Grant of Variation of an Approval to Amend the List of Regulated Persons - Mobil Oil Australia Pty Ltd

Overview

The Fuel Quality Standards Act 2000 was enacted by the Parliament of Australia to establish and maintain standards for fuel quality in order to protect the environment and public health. The Act addresses the problem of poor fuel quality by setting mandatory standards for fuel sold in Australia, and provides a framework for the approval of fuel producers and distributors. The Act allows for the variation of approvals granted under section 13, enabling the Minister to add or remove regulated persons as necessary to ensure compliance with the fuel quality standards. The policy objective of the Act is to reduce emissions of pollutants from fuel combustion, thereby improving air quality and reducing the environmental impact of fuel use. This variation, made by the Assistant Secretary, Environment Protection Branch, Department of Sustainability, Environment, Water, Population and Communities, removes several regulated persons from an existing approval granted to Mobil Oil Australia Pty Ltd, and adds others, in order to reflect changes in the fuel supply chain and ensure ongoing compliance with the Act. The changes come into force on the date of signing, demonstrating the flexibility of the legislative framework to adapt to evolving industry circumstances while maintaining the core objective of protecting public health and the environment.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities involved in the supply and distribution of fuel within Australia, including companies and individuals who are classified as regulated persons. This Act pertains to the quality standards of fuel sold or supplied in the country, and it encompasses a range of fuel-related transactions and conduct, ensuring that fuel products meet specific regulatory requirements. The Act operates on a national level across the Commonwealth of Australia and is applicable in all states and territories. The Act allows for the exclusion of certain fuel types and activities through subordinate instruments, which can provide more detailed regulations or exemptions. The variation of approval mentioned in the gazette extends the application by adding or removing specific regulated persons who are authorised to supply or distribute fuel under the Act. This ensures that the regulatory oversight remains current and effectively manages compliance with fuel quality standards.

Key Provisions

The Fuel Quality Standards Act 2000 (the Act) sets out various requirements for the approval of certain persons involved in the production, importation, and distribution of fuel. Under section 13 of the Act, certain approvals are necessary for regulated persons who are involved in the production, importation, and distribution of fuel. Section 17D(2) allows for the removal of regulated persons from an approval, while section 17E allows for the addition of regulated persons to an approval. The Act requires that approvals are granted to regulated persons to ensure that the fuel quality standards set out in the Act are met. The Minister has delegated the authority to vary approvals under section 17D(2) and 17E of the Act to the Assistant Secretary, Environment Protection Branch, Department of Sustainability, Environment, Water, Population and Communities. The Fuel Quality Standards Act 2000 imposes obligations on the parties or entities it governs. The Act requires that regulated persons involved in the production, importation, and distribution of fuel obtain an approval from the Minister. The Act also requires that the Minister may vary approvals to add or remove regulated persons. The Act requires that the Minister must consider certain factors when varying an approval, including the capacity of the regulated person to comply with the fuel quality standards, and whether the regulated person has a history of non-compliance with the Act or any other relevant legislation. Failure to comply with the requirements of the Fuel Quality Standards Act 2000 may result in offences, penalties, or civil/criminal consequences. The Act provides for a maximum penalty of $22,000 for individuals and $110,000 for bodies corporate for each day that an offence continues. In addition, the Act provides for civil penalties for non-compliance with certain requirements, including the requirement to obtain an approval. The Act also provides for criminal penalties for certain offences, including a maximum penalty of imprisonment for up to two years. The Act provides for the recovery of costs incurred by the Minister in taking action to enforce the Act.