Notice of Decision to Grant an Approval under the Fuel Quality Standards Act 2000 - Muranno Group Pty Ltd trading as Panta Distribution Australia

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2019G00340 In force Gazette

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A/G ASSISTANT SECRETARY, ENERGY SECURITY 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 (PETROL) DETERMINATION 2001

AND THE FUEL QUALITY STANDARDS (PETROL) DETERMINATION 2019
GRANTED UNDER SECTION 13 OF THAT ACT

 

I, Tim Wyndham, A/g Assistant Secretary, Energy Security Branch, delegate of the Minister for the Environment, 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

Muranno Group Pty Ltd, trading as Panta Distribution Australia

Period of operation

The approval comes into force on the date below and remains in force until 30 June 2022.  

Details of the approval

The approval varies the fuel standard for petrol set out in the Fuel Standard (Petrol) Determination 2001 and fuel standard set out in the Fuel Qualty Standards (Petrol) Determination 2019 (the Petrol Determinations) so that petrol containing:

  • a maximum ethanol content of up to 20 per cent v/v
  • a maximum methyl tertiary-butyl Ether (MTBE) content of up to 20 per cent v/v
  • a maximum oxygen content of up to 4.65 per cent m/m

are taken to comply with the relevant parameters specified in the Petrol Determinations in respect of the supply of specialist racing fuel for use in legitimate motor sport activities on land until 30 June 2022.

The approval applies to petrol supplied by the approval holder and the regulated persons specified in Annexure 1 of this 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

As the fuel subject to this approval is supplied and used in small quantities for legitimate motor sport activities, the higher levels of ethanol and MTBE are not expected to impact significantly on ambient air quality.

The consequences of even a small amount of MTBE contaminating water sources can be significant. It is therefore a standard condition of approving a variation of the Petrol Determination in relation to fuel containing MTBE above the limit specified in that determination, that the fuels are not used on freshwater lakes or waterways. It will be a condition of approval that the containers are labelled stating that the fuels must not be used near fresh water, and that any spills are to be contained appropriately and disposed of to protect groundwater.

The fuel is expensive relative to normal fuels and the price provides a disincentive for any waste, misuse, or spillage.

It is therefore not expected that permitting the supply of the fuels covered by this approval for legitimate motor sport activities would have an irreversible effect on the environment.

b)         The protection of occupational and public health and safety

Exposure to certain substances in petrol can be toxic. The risks associated with exposure to racing fuels may be higher than for petrol because of the additional substances contained in them. A variety of negative health effects can occur, depending upon the substance, the level, and duration of exposure. At venues that use racing fuels, exposure may extend to drivers, team members, race officials, spectators, and the immediate environment. 

Specialist racing fuels are supplied in sealed containers of up to 200 litres capacity and are used in small quantities, predominantly in off-road activities, and in widely dispersed locations. Safe handling information will be provided with the fuel. The volume of fuel to be supplied under an approval is limited. Under these conditions, occupational and public health and safety risks resulting from short-term/intermittent use of these fuels will be minimised. 

c)            The interests of consumers

Specialist racing fuels meet the needs of a niche market for specific categories of motor racing. The consumers using these fuels seek the performance and operability characteristics provided by these fuels. Without them, motor sport competitors may not be able to operate their vehicles effectively with currently available technology. Panta’s application represents an additional choice for racing consumers with a range of European products which can be used in circuit, rally, motorcycle, and kart racing. Fuels are sold in relatively small volumes, with relatively few suppliers to the Australian market.

d)         The impact on economic and regional development

Many racing venues are located outside major population areas. Motor and water sports events provide an ongoing financial benefit to these regional communities. A decision to disallow the continued and controlled supply of specialist racing fuels would have an adverse effect on national and regional motor sport competitions and the economic benefits that flow from them.

 

 

 

Tim Wyndham

A/g Assistant Secretary, Energy Security Branch

5 April 2019

Overview

The Fuel Quality Standards Act 2000 was enacted to regulate the quality of fuels available for sale and use in Australia, aiming to protect the environment and public health. The Act allows for the establishment of fuel quality standards through determinations, which can be varied to accommodate special circumstances. The Assistant Secretary for the Energy Security Branch of the Department of the Environment and Energy granted an approval under the Act to vary the fuel standards for petrol to permit the supply of specialist racing fuel. This approval was granted to Muranno Group Pty Ltd, trading as Panta Distribution Australia, for the supply of petrol containing higher levels of ethanol and methyl tertiary-butyl Ether (MTBE) for legitimate motor sport activities until 30 June 2022. The decision was made after consultation with the Fuel Standards Consultative Committee, taking into account the minimal environmental impact, the protection of occupational and public health, the interests of consumers seeking high-performance fuels, and the economic benefits to regional communities hosting motor sport events.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities that supply petrol in Australia and regulates the quality standards of petrol sold within the Commonwealth. The Act allows for the approval of variations to the specified fuel standards under certain conditions, as seen in the notice issued by the Assistant Secretary, Energy Security Branch, Department of the Environment and Energy. This approval applies specifically to Muranno Group Pty Ltd, trading as Panta Distribution Australia, which has been granted permission to supply petrol with higher ethanol and methyl tertiary-butyl Ether (MTBE) content for specialist racing fuels until 30 June 2022. The approval stipulates that such petrol must not be used on freshwater lakes or waterways to prevent contamination and that appropriate labelling and disposal measures must be in place. The decision to grant this approval takes into account environmental, health, consumer, and economic factors, ensuring that the supply of these specialist fuels will not irreversibly harm the environment or public health, while also supporting the economic benefits of motor sport events in regional areas.

Key Provisions

The primary sections of the legislation, specifically sections 13 and 15 of the Fuel Quality Standards Act 2000, permit the approval of variations to the fuel standards for petrol. Section 13 allows for the granting of an approval to vary the fuel standard, while section 15 sets out the criteria for such an approval, including environmental protection, occupational and public health and safety, consumer interests, and regional economic impacts. In this instance, the approval holder, Muranno Group Pty Ltd trading as Panta Distribution Australia, has been granted an approval to supply petrol containing higher levels of ethanol and methyl tertiary-butyl ether (MTBE) for use in specialist racing fuel for legitimate motor sport activities. This approval is effective until 30 June 2022, and it is subject to specific conditions outlined in Annexure 2 of the approval and section 17 of the Act. The obligations imposed on the parties governed by this Act, particularly the approval holder, include strict adherence to the conditions of the approval. This involves ensuring that the petrol supplied under the approval is used exclusively for legitimate motor sport activities, and not for any other purpose. The petrol must not be used near freshwater lakes or waterways to prevent contamination. Additionally, the approval holder must ensure that appropriate labelling is applied to all containers of petrol supplied under the approval, indicating that the fuel must not be used near fresh water and that any spills are to be contained and disposed of appropriately to protect groundwater. Furthermore, the approval holder must provide safe handling information to users of the petrol to minimise occupational and public health and safety risks. Breach of the conditions specified in the approval or any other requirements of the Fuel Quality Standards Act 2000 can lead to various consequences. The Act does not explicitly state the penalties for breach, but typically, such breaches may result in administrative or legal actions, including fines or other sanctions. The severity of the penalty would depend on the nature and extent of the breach, and it would be determined by the relevant authorities, such as the Department of the Environment and Energy. Additionally, failure to comply with the conditions of the approval could result in the approval being revoked, and the approval holder losing the right to supply petrol under the approval. This could have significant economic consequences for the approval holder and potentially impact the motor sport industry in Australia.

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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.