9CSuspension of minimum biofuel requirements

9C Suspension of minimum biofuel requirements

9C Suspension of minimum biofuel requirements

(1) The Minister may by order published in the Gazette suspend the operation of a minimum biofuel requirement if satisfied that compliance with that requirement—

(a) is uneconomic as a result of the price at which volume fuel retailers are reasonably able to obtain ethanol or biodiesel or industry-wide ethanol or biodiesel shortages, as appropriate, or

(b) may result in a risk to public health or safety, or

(c) may have an adverse effect on the retail price of petrol or diesel fuel for motorists, or

(d) may have an adverse effect on grain or food stock availability, or

(e) may substantially inflate grain or food stock prices, or

(f) may have a significant adverse environmental impact on water availability or quality, soil fertility and health or biodiversity, or

(g) should be suspended for some other extraordinary reason.

Editorial note—

For orders under this subsection, see Gazettes No 105 of 17.7.2009, p 4110; No 133 of 10.12.2010, p 5811; No 66 of 30.6.2011, p 4667 and No 133 of 23.12.2011, p 7415. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.

(2) The Minister is not to suspend the operation of a minimum biofuel requirement without first referring the proposed suspension to the Expert Panel for advice and considering the advice of the Expert Panel on the proposed suspension.

(3) A suspension can be granted as a partial suspension specifying a percentage that is less than the minimum ethanol percentage or minimum biodiesel percentage applicable under section 6 or 7 (with the result that the relevant section then applies to require that the volume of ethanol or biodiesel sold by a volume fuel retailer during a relevant period covered by the suspension is not less than that specified percentage of the total volume of all petrol or diesel fuel (as appropriate) sold by the volume fuel retailer during the relevant period).

(4) A suspension granted for a specified period remains in force for that period.

(5) A suspension that is not granted for a specified period (an indefinite suspension) remains in force until it is revoked.