Product Stewardship (Oil) Regulations 2000

Product Stewardship (Oil) Regulations 2000

Statutory Rules No. 199, 2000

made under the

Product Stewardship (Oil) Act 2000

Compilation No. 11

Compilation date: 31 March 2022

Includes amendments up to: Act No. 14, 2022

Registered: 20 April 2022

About this compilation

This compilation

This is a compilation of the Product Stewardship (Oil) Regulations 2000 that shows the text of the law as amended and in force on 31 March 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name of Regulations

3 Definitions

Part 2—Entitlement to product stewardship (oil) benefits

4 Amount of product stewardship benefit

4AA Additional amount of benefit—re‑refined base oil

4A Additional amount of benefit—industrial burning oils

5 Period for claiming amount in item 9

Part 3—Application and transitional provisions

6 Amendments made by the Product Stewardship (Oil) Amendment Regulation 2014

Schedule 1—Re‑refined base oil criteria

1 Mutagenicity

2 Poly‑aromatic hydrocarbons

3 Polychlorinated biphenyls

4 Polychlorinated dibenzo‑p‑dioxins

5 Total acid number

6 Heavy metals

7 Appearance

Schedule 2—Petroleum product criteria

1 Density

2 Duty

3 Use

4 References to ASTM tests

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name of Regulations

  These Regulations are the Product Stewardship (Oil) Regulations 2000.

3  Definitions

 (1) In these Regulations:

Act means the Product Stewardship (Oil) Act 2000.

base oil means an oil that is free from contaminants or additives and to which other substances may be added for a particular application.

independent laboratory means a laboratory that:

 (a) is independent of the person making the claim for product stewardship (oil) benefit; and

 (b) operates at arm’s length from the person; and

 (c) has appropriate facilities, resources and expertise to conduct the tests necessary for the purposes of Schedule 1.

re‑refined—see subregulation (2).

 (2) For the purposes of these Regulations, a used oil has been re‑refined if it has been restored to the condition of a base oil:

 (a) by either:

 (i) thin film evaporation; or

 (ii) vacuum distillation;

  followed by either:

 (iii) solvent extraction; or

 (iv) hydrofinishing; or

 (b) by another process approved for this subregulation by the Minister as being:

 (i) consistent with the objects of the Act; and

 (ii) similar in purpose and effect to the processes mentioned in paragraph (a).

Part 2—Entitlement to product stewardship (oil) benefits

4  Amount of product stewardship benefit

 (1) For subsection 10 (1) of the Act, the amount of product stewardship (oil) benefit for a claim period is:

 (a) for a recycled oil:

 (i) the amount mentioned in column 3 of the first category in items 1 to 7 in the following table that applies to the recycled oil; or

 (ii) if the first category that applies to the recycled oil is in item 5 or 6 of the table, and the category in item 9 of the table also applies to the recycled oil:

 (A) the amount mentioned in column 3 of the first category in item 5 or 6 of the table that applies to the recycled oil, for the total quantity of that recycled oil; and

 (B) the amount in column 3 of item 9 of the table, for the quantity of recycled oil that has been blended with a petroleum product that meets the criteria in Schedule 2; and

 (b) for gazetted oil for a gazetted use—the amount covered by column 3 of item 8 in the following table.

Examples for item 2

Chain bar oil, oil incorporated into a manufactured product.

Example for subparagraph 4 (1) (a) (ii)

If an entity blends diesel with 100 litres of oil mentioned in item 5 to create a petroleum product that meets the criteria in Schedule 2, and then blends that petroleum product with a further 10 litres of oil mentioned in item 5, the entity can claim the amount in column 3 of item 5 for 110 litres and the amount in column 3 of item 9 for 10 litres.

Note: The Minister may, by notice published in the Gazette, declare an oil or a use to be a gazetted oil or a gazetted use (see the definitions of gazetted oil and gazetted use in subsection 6 (1) of the Act).

 (1A) For the purposes of column 3 of item 8 in the table in subregulation (1), the amount is:

 (a) in relation to the consumption of gazetted oil for a gazetted use during the period beginning on 30 March 2022 and ending at the end of 28 September 2022—4.3 cents per litre; or

 (b) in relation to the consumption of gazetted oil for a gazetted use during any other period—8.5 cents per litre.

 (2) However:

 (a) if an oil is a gazetted oil for a gazetted use and a recycled oil to which any of the categories in items 3 to 7 in the table apply, the amount of product stewardship (oil) benefit for a claim period is the amount mentioned in column 3 of the first category in items 3 to 7 that applies to the oil; and

 (b) no product stewardship (oil) benefit is payable in respect of oil (including gazetted oil obtained through recycling) that is to undergo further recycling before it is sold to the end user; and

 (c) if the amount mentioned in column 3 of item 9 of the table in subregulation 4 (1) is payable and any drawback, refund, rebate or remission of duty of excise on the recycled oil concerned:

 (i) was paid or given before the time the entitlement to that amount arose; or

 (ii) is paid or given at or after the time the entitlement to that amount arises;

  the amount mentioned in column 3 of item 9 of the table for that recycled oil is reduced by the amount of the drawback, refund, rebate or remission.

 (3) For item 1 of the table to subregulation (1):

 (a) an independent laboratory must test the oil against the criteria mentioned in Schedule 1; and

 (b) the test results must be given to the Commissioner:

 (i) with the first claim for benefit; and

 (ii) at intervals of not more than 6 months while the benefit is being claimed.

