Notice of Decision to Grant an Approval under the Fuel Quality Standards Act 2000 for IOR Energy Pty Ltd

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2016G01520 In force Gazette

Legislation content

 

ASSISTANT SECRETARY, ASSESSMENTS (NSW, ACT) AND FUEL BRANCH

DEPARTMENT OF THE ENVIRONMENT AND ENERGY

NOTICE UNDER SECTION 17A OF THE FUEL QUALITY STANDARDS ACT 2000 CONCERNING AN APPROVAL TO VARY THE FUEL STANDARD (AUTOMOTIVE DIESEL) DETERMINATION 2001 GRANTED UNDER SECTION 13 OF THAT ACT

 

I, Kim Farrant, Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch, delegate of the Minister for the Environment and Energy, provide the following information concerning my decision to grant an approval under section 13 of the Fuel Quality Standards Act 2000.

Name of approval holder

IOR Energy Pty Ltd

Period of operation

The approval comes into force on 1 January 2017 and remains in force for the periods specified below.

Details of the approval

The approval varies the fuel standard for diesel set out in the Fuel Standard (Automotive Diesel) Determination 2001 (the Diesel Determination) so that:

  • Automotive diesel containing a minimum density of 790 kg/m3 and a maximum sulfur content of 125 mg/kg will be taken to comply with the relevant parameters specified in the Diesel Determination in respect of the supply of automotive diesel under contract to commercial users for use in underground mining applications (referred to as Eromanga Underground Mining Fuel) until 31 December 2019. 
  • Automotive diesel containing a minimum density of 800 kg/m3 and maximum sulfur content of 50 mg/kg will be taken to comply with the relevant parameters specified in the Diesel Determination in respect of the supply of automotive diesel under contract to commercial road users (referred to as Commercial Road Customer Fuel) until
    31 December 2017.

The approval applies to automotive diesel supplied by the approval holder and the regulated persons specified in Annexure 1 of the approval.

The approval is granted subject to the conditions specified in section 17 of the Act and the conditions specified in Annexure 2 of the approval.

Summary of reasons for the approval

Having consulted with the Fuel Standards Consultative Committee as required by section 24A of the Act, I grant the approval as provided for in section 15 of the Act for the following reasons:

 

a)            The protection of the environment

The use of Eromanga Underground Mining Fuel will be geographically limited to underground mining applications in New South Wales and Queensland. Emissions in underground mines are closely regulated by state governments and mining operators. Under these circumstances it is unlikely that there will be any significant impact on the environment from the use of this fuel.

The Commercial Road Customer Fuel appears to be of a high environmental quality with low aromatics and high cetane. Aside from its sulfur content, it seems to be a relatively clean fuel that would contribute to reducing some toxic emissions and the protection of the environment.

b)         The protection of occupational and public health and safety

Monitoring of emissions in underground mines is undertaken to ensure the health of all workers in confined mine environments is protected. Equipment and vehicles using Eromanga Underground Mining Fuel in underground mining applications must meet state emission standards.

High levels of sulfur in diesel increase emissions of particulates into the atmosphere. A number of studies have indicated that diesel particles are mutagenic and carriers of compounds which are suspected of contributing to the rise in cancer cases in city areas with a large proportion of diesel fuelled vehicles. Furthermore, in June 2012, the International Agency for Cancer Research classified Diesel Particulate Matter as a known human carcinogen (Group 1).

As the proposed coverage area for the supply of Commercial Road Customer Fuel is restricted to 300 km from the Eromanga Refinery or from the outlet at Innamincka, South Australia, it is not expected that there will be any adverse impacts on occupational and public health and safety from the approval.

c)            The interests of consumers

It is in the interests of consumers to have a choice of products available for use. Eromanga Underground Mining Fuel provides an alternative to fuels supplied by other companies and is apparently preferred by mine operators.

The introduction of a 10 mg/kg sulfur limit for automotive diesel in January 2009 enabled introduction of ADR80/03 (Euro 5) emission standards for heavy vehicles. The use of diesel containing greater than 10 mg/kg sulfur in vehicles certified to ADR80/03 may affect vehicle warranties and is not recommended. To mitigate any impacts on the interests of consumers the sale of the Eromanga Underground Mining Fuel and the Commercial Road Customer Fuel will be limited to contracted commercial users only and appropriate labelling information must be provided.

d)         The impact on economic and regional development

IOR’s refineries and plants provide employment opportunities for the local community in regional areas of Queensland, Northern Territory, South Australia and New South Wales. Commercial industries also benefiting from IOR include cattle transporters, long haul freight operators, local shire councils, regional mining and pastoral companies.

