Product Stewardship (Oil) Declaration 2003
I, DAVID ALISTAIR KEMP, Minister for the Environment and Heritage, make this Declaration under the definitions of gazetted oil and gazetted use in subsection 6 (1) of the Product Stewardship (Oil) Act 2000.
Dated 4 November 2003
DAVID KEMP
Minister for the Environment and Heritage
1 Name of Declaration
This Declaration is the Product Stewardship (Oil) Declaration 2003.
2 Commencement
This Declaration commences on 1 December 2003.
3 Declaration of gazetted oils and gazetted uses
(1) Each kind of oil specified in column 2 of an item in Schedule 1 is declared to be a gazetted oil.
(2) Each use specified in column 3 of an item in Schedule 1, that occurs on or after 27 March 2003, is declared to be a gazetted use in relation to the kind of oil specified in column 2 of the item.
Schedule 1 Gazetted oils and gazetted uses on or after 27 March 2003
(section 3)
Item | Gazetted oil | Gazetted use |
1 | Naphthenic process oil | Incorporation into any of the following: (a) a dedusting composition for insulating material; (b) a dewatering flocculant composition; (c) a mould release composition; (d) an adhesive; (e) an explosive of the Ammonium Nitrate Fuel Oil (ANFO) type; (f) an ink, varnish or resin for printing; (g) a paint defoamer; (h) a rock drilling composition; (i) a rubber compound |
2 | Paraffinic process oil | Incorporation into any of the following: (a) a dedusting composition for insulating material; (b) a dewatering flocculant composition; (c) a mould release composition; (d) an adhesive; (e) an agricultural spray; (f) an anti-bloat composition; (g) an explosive of the Ammonium Nitrate Fuel Oil (ANFO) type; (h) an ink, varnish or resin for printing; (i) a personal care product; (j) a rock drilling composition; (k) a rubber compound |
3 | Paraffinic (C14-17) process oil | Incorporation, by the process of chlorination, into a medium chain chlorinated hydrocarbon |
4 | Petroleum jelly | Incorporation into an ink, varnish or resin for printing |
5 | Polyisobutylene succinic anhydride (PIBSA) | Incorporation into an explosive composition |
6 | Vegetable-derived polyethers | Incorporation into a textile fibre lubricant |
7 | White mineral oil | Incorporation into a personal care product |
Note If incorporation of a gazetted oil into a particular product is declared to be a gazetted use, a claim under subsection 9 (3) of the Product Stewardship (Oil) Act 2000 for product stewardship (oil) benefits in relation to that use may only be made by a person who incorporates the oil into the product and not by a person who uses the product after the oil has been incorporated into it.
Overview
The Product Stewardship (Oil) Declaration 2003 was made under the Product Stewardship (Oil) Act 2000 to address the need for a framework governing the stewardship of certain oils used in various industrial and consumer products. This legislative instrument was enacted by David Alistair Kemp, the Minister for the Environment and Heritage, and came into effect on 1 December 2003. The primary policy objective of this declaration is to clearly define which oils and uses are subject to product stewardship obligations, ensuring that those directly incorporating the oils into products are responsible for their stewardship. This distinction aims to streamline accountability and facilitate the proper management of these oils throughout their lifecycle.
Scope and Application
The Product Stewardship (Oil) Declaration 2003 applies to specific kinds of oils and their uses as defined under the Product Stewardship (Oil) Act 2000. This Declaration, issued by the Minister for the Environment and Heritage, specifies which oils are considered gazetted oils and which uses of these oils are considered gazetted uses, with particular relevance to those uses occurring from 27 March 2003 onwards. The geographic and jurisdictional reach of this Declaration is national, applying throughout Australia as it is made under Commonwealth legislation. It does not specify exclusions, exemptions, or thresholds but identifies particular industrial applications and products where certain oils are used, thereby determining the scope of product stewardship obligations. The application of this Declaration may be further extended or restricted through subordinate instruments, which could include additional oils or uses as necessary, thereby adapting to evolving industrial practices and environmental considerations.
Key Provisions
The Product Stewardship (Oil) Declaration 2003, made under the authority of the Product Stewardship (Oil) Act 2000, serves to identify specific oils and their designated uses. This Declaration, which came into effect on 1 December 2003, aims to streamline the management and stewardship of these oils by clearly defining which oils and uses are covered under the Act. According to section 3, the oils specified in column 2 of Schedule 1 are declared as "gazetted oils," and the uses specified in column 3, occurring on or after 27 March 2003, are declared as "gazetted uses." This means that the oils listed, such as naphthenic process oil and paraffinic process oil, are subject to the provisions of the Act when used in the specified ways, like incorporation into dedusting compositions for insulating material or in the production of certain types of explosives.
The obligations imposed by the Declaration are primarily on those who incorporate gazetted oils into the specified products. Section 3(1) and (2) of the Declaration require that anyone incorporating these oils into products listed in the Schedule do so in accordance with the Act. This includes ensuring that any claim for product stewardship benefits related to these uses is made by the person who incorporates the oil into the product, as stated in subsection 9(3) of the Product Stewardship (Oil) Act 2000. Essentially, the responsibility for adhering to the Act's requirements falls on those directly involved in the incorporation process.
Failure to comply with the requirements set out in the Product Stewardship (Oil) Act 2000 or the Product Stewardship (Oil) Declaration 2003 may result in civil or criminal penalties. Although specific penalties are not detailed in the provided text, the Act generally provides for enforcement mechanisms to address non-compliance. This may include fines, legal action, or other sanctions as deemed necessary by the relevant authorities to ensure adherence to the provisions governing the stewardship of gazetted oils. The severity of these penalties would be determined by the nature and extent of the breach, and could potentially include maximum penalties as prescribed by law.