.2(1)","section_b":"sch.1-sec.4","confidence":0.85,"description":"Biofuel produced from palm oil combined with waste must comply with both appropriateness certification and greenhouse gas criterion (sch.1-sec.2), but biofuel produced from 'only waste' need only comply with the greenhouse gas criterion (sch.1-sec.4). A blend of palm oil and waste falls under sec.2 by the 'whether or not in combination with another source' language, imposing stricter requirements than if the product were waste-only, even where the palm oil component is negligible. There is no de minimis threshold."},{"severity":"medium","section_a":"sch.1-sec.3(2)(a)","section_b":"sch.1-sec.3(2)(b)","confidence":0.88,"description":"The two pathways for 'appropriate certification' of sugar cane biofuel are internally inconsistent in their rigour. Pathway (a) requires only 30% of feedstock to be Smartcane-accredited with no supply chain certification requirement. Pathway (b) requires full supply chain or facility certification under internationally recognised standards. A producer can choose the far less rigorous pathway (a) and achieve the same legal status of 'appropriately certified', undermining the purpose of the more rigorous standards in pathway (b)."},{"severity":"low","section_a":"sec.5","section_b":"sec.12(3)","confidence":0.68,"description":"Section 5 prescribes the sustainability criteria in schedule 1 part 2 as the applicable criteria. Section 12(3) states that s12(1) and (2) apply 'despite section 5 and schedule 1', effectively creating a permanent parallel and less rigorous sustainability criteria regime for pre-commencement biofuel with no sunset clause. The override is indefinite and unqualified, meaning the transitional provision permanently displaces the substantive criteria for any qualifying pre-2017 production."}]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose of operationalizing Queensland's biofuel mandate. The 2019 amendments streamlined certification requirements (removing sections 6, 7, and 8 of Schedule 1) and added the RSB methodology as an alternative compliance pathway, but these changes refined rather than expanded the scope. The core framework—threshold amounts, sustainability criteria, and equivalent standards approval—remains aligned with the original intent of ensuring biofuels meet environmental standards."},"complexity_factors":["Multiple nested certification pathways with 'or' conditions (e.g., sugar cane biofuel can qualify via 30% Smartcane accreditation OR facility certification OR supply chain entity certification)","Extensive cross-referencing to external standards (ISO 14040:2006, ISO 14044:2006, RSPO, ISCC EU, ISCC PLUS, RSB global standard) and superseded versions of those standards","Conditional logic for greenhouse gas calculations with alternative methodologies (lifecycle assessment vs. RSB methodology)","Administrative decision-making framework with time limits (40 days), information requests, and deemed refusal provisions","Interplay between the Regulation and Schedule 1 of the parent Act, with transitional provisions that override current rules ('despite' clause in section 12)","Multiple definitions of 'environmental approval' depending on jurisdiction (Queensland vs. other States/Commonwealth)","Amendment history visible in text (2019 amendments) showing evolution of certification requirements"],"plain_english_summary":"This regulation sets the rules for Queensland's biofuel mandate system, which requires fuel sellers to blend renewable biofuels into petrol and diesel.\n\n**What it does:**\n- **Sets a threshold for small retailers**: Fuel retailers who sell less than 500,000 litres per year are exempt from the biofuel mandate requirements.\n- **Defines 'sustainable' biofuels**: To count toward the mandate, biofuels must meet strict environmental criteria. The regulation specifies different rules depending on what the biofuel is made from:\n  - **Palm oil**: Must be certified under the RSPO standard (a sustainability certification for palm oil) and cut greenhouse gas emissions by at least 20% compared to regular fuel.\n  - **Sugar cane**: Must either contain at least 30% cane from Queensland's 'Smartcane' sustainable farming program, OR be certified under international standards (ISCC or RSB), AND meet the 20% emissions reduction target.\n  - **Waste-based biofuels**: Only need to meet the 20% emissions reduction (no certification required).\n  - **Other biofuels**: Must be certified under ISCC or RSB standards and meet the emissions target.\n- **Allows alternative standards**: The chief executive of the environment department can approve other sustainability standards as 'equivalent' if they provide the same level of environmental protection. Companies can apply for this approval, and decisions can be reviewed by QCAT (Queensland's administrative tribunal).\n- **Grandfathers existing production**: Biofuel made in Australia before this regulation started counts as 'sustainable' if it was made under an environmental approval.\n\n**Who it affects:**\n- Fuel retailers in Queensland (particularly those near the 500,000L threshold)\n- Biofuel producers and importers\n- Companies seeking approval for alternative sustainability standards\n\n**Why it matters:**\nThis regulation ensures that when Queenslanders buy fuel containing biofuels, those biofuels actually deliver environmental benefits—not just on paper, but verified through recognized international standards. It prevents 'greenwashing' where unsustainable biofuels (like palm oil from cleared rainforests) could count toward renewable fuel targets."}},"importantCases":[],"_links":{"self":"/api/acts/liquid-fuel-supply-regulation-2016","history":"/api/acts/liquid-fuel-supply-regulation-2016/history","analysis":"/api/acts/liquid-fuel-supply-regulation-2016/analysis","conflicts":"/api/acts/liquid-fuel-supply-regulation-2016/conflicts","importantCases":"/api/acts/liquid-fuel-supply-regulation-2016/important-cases","documents":"/api/acts/liquid-fuel-supply-regulation-2016/documents"}}