Queensland Consolidated Acts

LIQUID FUEL SUPPLY ACT 1984 - SECT 35J

35J Suspending sustainable biofuel requirement

(1) This section applies if the Minister is satisfied—

(a) all fuel sellers, or a class of fuel sellers, can not comply with a sustainable biofuel requirement because there is—

(i) an industry-wide shortage in the supply of sustainable biofuel or a sustainable biofuel blend; or

(ii) not enough demand for sustainable biofuel or a sustainable biofuel blend; or

(b) a supply of sustainable biofuel or a sustainable biofuel blend poses a risk to public health or safety; or

(c) that requiring all fuel sellers, or a class of fuel sellers, to comply with a sustainable biofuel requirement is having, or may have, an adverse impact on Queensland’s economy; or

(d) there are other extraordinary circumstances that justify suspending the operation of section 35B or 35C.

Example of extraordinary circumstances for paragraph (d)—

all fuel sellers, or a class of fuel sellers, can not get a supply of a sustainable biofuel blend because of road closures resulting from a natural disaster

(2) The Minister may, by declaration, suspend the operation of section 35B or 35C for all fuel sellers, or a stated class of fuel sellers, for a stated period of not more than 1 year.

(3) The Minister may consult with stakeholders before making the declaration.

(4) The Minister may, in the same declaration, also suspend the operation of all or stated provisions of this part, other than this subdivision.

(5) The Minister may not make a declaration in the circumstances mentioned in subsection (1)(a) or (c) for fuel sellers if the making of the declaration would mean the sum of the periods of all declarations, in either of the circumstances, for the fuel sellers in the last 2 years is more than 1 year.

(6) A declaration under this section is subordinate legislation.