South Australia
Environment Protection (Motor Vehicle Fuel Quality) Policy 2002
under the Environment Protection Act 1993

Contents
1	Short title
2	Object
3	Interpretation
4	Offence for fuel supplier to supply fuel that exceeds standard
5	Offence for fuel supplier to supply fuel that exceeds certain standards to particular areas
6	Fuel supplier to keep record
7	Fuel supplier to submit copies of records to the Authority
8	Fuel supplier must provide fuel distributor with statement
9	Fuel distributor supplying fuel to another fuel distributor must provide statement
10	Fuel distributor must not alter fuel
11	Fuel supplier may add certain octane extenders
12	Fuel supplier must not add ETBE, MTBE and TAME
13	Limited application of policy
14	Application of policy during period of restriction
15	Minister may make amendments
Schedule 1—Characteristics of fuel, and standards for batch measurements, average batch measurements, and the pool average ATI
Part 1—Petrol
Part 2—Diesel
Schedule 2—Test method to determine batch measurements, average batch measurements, and the pool average ATI
Schedule 3—Octane extenders that may be added to petrol
Schedule 4—Areas in which clause 4 of this policy does not apply to supply of fuel
Schedule 5—Uses of fuel for which supply is allowed
Schedule 6—Additives that may be added to fuel
Legislative history

