Environmental Protection Amendment Regulations 1998 (WA)

1972	GOVERNMENT GAZETTE, WA	13 April 1998
EP302*

ENVIRONMENTAL PROTECTION ACT 1986

ENVIRONMENTAL PROTECTION AMENDMENT REGULATIONS 1998

Made by the Governor in Executive Council on the recommendation of the Environmental

Protection Authority.

Citation

1.These regulations may be cited as the Environmental Protection Amendment

Regulations 1998.

Commencement

2.These regulations come into operation on the day on which the Unleaded Petrol Repeal

Act 1995* comes into operation.

(b) corrected to 15 degrees Celsius.

[ * Act No. 54 of 19951

Regulation 17 repealed and regulations substituted

3.Regulation 17 of the Environmental Protection Regulations 1987* is repealed and the

following regulations are substituted —

Interpretation

17. (1) In this Part —

"ASTM" followed by a designation refers to the test method having that des-

ignation that is published by the American Society for Testing and Mate-

rials in the "1995 Annual Book of ASTM Standards";

"IP"	followed by a designation refers to the test method having that designa-
tion that is published by the Institute of Petroleum in the "Standard Meth- ods for Analysis and Testing of Petroleum and Related Products 1995";

"petrol" means a liquid fuel or mixture of fuels of a kind used in internal

combustion spark ignition engines but does not include aviation fuel;

"unleaded petrol" means petrol that contains —

(a)	not more than 0.013 grams of lead per litre; and
(b)	not more than 0.0013 grams of phosphorus per litre.

(2) For the purposes of this Part the amount of lead in petrol is the amount —

(a) determined in accordance with IP 352/84; and

3 April 19981 GOVERNMENT GAZETTE, WA 1973

(3) For the purposes of this Part the amount of phosphorous in petrol is the

amount —

(a)	determined in accordance with ASTM D 3231 - 94; and
(b)	corrected to 15 degrees Celsius.

Sale of petrol — offences
18. (1) A person shall not sell petrol containing more than 0.20 grams of lead

per litre.

Penalty: $200.

(2) A person shall not sell as unleaded petrol any substance which is not

unleaded petrol.

Penalty: $200.

Defences
19. (1) In proceedings for an offence against regulation 18 (1) or (2) it is a de-

fence for the person charged to prove that the petrol was sold for use —

(a) in a vehicle participating in a racing event or contest at a place that is not

a road; or

(b)	in a vehicle being tested at a place which is not a road.
(2)	In proceedings for an offence against regulation 18 (1) it is a defence for the

person charged to prove that —

(a) the person purchased the petrol with a warranty referred to in regula-

tion 20 (1) (a); and

(b) at the time of the alleged offence the petrol was in the same state as when

it was purchased.

(3) In proceedings for an offence against regulation 18 (2) it is a defence for the

person charged to prove that —

(a)	the person purchased the petrol with a warranty referred to in regulation 20 (1) (b); and
(h)	at the time of the alleged offence the petrol was in the same state as when it was purchased.

Warranties

20. (1) A person who purchases petrol for resale may demand from the vendor

a warranty in writing that —

(a)	the lead content of the petrol does not exceed 0.20 grams per litre; or
(b)	the petrol is unleaded petrol.

(2) A vendor shall not —

(a)	fail or refuse to provide a warranty demanded under subregulation (1); or
(b)	provide a warranty under subregulation (1) that is false or misleading in

any respect.

Penalty: $200. ft

[* Reprinted as at 4 December 1995.

For amendments to 4 February 1998 see 1996 Index to Legislation of Western

Australia, Table 4, pp. 72-3 and Gazette 12 September 1997.]

Recommended by the Environmental Protection Authority. BERNARD BOWEN, Chairman.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.