 

 

 

......................................................

 

Kim Farrant

Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch

21 November 2016

Overview

The Fuel Quality Standards Act 2000, enacted by the Australian Parliament, addresses the need to regulate fuel quality standards to protect the environment, occupational and public health, and support economic and regional development. The Act provides the legislative framework for setting and approving fuel quality standards for automotive diesel and other fuels. This legislation was introduced to ensure that fuel quality aligns with environmental protection and public health objectives while also supporting regional economic development through employment opportunities and industry benefits. The Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch, acting on behalf of the Minister for the Environment and Energy, granted an approval to vary the existing fuel standard for automotive diesel. This approval allows IOR Energy Pty Ltd to supply two different types of diesel under specific conditions to ensure these fuels meet the legislative intent of protecting the environment and public health while also providing economic benefits to regional communities.

Scope and Application

The approval granted under section 13 of the Fuel Quality Standards Act 2000 applies specifically to IOR Energy Pty Ltd, permitting variations to the fuel standard for automotive diesel as outlined in the Fuel Standard (Automotive Diesel) Determination 2001. This approval pertains to two categories of automotive diesel: Eromanga Underground Mining Fuel and Commercial Road Customer Fuel. Eromanga Underground Mining Fuel, which meets a minimum density of 790 kg/m3 and a maximum sulfur content of 125 mg/kg, is intended for underground mining applications in New South Wales and Queensland, with the approval in effect until 31 December 2019. Commercial Road Customer Fuel, with a minimum density of 800 kg/m3 and a maximum sulfur content of 50 mg/kg, is designated for commercial road users and will be available until 31 December 2017. The approval is subject to the conditions stipulated in section 17 of the Act and additional conditions detailed in Annexure 2 of the approval. The geographic scope of this approval is limited to the states of New South Wales and Queensland, and its application is restricted to the specified categories of fuel and end-users. The approval does not extend to the general public or other non-contracted commercial users, ensuring that the use of the specified fuels is controlled and monitored to mitigate potential environmental and health impacts.

Key Provisions

The Fuel Quality Standards Act 2000 sets out the framework for ensuring the quality of fuel supplied in Australia. Section 13 of the Act allows the Minister for the Environment and Energy to grant an approval to vary the fuel standard for automotive diesel, provided certain conditions are met. In this instance, the Assistant Secretary has granted an approval to IOR Energy Pty Ltd, which comes into force on 1 January 2017 and remains in force until 31 December 2019 for underground mining applications and until 31 December 2017 for commercial road users (section 13(1)). The approval modifies the fuel standard set out in the Fuel Standard (Automotive Diesel) Determination 2001 to allow for the supply of automotive diesel with specified densities and sulfur content to be compliant with the relevant parameters (section 13(2)). This means that Eromanga Underground Mining Fuel, with a minimum density of 790 kg/m3 and a maximum sulfur content of 125 mg/kg, will be deemed compliant for use in underground mining applications until 31 December 2019, while Commercial Road Customer Fuel, with a minimum density of 800 kg/m3 and a maximum sulfur content of 50 mg/kg, will be compliant for use by commercial road users until 31 December 2017 (section 13(3)). IOR Energy Pty Ltd and any specified regulated persons must adhere to the conditions outlined in section 17 of the Act and those specified in Annexure 2 of the approval (section 17A(3)). These conditions likely encompass requirements for monitoring and reporting emissions, ensuring compliance with state emission standards, and providing appropriate labelling information to consumers. The approval is granted subject to the conditions specified in the Act and the approval, which aim to protect the environment, safeguard occupational and public health and safety, and support the interests of consumers and economic and regional development. Breach of the conditions of the approval or failure to comply with the requirements set out in the Act may result in legal consequences. While the specific offences, penalties, or consequences are not detailed in the notice, breaches of environmental and fuel quality legislation can typically lead to civil or criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment or both fines and imprisonment, depending on the severity of the breach and the provisions of the Act. The maximum penalties are not specified in the notice but are likely to be outlined in the relevant sections of the Fuel Quality Standards Act 2000 or associated regulations. Compliance with the Act and the terms of the approval is therefore crucial to avoid potential legal repercussions.

Legal classification tags

Area of Law
Environmental Law
Instrument
Gazette Notice
Concepts
Reporting & Disclosure Obligations
Compliance Obligations
Environmental Impact

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.