sec.35GGranting exemption

sec.35G Granting exemption

The Minister may, on application by a fuel seller in the approved form, exempt the fuel seller from complying with a sustainable biofuel requirement for a stated period if the Minister is satisfied— the fuel seller can not get enough sustainable biofuel or sustainable biofuel blend to comply with the requirement because of a shortage in the supply of the biofuel or blend; or complying with the requirement would threaten the viability of the fuel seller’s business; or there are other extraordinary circumstances justifying the grant of the exemption. The Minister may do the following before granting the exemption— consult with stakeholders; arrange for the fuel seller’s business to be audited; ask the fuel seller to give further information relevant to the application. If the fuel seller does not comply with subsection (2) (c) within 14 days after being asked for the further information, the application is taken to have been withdrawn. The Minister may grant an exemption on stated conditions. Without limiting subsection (4) , a condition may require the fuel seller to sell a stated amount of sustainable biofuel, in a calendar quarter, that is less than the amount required under the sustainable biofuel requirement. s 35G ins 2015 No. 31 s 6 (sec.35G-ssec.1) The Minister may, on application by a fuel seller in the approved form, exempt the fuel seller from complying with a sustainable biofuel requirement for a stated period if the Minister is satisfied— the fuel seller can not get enough sustainable biofuel or sustainable biofuel blend to comply with the requirement because of a shortage in the supply of the biofuel or blend; or complying with the requirement would threaten the viability of the fuel seller’s business; or there are other extraordinary circumstances justifying the grant of the exemption. (sec.35G-ssec.2) The Minister may do the following before granting the exemption— consult with stakeholders; arrange for the fuel seller’s business to be audited; ask the fuel seller to give further information relevant to the application. (sec.35G-ssec.3) If the fuel seller does not comply with subsection (2) (c) within 14 days after being asked for the further information, the application is taken to have been withdrawn. (sec.35G-ssec.4) The Minister may grant an exemption on stated conditions. (sec.35G-ssec.5) Without limiting subsection (4) , a condition may require the fuel seller to sell a stated amount of sustainable biofuel, in a calendar quarter, that is less than the amount required under the sustainable biofuel requirement.

• (a) the fuel seller can not get enough sustainable biofuel or sustainable biofuel blend to comply with the requirement because of a shortage in the supply of the biofuel or blend; or
• (b) complying with the requirement would threaten the viability of the fuel seller’s business; or