New South Wales Repealed Regulations

This legislation has been repealed.

PROTECTION OF THE ENVIRONMENT OPERATIONS (CLEAN AIR) REGULATION 2021 - REG 60

60 Limits on sulfur content of liquid fuel

(1) A person must not, anywhere in the Sydney, Wollongong, Newcastle or Central Coast Metropolitan Area, operate any fuel burning equipment with liquid fuel having a sulfur content of more than 0.5 per cent by weight, as measured in accordance with TM-6.

(2) A person must not, anywhere outside the Sydney, Wollongong, Newcastle or Central Coast Metropolitan Area, operate any fuel burning equipment with liquid fuel having a sulfur content of more than 2.5 per cent by weight, as measured in accordance with TM-6.

(3) This clause does not prevent a person from operating fuel burning equipment with liquid fuel having a sulfur content in excess of a limit imposed by subclause (1) or (2) in the following circumstances--

(a) circumstances in which the emissions of sulfur compounds to the atmosphere arising from the operation of the equipment are restricted, by way of control equipment or otherwise, in such a manner that they are no greater than they would be if the equipment were operated, in the absence of any such restriction, with fuel having a sulfur content within the relevant limit,

(b) circumstances in which the liquid fuel is used for the lighting-up or flame-stabilising of fuel burning equipment designed primarily to burn solid fuel and the sulfur content of the liquid fuel is no more than 2.5 per cent by weight,

(c) circumstances in respect of which the person operating the fuel burning equipment holds a written exemption issued by the EPA, being circumstances that, in the opinion of the EPA, are special circumstances in respect of the fuel burning equipment or the premises in which the fuel burning equipment is installed,

(d) circumstances in which--

(i) the emissions of sulfur compounds to the atmosphere arising from the operation of the fuel burning equipment are restricted, by way of control equipment or otherwise, in accordance with the requirements of a licence, and

(ii) the fuel has a sulfur content within the limits imposed by that licence.

(4) It is a defence to a prosecution for an offence arising under this clause if the defendant establishes that--

(a) the fuel burning equipment was being operated with liquid fuel supplied under an order placed by the defendant for liquid fuel conforming to the relevant requirements of this clause, and

(b) the defendant had reasonable grounds to believe, and did in fact believe, that the sulfur content of the liquid fuel conformed to those requirements.

: Maximum penalty--200 penalty units, in the case of a corporation, or 40 penalty units, in the case of an individual.