Product Stewardship (Oil) Amendment Regulations 2003 (No. 2)

Administered by Department of the Environment and Energy

Legislation au F2003B00306 Regulations Not in force Legislative Instrument

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Product Stewardship (Oil) Amendment Regulations 2003 (No. 2) 2003 No. 294

EXPLANATORY STATEMENT

Statutory Rules 2003 No. 294

Minute No. 12 of 2003 - Minister for the Environment and Heritage

Subject:       Product Stewardship (Oil) Act 2000

Product Stewardship (Oil) Amendment Regulations 2003 (No. 2)

Section 37 of the Product Stewardship (Oil) Act 2000 (the Act) provides that the Governor-General may make Regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Act reduces the environmental impact of waste oil by imposing a product stewardship (oil) levy on virgin oils and lubricants. The levy is used to fund the payment of product stewardship (oil) benefits to eligible recyclers of waste oil for appropriate waste oil products recycled and sold in Australia. Before these changes, the Product Stewardship (Oil) Regulations 2000 (the Regulations) specified seven categories of benefits payable to oil recyclers for recycled oil products.

The product stewardship (oil) levy arrangements currently apply to some multi-use oils with specific end-uses that do not create a recyclable waste stream and represent only low levels of risk to the environment. The Act was recently amended to provide an effective exemption for these oils and end-uses from the product stewardship (oil) levy. The amendments provide an entitlement to a product stewardship (oil) benefit for a gazetted oil and gazetted use, as declared by the Minister for the Environment and Heritage in a notice published in the Gazette. This type of product stewardship (oil) benefit is different to the other benefit categories (1 to 7) as it is a payment to an oil user rather than an oil recycler.

The Regulations add a new category to the product stewardship (oil) benefits, paid for a "gazetted oil consumed in Australia for a gazetted use". The amount of product stewardship (oil) benefit that can be claimed on this new category [category 8] is 5.449 cents per litre, which is equivalent to the product stewardship (oil) levy. The Minister for the Environment and Heritage will declare the gazetted oil and gazetted use in the Gazette.

Details of the Regulations are set out in the Attachment.

The Regulations commenced on 1 December 2003. Subsection 9(4) of the Act provides for a new category of benefits to be claimed from the date the Bill for the Product Stewardship (Oil) Legislation Amendment Act (No. 1) 2003 was introduced into Parliament (27 March 2003). The Regulations therefore have a specified retrospective effect. Subsection 48(2) of the Acts Interpretation Act 1901 provides that a regulation has no effect if it would take effect before the date of notification (i.e. 1 December 2003) and, as a result, liabilities would be imposed, or rights would be affected so as to disadvantage a person, other than the Commonwealth. The Commonwealth is the only party to bear a cost in relation to the effective retrospectivity of the Regulations. Therefore, the Regulations satisfy subsection 48(2) of the Acts Interpretation Act 1901, and may be validly made with retrospective effect.

Authority: Section 37 of the Product Stewardship (Oil) Act 2000

Attachment

Details of the Product Stewardship (Oil) Amendment Regulations 2003 (No. 2)

Regulation 1 provides that the name of the Regulations is the Product Stewardship (Oil) Amendment Regulations 2003 (No. 2).

Regulation 2 provides for the Regulations to commence on 1 December 2003.

Regulation 3 provides that Schedule 1 to the Product Stewardship (Oil) Amendment Regulations 2003 (No. 2) amends the Product Stewardship (Oil) Regulations 2000.

Schedule 1. Item 1

Subregulation 4(1), except the table-The subregulation is substituted.

This subregulation defines the eligibility to claim from the table:

(a) for a recycled oil - the amount relating to the first category in items 1 to 7 that applies. These categories reflect the different types of recycling that can be applied to used oil.

(b) for a gazetted oil for a gazetted use - the amount relating to item 8. This category is the new category.

Item 2

Table in Subregulation 4(1)-A new item (item 8) is added to the table. The category is gazetted oils and gazetted uses as declared by the Minister for the Environment and Heritage. The Amount (cents/1) of product stewardship (oil) benefit is 5.449 cents/1.