1—Short title
This policy may be cited as the Environment Protection (Motor Vehicle Fuel Quality) Policy 2002.
2—Object
The object of this policy is to establish standards for the quality of motor vehicle fuel, in order to maintain or enhance air quality in South Australia.
3—Interpretation
	(1)	In this policy, unless the contrary intention appears—
the Act means the Environment Protection Act 1993;
ATI means the figure, calculated under sections 2 and 3 of Part 2 of Schedule 2, representing the quality of a batch of fuel;
average batch measurement means the figure, representing the volumetric average of batch measurements of a characteristic to which a standard for an average batch measurement applies, calculated for the period specified in Schedule 1 in relation to the characteristic;
AVSR additive means an additive to petrol for the purpose of reducing valve seat recession in internal combustion engines;
batch means a quantity of diesel or a particular grade of petrol, manufactured or imported by a fuel supplier, in which the batch measurement of each characteristic remains constant throughout the entire quantity;
batch measurement means the figure, calculated under section 1 of Part 2 of Schedule 2, representing the value of a characteristic in a batch of fuel;
characteristic means a property of fuel listed in Schedule 1 under the heading "Characteristics";
date of supply means—
	(a)	if the batch is supplied as a whole, the date on which the batch is received by the person to whom it is supplied; or
	(b)	if the batch is supplied in portions, the date on which the first portion is received by the person to whom it is supplied;
diesel means a petroleum or shale product that is used or capable of being used to power an internal combustion engine with compression ignition in a motor vehicle;
ETBE means ethyl tertiary butyl ether;
E200 means the 200 degrees Fahrenheit distillation fraction of fuel in terms of volume percent;
E300 means the 300 degrees Fahrenheit distillation fraction of fuel in terms of volume percent;
fuel means petrol or diesel;
fuel distributor means a person, other than a fuel supplier, who carries on the business of supplying fuel;
fuel supplier means a person who produces fuel in or imports fuel into South Australia for supply in the course of business;
grade means type of petrol, by reference to the following types:
	(a)	LP; and
	(b)	LRP; and
	(c)	PULP; and
	(d)	ULP;
LP means leaded petrol, that is, petrol containing more than 0.013 grams per litre of lead;
LRP means lead replacement petrol, that is, petrol that is supplied as a substitute for LP by using an AVSR additive;
motor vehicle means any machine that is designed or used for the purpose of transporting goods, materials or persons and is propelled by an internal combustion engine, but does not include an aircraft;
MTBE means Methyl Tertiary Butyl Ether;
octane extender means any substance, not normally produced in the oil refining process, that increases the octane in petrol to which it is added, including, but not limited to, ethers, ethanol, and methanol;
petrol means any petroleum or shale product that is used or capable of being used to power an internal combustion engine with positive or spark ignition in a motor vehicle;
pool average ATI means the figure, calculated under section 4 of Part 2 of Schedule 2, representing the average ATI for all fuel supplied by a fuel supplier over a rolling period;
PULP means premium unleaded petrol, that is, premium petrol containing not more than 0.013 grams per litre of lead;
record means the record referred to in clause 6;
reporting period means the three month period that begins on the first day of the month immediately following the month during which this policy comes into operation, and each successive three month period;
rolling period means the three month period ending on the date of supply of a batch of fuel;
RVP means Reid Vapour Pressure;
standard means a standard, set out and subject to any conditions specified in Schedule 1, applying to a batch measurement or average batch measurement of a characteristic, or the pool average ATI;
supply means sell, deliver, give or provide to a person for that person's use, or to a fuel distributor;
TAME means tertiary amyl methyl ether;
test method means the method, set out in Schedule 2, to be used to calculate batch measurements and average batch measurements of characteristics, the ATI and the pool average ATI;
ULP means unleaded petrol, that is, non-premium petrol containing not more than 0.013 grams per litre of lead.
	(2)	In this policy, the expression Mandatory Provision followed by a statement as to the category of an offence is to be taken to mean that contravention of the provision at whose foot the expression appears will be an offence of the category so stated for the purposes of Part 5 of the Act.
Note—
Unless the contrary intention appears, terms used in this policy that are defined in the Act have the respective meanings assigned to those terms by the Act.
4—Offence for fuel supplier to supply fuel that exceeds standard
	(1)	A fuel supplier—
	(a)	must not supply fuel with a characteristic that has a batch measurement that breaches a standard;
	(b)	must ensure that fuel supplied by the fuel supplier is such that a standard for an average batch measurement of a characteristic or the pool average ATI is not breached.
Mandatory Provision: Category A offence.
	(2)	This clause does not apply to the supply of fuel to an area listed in Schedule 4.
5—Offence for fuel supplier to supply fuel that exceeds certain standards to particular areas
A fuel supplier must not supply to an area listed in Schedule 4 fuel with a characteristic that has a batch measurement that breaches a standard established by paragraphs (c), (g) or (k) of Part 1 of Schedule 1.
Mandatory Provision: Category A offence.
6—Fuel supplier to keep record
	(1)	A fuel supplier must not supply a batch of fuel or fuel from a batch of fuel unless the fuel supplier makes a record specifying for that batch the following:
	(a)	the batch measurements of the characteristics;
	(b)	the test methods used in the calculation of the batch measurements of the characteristics;
	(c)	the volume;
	(d)	the type of fuel and, if the fuel is petrol, the grade of the petrol;
	(e)	the date of supply in respect of the batch.
Mandatory Provision: Category A offence.
	(2)	A fuel supplier must keep the record for each batch of fuel it supplies for 24 months from the date of supply in respect of the batch.
Mandatory Provision: Category A offence.
7—Fuel supplier to submit copies of records to the Authority
	(1)	A fuel supplier must, within 15 days after the end of a reporting period, submit to the Authority a copy of the record for each batch of fuel the whole or a portion of which has been supplied by the fuel supplier during the reporting period.
Mandatory Provision: Category A offence.
	(2)	A fuel supplier must, within 10 days after receiving a notice from the Authority, comply with a requirement of the notice that the fuel supplier submit to the Authority a copy of a record specified in the notice.
Mandatory Provision: Category A offence.
8—Fuel supplier must provide fuel distributor with statement
	(1)	A fuel supplier who supplies fuel to a fuel distributor must provide the fuel distributor with a written statement—
	(a)	accurately identifying the batch of fuel from which the fuel is supplied; and
	(b)	certifying that, in the supplier's estimation, the RVP levels in the fuel will achieve compliance with the standard established by paragraph (i) of Part 1 of Schedule 1; and
	(c)	truthfully stating whether the fuel does or does not comply with all of the requirements of this Policy.
Mandatory Provision: Category A offence.
	(2)	However, a fuel supplier who supplies fuel to a fuel distributor in an area listed in Schedule 4 is not required to provide the certification referred to in subclause (1)(b).
	(3)	For the purposes of subclause (1)(b), the estimation provided by the supplier must be based on average levels, calculated using the RVP level of each batch manufactured or imported by the supplier in the rolling period relating to the batch of fuel referred to in subclause (1)(a).
	(4)	A fuel distributor must not supply fuel unless the fuel distributor has received a copy of the statement in relation to the fuel and the statement indicates that the fuel complies with all of the requirements of this Policy.
Mandatory Provision: Category B offence.
	(5)	A fuel distributor must keep the statement for 24 months from the date of supply of the fuel by the fuel supplier to the fuel distributor.
Mandatory Provision: Category B offence.
	(6)	A fuel distributor must not supply fuel if the fuel distributor knows or suspects, or should know or suspect, that the statement indicating that the fuel complies with all of the requirements of this Policy cannot not be relied on.
Mandatory Provision: Category B offence.
9—Fuel distributor supplying fuel to another fuel distributor must provide statement
A fuel distributor who supplies fuel to another fuel distributor must provide the fuel distributor with a written statement—
	(a)	certifying that no substance has been added to the fuel by the fuel distributor; or
	(b)	notifying the fuel distributor to whom the fuel is supplied of any substance added to the fuel by the fuel distributor and certifying that addition of the substance is permitted by clause 10.
Mandatory Provision: Category B offence.
10—Fuel distributor must not alter fuel
A fuel distributor must not add any substance to fuel supplied by a fuel supplier or another fuel distributor unless the substance is included in the list of permissible additives in Schedule 6.
Mandatory Provision: Category B offence.
11—Fuel supplier may add certain octane extenders
	(1)	A fuel supplier must not add an octane extender to petrol or petrol in the process of production that is to be supplied by the fuel supplier unless the octane extender is listed in Schedule 3.
Mandatory Provision: Category A offence.
	(2)	A fuel supplier must not supply petrol to which an octane extender not listed in Schedule 3 has been added.
Mandatory Provision: Category A offence.
	(3)	If a fuel supplier adds an octane extender listed in Schedule 3 to petrol or petrol in the process of production that is to be supplied by the fuel supplier, the fuel supplier must comply with the condition or conditions, if any, specified in Schedule 3 in relation to the addition of that octane extender.
Mandatory Provision: Category A offence.
12—Fuel supplier must not add ETBE, MTBE and TAME
A fuel supplier—
	(a)	must not add ETBE, MTBE or TAME to petrol or petrol in the process of production that is to be supplied by the fuel supplier; and
	(b)	must take reasonable precautions against the mixing of ETBE, MTBE or TAME and petrol to be supplied by the fuel supplier; and
	(c)	must not supply petrol to which ETBE, MTBE or TAME has been added in the process of production undertaken by the fuel supplier.
Mandatory Provision: Category A offence.
13—Limited application of policy
This policy does not apply to fuel supplied or to be supplied for the uses listed in Schedule 5.
14—Application of policy during period of restriction
	(1)	In this clause—
period of restriction means a period declared under section 33 of the Petroleum Products Regulation Act 1995 to be a period of restriction.
	(2)	The standards established by paragraphs (h) and (i) of Part 1 of Schedule 1 do not apply during a period of restriction.
	(3)	Fuel supplied by fuel suppliers to fuel distributors during a period of restriction is deemed, for the purpose of determining pool average ATI, to possess a maximum ATI of 22 or 22.5, as determined by the Authority.
15—Minister may make amendments
	(1)	The Minister may amend this policy by amending any of the following:
	(a)	the characteristics; and
	(b)	the pool average ATI; and
	(c)	the standards; and
	(d)	the requirements in relation to records and statements; and
	(e)	the test method; and
	(f)	the requirements in relation to the addition of octane extenders to petrol or petrol in the process of production by fuel suppliers; and
	(g)	the areas in which all or part of this policy does not apply; and
	(h)	the uses of fuel for which supply is allowed; and
	(i)	the additives permitted to be added to fuel by fuel distributors.
	(2)	If the Minister amends this policy under subclause (1), the Minister may also make amendments to this policy that are incidental to the amendments made.
	(3)	An amendment under subclause (1) or (2) is a change that may be made to this policy by amendment under section 32(1)(c) of the Act.
	(4)	In this clause—
amend includes add to, delete entirely or in part, and replace entirely or in part.

