159Limits on sulfur content of liquid fuel

159 Limits on sulfur content of liquid fuel

159 Limits on sulfur content of liquid fuel

(1) A person must not operate fixed or stationary fuel burning equipment using liquid fuel, other than diesel, if the fuel has a sulfur content, as measured in accordance with ASTM D5453—

(a) for equipment in a relevant area—of more than 0.5% by weight, or

(b) otherwise—of more than 2.5% by weight.

Maximum penalty—

(a) for a corporation—200 penalty units, or

(b) for an individual—50 penalty units.

(2) A person must not operate fuel burning equipment powered by a reciprocating internal combustion engine using diesel, if the fuel has a sulfur content of more than the sulfur content specified for diesel—

(a) in a fuel standard determined under the Fuel Quality Standards Act 2000 of the Commonwealth, section 21, or

(b) in an approval granted under the Fuel Quality Standards Act 2000 of the Commonwealth, section 13.

Maximum penalty—

(a) for a corporation—200 penalty units, or

(b) for an individual—50 penalty units.

(3) Subsection (2) does not apply to a regulated Australian vessel within the meaning of the Navigation Act 2012 of the Commonwealth, section 15.

(4) It is a defence to a prosecution for an offence under this section if the person proves—

(a) the liquid fuel was supplied under an order placed by the person for liquid fuel conforming to the relevant requirements of this section, and

(b) the person reasonably believed the sulfur content of the liquid fuel conformed to the requirements.

(5) In this section—

diesel has the same meaning as in the Fuel Quality Standards (Automotive Diesel) Determination 2019 of the Commonwealth.

relevant area means—

(a) Sydney Metropolitan Area, and