Part 2.2: Biofuels exemption application process

How to apply for an exemption from the minimum biofuel requirements.

2.2 Exemption application process

2.2.1 Prospective or retrospective 

Exemptions can be prospective or retrospective. Prospective exemptions are preferable and provide certainty for a volume fuel retailer.

2.2.2 How to apply 

The exemption application process is under review while current applications are being transferred to the EPA. We will align the process with existing reporting requirements for volume fuel retailers.

2.2.3 The Biofuels Expert Panel 

All exemption applications are referred to the Biofuels Expert Panel established under the Act.

The Expert Panel meets half-yearly to consider such applications.

The Expert Panel is currently chaired by the CEO of the EPA and includes expert representatives from Government and the biofuels and fuel industry.

2.2.4 Timeframes 

A final decision on an exemption application is usually made within 60 days of its receipt.

2.2.5 Exemption duration 

The maximum period for which an exemption may be granted is 2 years.

This does not prevent a further application from being lodged upon expiry of an exemption and another exemption from being granted.

Where the retailer is already complying with section 8 of the Act by offering a petrol-ethanol blend at their volume fuel service stations exemptions will ordinarily be granted for a 12-month period.

Where the retailer is not complying with section 8 of the Act – that is, failing to offer a petrol-ethanol blend at their volume fuel service stations - exemptions will typically only be granted for a 6-month period.

There may be exceptions to the above duration periods.

The Expert Panel will consider any relevant factors in making a recommendation regarding the duration of an exemption.

2.2.6 Conditions 

An exemption can be granted subject to conditions. It is an offence to contravene a condition of an exemption.

2.2.7 Partial exemptions 

An exemption can be granted as a partial exemption specifying a percentage that is less than the 6% ethanol mandate or the 2% biodiesel mandate.

2.2.8 Variation or revocation of an exemption 

An exemption that has been granted, or a condition of an exemption, can be varied or revoked at any time by notice in writing to the volume fuel retailer concerned.

2.2.9 Publication of exemption data 

General information regarding the exemptions that have been granted is on our Biofuels marketplace data webpage.