Item 3

Subregulation 4(l), Note-A note will be inserted, after the example, that the Minister will declare an oil or a use to be a gazetted oil or a gazetted use as defined in subsection 6 (1) of the Act.

 

Overview

The Product Stewardship (Oil) Amendment Regulations 2003 (No. 2) were enacted to amend the Product Stewardship (Oil) Regulations 2000, addressing a gap in the regulatory framework concerning certain oils with specific end-uses that do not create a recyclable waste stream and pose low environmental risks. This legislation was introduced to provide an exemption from the product stewardship (oil) levy for these particular oils and end-uses, while ensuring that oil users can still receive a benefit for recycled oil. The regulations were enacted by the Parliament of Australia and commenced on 1 December 2003, with a retrospective effect as allowed under the Acts Interpretation Act 1901. The overarching policy objective of these amendments is to streamline the product stewardship (oil) levy and benefit system, thereby improving the efficiency and effectiveness of the environmental management of waste oil in Australia.

Scope and Application

The Product Stewardship (Oil) Amendment Regulations 2003 (No. 2) amends the Product Stewardship (Oil) Regulations 2000 to implement changes introduced by the Product Stewardship (Oil) Legislation Amendment Act (No. 1) 2003. These regulations apply to entities involved in the production, importation, or use of virgin oils and lubricants in Australia, as well as to recyclers of waste oil. The regulations are designed to manage the environmental impact of waste oil by imposing a product stewardship (oil) levy on certain oils and providing benefits to eligible recyclers. The new regulations introduce an eighth category of benefits, payable for "gazetted oils consumed in Australia for a gazetted use," which are declared by the Minister for the Environment and Heritage. The amount of benefit for this new category is set at 5.449 cents per litre, equivalent to the product stewardship (oil) levy. These regulations have retrospective effect, applying from the date the amendment bill was introduced into Parliament, 27 March 2003, despite their commencement date of 1 December 2003, ensuring that the Commonwealth bears any associated costs. The regulations do not apply to oils and uses that have been exempted from the levy, as declared by the Minister.

Key Provisions

The Product Stewardship (Oil) Amendment Regulations 2003 (No. 2) introduce new provisions under the Product Stewardship (Oil) Act 2000. Section 37 of the Act allows the Governor-General to make regulations that are necessary or convenient for the Act's implementation, and these Regulations specify the matters required or permitted by the Act. The main change is the addition of a new category of product stewardship (oil) benefits. Specifically, Regulation 3(1) amends the Product Stewardship (Oil) Regulations 2000 to include a new category (item 8) for a "gazetted oil consumed in Australia for a gazetted use." This new category pertains to oils and uses declared by the Minister for the Environment and Heritage, which are specified in a notice published in the Gazette. The benefit amount for this new category is set at 5.449 cents per litre, equivalent to the product stewardship (oil) levy. These Regulations impose certain obligations on the parties involved. Firstly, they require the Minister for the Environment and Heritage to declare which oils and uses qualify as "gazetted." This declaration is to be published in the Gazette, as stated in Regulation 3(1), Note. Secondly, oil recyclers and oil users who qualify for the new category of benefits must ensure that their claims are supported by the appropriate documentation evidencing the use of a gazetted oil for a gazetted use. The Minister’s declaration and the table in Subregulation 4(1) provide the framework within which these claims are made and verified. Breach of these Regulations could lead to various consequences. For instance, if an oil recycler or oil user falsely claims a product stewardship (oil) benefit for a gazetted oil and use, they could be subject to civil or criminal penalties. While the specific penalties are not detailed in the explanatory statement, it is generally understood that misrepresentation in such claims could result in fines or other legal repercussions. The Act itself might prescribe specific penalties for non-compliance, which would need to be adhered to by those subject to the Regulations. However, the explanatory statement does not provide explicit details on the maximum penalties applicable for breaches.

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