Notice of decision to grant an approval under the Fuel Quality Standards Act 2000 - Rally Australia Pty Ltd

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2016G01467 In force Gazette

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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 (PETROL)

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

Rally Australia Pty Ltd

Period of operation

The approval comes into force on the date of signing and remains in force until 31 December 2018.

Details of the approval

The approval varies the fuel standard for petrol set out in the Fuel Standard (Petrol) Determination 2001 (the Petrol Determination) so that specialist unleaded racing fuel containing the following parameter:

  • methyl tertiary butyl ether (MTBE) up to 15 per cent v/v


will be taken to comply with the relevant parameter specified in the Petrol Determination in respect of the supply of the fuel for use in legitimate motor sport activities.

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

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 instrument.

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 fuel subject to this recommendation is used in small quantities for motor sport activities. In this context, it is not expected to impact significantly on ambient air quality. Greenhouse gas emissions for all fuel used for the event are 100% offset by certified carbon offset projects in Australia (in this case Tasmanian reforestation).

The consequences of even a small amount of MTBE contaminating water sources can be significant. It is a standard condition of section 13 approvals for fuel containing MTBE above the limit specified in the petrol standard that the fuel not be permitted in activities occurring on fresh water lakes and waterways.

The fuel will be dispensed on a self-bunded flooring system and fuel drums will be stored onsite within a transport container that meets international requirements for the transport of dangerous goods. Response procedures are in place for any spills on the course. It is not expected that permitting the supply of the fuel covered by this approval for motor sport activities will have an adverse effect on the environment.

b)      The protection of occupational and public health and safety

The fuel is not likely to have any impact on the health and safety of users as the volume used is minimal and for specific events. The fuel will be used by a small number of competitors and no contact with the general public is expected. Specialist racing fuels are supplied in sealed containers of up to 205 litres capacity and are used in small quantities, primarily in off-road activities, and in widely dispersed locations. Safe handling information will be provided with the fuel. Consequently, the Committee does not expect any significant occupational and public health and safety risks to result from use of this fuel.

c)      The interests of consumers

The Fédération Internationale de l'Automobile set the parameters for the Fédération Internationale de l'Automobile World Rally Championship control fuel, which is to be used in all cars, in all events, in all countries the rally occurs. A control fuel standardises the fuel for all competitors and avoids cars needing to be retuned for local fuel in each country. International rally cars would not function properly on standard petrol, and the event may not go ahead in Australia if the approval was not granted.

d)      The impact on economic and regional development

As this is an international event, it will attract tourism to the area (Coffs Harbour) for the duration of the event, and like other motor sport events, will provide a financial benefit to the (non-metropolitan) host community.

 

 

 

 

 

 

 

 

 

 

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Kim Farrant

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

7 November 2016

Overview

The Fuel Quality Standards Act 2000, enacted by the Australian Parliament, was introduced to regulate and ensure the quality of fuel sold in Australia, with a particular focus on protecting the environment and public health. The Act provides a framework for setting fuel quality standards and allows for the variation of these standards under certain conditions to accommodate specific needs, such as those arising from motor sport activities. The policy objective of the Act is to balance environmental protection and public health considerations with the practical needs of industry and consumers. The Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch, as a delegate of the Minister for the Environment and Energy, has the authority to grant approvals under the Act, ensuring that any variations to fuel standards meet stringent environmental, health, and safety criteria.

Scope and Application

The Fuel Quality Standards Act 2000, as modified by the notice provided under section 17A, applies to the approval granted to Rally Australia Pty Ltd for the supply of specialist unleaded racing fuel containing up to 15% v/v methyl tertiary butyl ether (MTBE). This approval is specific to petrol supplied by the approval holder and regulated persons outlined in Annexure 1 of the approval instrument. It is designed for use in legitimate motor sport activities and comes into force from the date of signing until 31 December 2018. The approval is subject to conditions outlined in section 17 of the Act and additional conditions specified in Annexure 2. Notably, this approval does not extend to activities on fresh water lakes and waterways due to the potential environmental consequences of MTBE contamination. The approval aims to balance environmental protection, occupational and public health and safety, consumer interests, and economic and regional development, particularly for the Coffs Harbour area hosting the event.

Key Provisions

The main operative sections of the notice concern the granting of an approval under section 13 of the Fuel Quality Standards Act 2000. This approval allows Rally Australia Pty Ltd to vary the fuel standard for petrol, permitting the supply of specialist unleaded racing fuel containing up to 15 per cent v/v of methyl tertiary butyl ether (MTBE) for use in legitimate motor sport activities. This is effective from the date of signing and remains in force until 31 December 2018. The approval is subject to specific conditions outlined in section 17 of the Act and detailed in Annexure 2 of the approval instrument. These conditions are designed to mitigate potential environmental impacts and ensure the safe use of the fuel. The obligations imposed by the Act on the parties governed by this notice include ensuring that the specialist racing fuel containing MTBE is used strictly for the intended motor sport activities and in accordance with the conditions specified in the approval instrument. This includes adherence to environmental protection measures, such as preventing contamination of water sources and having spill response procedures in place. Additionally, the approval holder must ensure that the fuel is dispensed and stored in a manner that meets international standards for the transport of dangerous goods. Rally Australia Pty Ltd must also ensure that the fuel is supplied in sealed containers and that safe handling information is provided to users. The notice also outlines potential consequences for non-compliance with the terms of the approval. Breaches of the conditions could result in civil or criminal penalties under the Fuel Quality Standards Act 2000. While the specific penalties are not detailed in the notice, under Australian legislation, breaches of environmental laws can attract significant fines. For instance, in the case of corporations, fines can be substantial, reflecting the severity of non-compliance with environmental and safety regulations. The approval holder must therefore take all necessary steps to ensure compliance with the conditions to avoid any legal repercussions.

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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.