PRODUCT STEWARDSHIP (OIL) REGULATIONS 2000

PART 1 - PRELIMINARY  

REGULATION 1   1   NAME OF REGULATIONS  
These Regulations are the Product Stewardship (Oil) Regulations 2000.

REGULATION 2   2   COMMENCEMENT  
These Regulations commence on the commencement of section 10 of the Act.

REGULATION 3   DEFINITIONS  

3(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).

3(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  

REGULATION 4   AMOUNT OF PRODUCT STEWARDSHIP BENEFIT  

4(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 mentioned in column 3 of item 8 in the following table.


Item Category Amount
(cents/l)
1 Re-refined base oil (for use as a lubricant or a hydraulic or transformer oil) that meets the criteria mentioned in Schedule 1 50
2 Other re-refined base oils 10
3 Diesel fuels that comply with the Fuel Standard (Automotive Diesel) Determination 2001, as in force from time to time 7
4 Diesel extenders:
(a) that are filtered, de-watered and de-mineralised; and
(b) that, if combined with diesel fuels, would produce a combined fuel that complies with the Determination mentioned in item 3
5
5 High grade industrial burning oils (filtered, de-watered and de-mineralised) 5
6 Low grade industrial burning oils (filtered and de-watered) 3
7 Industrial process oils and lubricants, including hydraulic and transformer oils (re-processed or filtered, but not re-refined) 0
8 Gazetted oil consumed in Australia for a gazetted use 8.5
9 recycled oil mentioned in item 5 or 6 that has been blended with a petroleum product that meets the criteria mentioned in Schedule 2 9.557

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).

4(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.

4(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(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.

4(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.

REGULATION 4AA   ADDITIONAL AMOUNT OF BENEFIT - RE-REFINED BASE OIL  

Application of regulation

4AA(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.

4AA(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

4AA(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).

REGULATION 4A   ADDITIONAL AMOUNT OF BENEFIT - INDUSTRIAL BURNING OILS  

Application of regulation

4A(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

4A(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.


Item Time period Amount
(cents/l)
1 1 July 2006 to 30 June 2007 10.057
2 1 July 2007 to 30 June 2008 6.7
3 1 July 2008 to 30 June 2009 3.3

REGULATION 5   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  

REGULATION 6   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 15° Celsius as determined by ASTM 1298; or


(b) less than 0.900 at 15° 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 15° 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 40° 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.