Liquid Fuel Supply Regulation 2016

This regulation may be cited as the Liquid Fuel Supply Regulation 2016.

This regulation commences on 1 January 2017.

The dictionary in schedule 2 defines particular words used in this regulation.

For the Act, section 35A(5), definition threshold amount,paragraph (a), the amount prescribed is 500,000L.

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.

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.

This division provides for the chief executive (environment) to approve a standard as an equivalent standard for a sustainability standard.

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.

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.

In this section—environment department means the department in which the Environmental Protection Act 1994 is administered.

A person may apply to the chief executive (environment) to approve a standard under this division.

The application must—

be made in the approved form; and

give the information necessary to enable the chief executive (environment) to decide the application.

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.

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.

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.

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.

The chief executive (environment) must, within 10 days after making a decision under section 9, give the person notice of the decision.

If the chief executive (environment)’s decision is to refuse to approve the standard, the notice must be a QCAT information notice.

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.

The chief executive (environment) is taken to have refused to approve the standard.

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.

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.

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.

Subsections (1) and (2) apply despite section 5 and schedule 1.

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.