Schedule 1—Characteristics of fuel, and standards for batch measurements, average batch measurements, and the pool average ATI
Part 1—Petrol
CHARACTERISTICS
	(a)	Aromatics: no standard
	(b)	Benzene: maximum percentage proportion by volume of 4.9%
	(c)	ETBE: maximum percentage proportion by volume of 1%
Subject to—
	(i)	clause 12
	(ii)	if a batch contains a combination of two or more of the characteristics referred to in clause 12, the sum of the batch measurements of each of those characteristics must not exceed 1%
	(d)	E200: no standard
	(e)	E300: no standard
	(f)	Lead: maximum of 0.2 grams per litre
	(g)	MTBE: maximum percentage proportion by volume of 1%
Subject to—
	(i)	clause 12
	(ii)	if a batch contains a combination of two or more of the characteristics referred to in clause 12, the sum of the batch measurements of each of those characteristics must not exceed 1%
	(h)	Olefins: maximum percentage proportion by volume of 18%
	(i)	RVP: maximum average of 67 kPa for the period 30 November to 31 March in any year
Note—
For the purposes of calculating the average RVP, an RVP below 62kPa must be considered as an RVP of 62 kPa
	(j)	Sulphur: maximum of 500 mg per kilogram
	(k)	TAME: maximum percentage proportion by volume of 1%
Subject to—
	(i)	clause 12
	(ii)	if a batch contains a combination of two or more of the characteristics referred to in clause 12, the sum of the batch measurements of each of those characteristics must not exceed 1%
POOL AVERAGE ATI
	(a)	Pool average ATI: maximum of 22 for the rolling period in relation to a supply of fuel made between 1 February and 1 April in any year
	(b)	Pool average ATI: maximum of 22.5 for the rolling period in relation to a supply of fuel at all other times
Part 2—Diesel
CHARACTERISTICS
	(a)	Sulphur: maximum of 1300 mg per kilogram
	(b)	Cetane Index: minimum of 46

