Energy Grants (Credits) Scheme Regulations 2003

Part 3 Off-road credits  

REGULATION 9   Meaning of off-road diesel fuel (Act s 4)  

(1)    
For the definition of off-road diesel fuel in section 4 of the Act , the following kinds of fuel are specified:

(a) a product on which:

(i) customs duty has been paid at a rate that is applicable to diesel fuel, under Schedule 3 to the Customs Tariff Act 1995 , at the time of the payment; or

(ii) excise duty has been paid at a rate that is applicable to diesel fuel, under the Schedule to the Excise Tariff Act 1921 , at the time of the payment;

that is capable of being used as fuel in a diesel engine;

(b) a fuel oil that has the characteristics set out in subsection 3 (4) of the Excise Tariff Act 1921 ;

(c) a petroleum product:

(i) that has 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; and

(ii) on which duty has been paid at a rate that is applicable to diesel fuel; and

(iii) that is capable of being used as a fuel otherwise than in an internal combustion engine;

(d) a blend of diesel and biodiesel;

(e) an excisable blended petroleum product :

(i) that consists of diesel and another substance or substances; and

(ii) on which duty has been paid at a rate that is applicable to diesel fuel; and

(iii) that is intended for use for a purpose specified in subsection 53(6) of the Act .

(2)    
A reference in paragraph (1) (c) to ASTM, followed by a number, is a reference to a 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 in 1986 by the American Society for Testing and Materials at Philadelphia, Pennsylvania in the United States of America.

(3)    
The following kinds of fuel are not off-road diesel fuel :

(a) gasoline and other petroleum or shale spirit that has a flash point of less than 23? Celsius when tested in an Abel Pensky (closed test) apparatus;

(b) coal tar and coke oven distillates;

(c) aromatic hydrocarbons and light oils that:

(i) consist principally of aromatic hydrocarbons (not being petroleum or shale products); and

(ii) are suitable for use as gasoline substitutes; and

(iii) have a flash point of less than 23 ° Celsius when tested in an Abel Pensky (closed test) apparatus;

(d) biodiesel.

(e) (Repealed by SLI No 172 of 2006)

(4)    

In this regulation:

excisable blended petroleum product
has the meaning given by section 77G of the Excise Act 1901 .

Note:

Section 77G of the Excise Act 1901 defines excisable blended petroleum products by reference to exempt blended petroleum products. Exempt blended petroleum products are prescribed in the Excise Regulations 1925 .