 (4) For paragraph (3) (a), a sample may be tested only if an employee of an independent laboratory certifies that:

 (a) the sample is representative of a production run of the product; and

 (b) he or she is satisfied that the sample was not tampered with after it was collected and before it was dispatched to the laboratory.

 (5) For paragraph (3) (a), the independent laboratory undertaking the test must certify that the sample tested was not tampered with after receipt by the laboratory and before testing.

4AA  Additional amount of benefit—re‑refined base oil

Application of regulation

 (1) This regulation applies if:

 (a) product stewardship (oil) benefit is payable in respect of recycled oil for a claim period; and

 (b) apart from this regulation, the amount of the benefit is the amount mentioned in item 1 of the table in subregulation 4(1) (about re‑refined base oil); and

 (c) the entitlement to the benefit arose or arises:

 (i) on or after 1 July 2020; and

 (ii) on or before 31 December 2020.

 (2) For the purposes of subregulation (1), it does not matter:

 (a) whether a claim for payment of the benefit was made before, on or after the commencement of this regulation; and

 (b) whether any amount of the benefit was paid before that commencement.

Additional amount

 (3) If this regulation applies, the benefit includes an amount of 12 cents/l in addition to the amount mentioned in item 1 of the table in subregulation 4(1).

4A  Additional amount of benefit—industrial burning oils

Application of regulation

 (1) This regulation applies if a person is receiving an amount of product stewardship (oil) benefit under item 5 or 6 of the table in subregulation 4 (1).

Additional amount

 (2) If this regulation applies, the benefit includes an additional amount specified in column 3 of an item of the following table for an entitlement that arises in the period specified in column 2 of that item in the table.

5  Period for claiming amount in item 9

  An entitlement to the amount mentioned in column 3 of item 9 of the table in subregulation 4 (1):

 (a) arises if the recycled oil concerned is or was sold or consumed after 31 January 2004; and

 (b) ceases if the recycled oil concerned is sold or consumed after 30 June 2006.

Part 3—Application and transitional provisions

6  Amendments made by the Product Stewardship (Oil) Amendment Regulation 2014

  The amendment of these Regulations made by item 3 of Schedule 1 to the Product Stewardship (Oil) Amendment Regulation 2014 applies in relation to gazetted oil that is consumed on or after 1 July 2014.

Schedule 1—Re‑refined base oil criteria

(regulation 4, table, item 1)

Note: The purpose of the criteria in this Schedule is to ensure that re‑refined base oil, for which a product stewardship benefit is payable, is of a quality that is not damaging to the health and safety of workers and users of the oil.

1  Mutagenicity

  The oil must be non‑carcinogenic, demonstrated by having a mutagenicity index of less than 1 using the Modified Ames Test.

2  Poly‑aromatic hydrocarbons

 (1) The oil must contain less than the following for each kilogram of oil:

 (a) 10 mg of benzo(a)pyrene;

 (b) 10 mg of dibenz(ah)anthracene;

 (c) 100 mg of benz(a)anthracene;

 (d) 100 mg of benzo(b)fluoranthene;

 (e) 100 mg of benzo(k)fluoranthene;

 (f) 100 mg of chrysene;

 (g) 100 mg of indeno(123‑cd)pyrene.

 (2) The total amount of poly‑aromatic hydrocarbons mentioned in subclause (1) that the oil contains must be less than 400 mg for each kilogram of oil.

 (3) The total amount of all poly‑aromatic hydrocarbons that the oil contains (including poly‑aromatic hydrocarbons mentioned in subclause (1)) must be less than 1 000 mg for each kilogram of oil.

3  Polychlorinated biphenyls

  The oil must contain less than 2.0 mg of polychlorinated biphenyls for each kilogram of oil.

4  Polychlorinated dibenzo‑p‑dioxins

  The total amount of dioxins and furans that the oil contains must be less than 10 picograms Toxic Equivalent for each gram of oil.

5  Total acid number

  The oil must have a total acid number of less than 0.07 mg of potassium hydroxide for each gram of oil.

6  Heavy metals

  The oil must contain less than the following for each kilogram of oil:

 (a) 5 mg of arsenic;

 (b) 2 mg of cadmium;

 (c) 10 mg of chromium;

 (d) 100 mg of lead.

7  Appearance

  The oil must have a clear and bright appearance.

Schedule 2—Petroleum product criteria

(subregulation 4 (1), table, item 9)

1  Density

  The petroleum product must have a density:

 (a) equal to or exceeding 0.900 at 15º Celsius as determined by ASTM 1298; or

 (b) less than 0.900 at 15º Celsius as determined by ASTM 1298 and:

 (i) a maximum cetane index of 35 as determined by ASTM D976; or

 (ii) in respect of the heaviest 10% of a particular volume of fuel tested, a minimum value of 0.35% mass of carbon residue on 10% distillation residue as determined by ASTM D189 or D524; or

 (iii) a minimum pour point of 15º Celsius as determined by ASTM D97; or

 (iv) a minimum sulphur content of 1.5% mass as determined by ASTM D129; or

 (v) a minimum kinematic viscosity of 10 centistokes (millimetres squared per second) at 40º Celsius as determined by ASTM D445.

2  Duty

  Duty on the petroleum product must have been paid at a rate that is applicable to diesel fuel.

3  Use

  The petroleum product must be capable of being used as a fuel otherwise than in an internal combustion engine.

4  References to ASTM tests

  In this Schedule, ASTM, followed by a number, is a reference to the test so numbered as prescribed by the American Society for Testing and Materials and set out in Section 5 of the Annual Book of ASTM Standards (1986 revision) published by the American Society for Testing and Materials at Philadelphia, Pennsylvania in the United States of America.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history