Schedule 2—Test method to determine batch measurements, average batch measurements, and the pool average ATI

Schedule 3—Octane extenders that may be added to petrol
For the purposes of clause 11(1), the following octane extenders are octane extenders that may be added to petrol:
Lead : provided that the standard for the batch measurement of lead is not exceeded
Methylcyclopentadienyl manganese tricarbonyl : may be added to LRP only

Schedule 4—Areas in which clause 4 of this policy does not apply to supply of fuel
The following areas are areas in which clause 4 of this policy does not apply to the supply of fuel:
Area of the Berri Barmera Council
Area of the District Council of Grant
Area of the District Council of Loxton Waikerie
Area of the District Council of Renmark Paringa
Unincorporated area of Riverland
Area of the City of Mt Gambier
Area of the Wattle Range Council

Schedule 5—Uses of fuel for which supply is allowed
For the purposes of clause 13, fuel supplied or to be supplied for the following uses is fuel to which this policy does not apply:
Motor vehicle racing competitions
Motor vehicle speed or performance trials

Schedule 6—Additives that may be added to fuel
For the purposes of clause 10, the following additives are additives that may be added to fuel by fuel distributors:

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Principal policy
Notice	Provision under which notice is made	Publication of policy in Gazette	Commencement	
Gazette 28.2.2002 p1131	s 28	—	1.3.2002