Notice of decision to grant an approval under the Fuel Quality Standards Act 2000 for Haltermann Carless UK Ltd

Overview

The Fuel Quality Standards Act 2000 was enacted to regulate the quality of fuel in Australia, ensuring it meets certain standards to protect the environment and public health. This legislation was introduced to address the need for consistent fuel quality standards across the country and to mitigate the environmental impact of fuel contaminants such as MTBE and phosphorus. The Act empowers the Minister for the Environment to approve variations to fuel standards under specific circumstances. The policy objective of this Act is to safeguard ambient air quality, protect water sources, and ensure the health and safety of the public and workers, while also considering the economic benefits of motor sport events. In 2015, the Assistant Secretary of the Environment Protection Branch, Department of the Environment, granted an approval under Section 13 of the Act for Haltermann Carless UK Ltd to supply specialist unleaded racing fuel containing higher levels of MTBE and phosphorus for use in legitimate motor sport activities. This approval was subject to strict conditions to ensure minimal environmental impact and to safeguard public and occupational health and safety. The approval recognises the economic benefits of hosting such events and the importance of maintaining a standardised fuel supply for international motor sport events.

Scope and Application

The notice issued by the Assistant Secretary, Environment Protection Branch, Department of the Environment, under section 17A of the Fuel Quality Standards Act 2000 concerns a decision to grant an approval for a variation of the Fuel Standard (Petrol) Determination 2001. This approval specifically applies to Haltermann Carless UK Ltd, allowing them to supply specialist unleaded racing fuel containing higher levels of methyl tertiary-butyl ether (MTBE) and phosphorus for use in legitimate motor sport activities until 31 October 2015. This approval is applicable to petrol supplied by the approval holder and the regulated persons detailed in Annexure 1 of the approval instrument. The decision to grant this approval is based on the minimal environmental impact of the fuel used in small quantities for motor sport activities, the measures in place to mitigate potential environmental harm, and the negligible risk to occupational and public health and safety due to the limited use and handling of the fuel. The approval is also justified by the benefits to consumer interests, such as the standardisation of fuel for international events, and the economic and regional development resulting from the attraction of tourism and financial benefits to the host community. The approval is subject to conditions specified in section 17 of the Act and additional conditions outlined in Annexure 2 of the approval instrument.

Key Provisions

The key operative sections of this notice under section 17A of the Fuel Quality Standards Act 2000 pertain to the approval granted by the Assistant Secretary to Haltermann Carless UK Ltd (section 13) for the variation of the Fuel Standard (Petrol) Determination 2001. The approval allows for the use of specialist unleaded racing fuel containing specific concentrations of methyl tertiary-butyl ether (MTBE) and phosphorus to be deemed compliant with the petrol standard for legitimate motor sport activities (section 13(1)). The period of operation for this approval is set from the date of the approval until 31 October 2015 (section 17A(1)). The approval is subject to the conditions specified in section 17 of the Act and detailed in Annexure 2 of the approval instrument (section 17A(2)). The obligations and requirements imposed by this approval are multifaceted. Haltermann Carless UK Ltd and the regulated persons specified in Annexure 1 must ensure that the specialist racing fuel is only used for legitimate motor sport activities and is stored and handled in accordance with the specified conditions to prevent environmental contamination and protect occupational and public health and safety (section 17). This includes the use of a self-bunded flooring system for fuel dispensing and ensuring that fuel drums are stored in transport containers that meet international standards for the transport of dangerous goods (Annexure 2). Safe response procedures must also be in place for any fuel spills on the course (Annexure 2). Additionally, Haltermann Carless UK Ltd and the regulated persons must provide safe handling information with the fuel to mitigate any potential health and safety risks (Annexure 2). The notice outlines several potential consequences and penalties for breaches of the approval conditions. While specific offences and penalties are not detailed in the notice, breaches of the conditions could potentially lead to regulatory action under the Fuel Quality Standards Act 2000. This could include enforcement actions, fines, or other sanctions deemed appropriate by the relevant authorities. The maximum penalties for breaches of fuel quality standards under the Act can be substantial, reflecting the importance of adhering to the specified conditions to protect the environment, occupational and public health, and safety. The approval granted in this notice is subject to the conditions specified in section 17 of the Act, which include requirements for environmental protection, occupational and public health and safety, consumer interests, and economic and regional development. By ensuring that the specialist racing fuel is used responsibly and in compliance with the specified conditions, Haltermann Carless UK Ltd and the regulated persons can help to mitigate any potential risks associated with the use of these fuels while also supporting the interests of consumers and the broader community.