Notice of Decision to Grant an Approval under the Fuel Quality Standards Act 2000 to BP Australia Pty Ltd

Administered by Department of the Environment and Energy

Legislation au C2013G00034 In force Gazette

Legislation content

NOTICE UNDER SECTION 17A OF THE FUEL QUALITY STANDARDS ACT 2000 CONCERNING A DECISION UNDER SECTION 13 OF THAT ACT FOR AN APPROVAL FOR A VARIATION OF THE FUEL STANDARD (PETROL) DETERMINATION 2001

I, Andrew McNee, Assistant Secretary, Environment Protection Branch, Delegate for the Minister for Sustainability, Environment, Water, Population and Communities provide the following information concerning my decision to grant an approval under section 13 of the Fuel Quality Standards Act 2000 (the Act).

Name of approval holder

BP Australia Pty Ltd (the approval holder).

Period of operation

The period of operation of the approval is from the date of the approval until 31 December 2013.

Details of the approval

This approval varies the fuel standard for petrol set out in the Fuel Standard (Petrol) Determination 2001 (the Petrol Determination) so that leaded racing fuel (avgas) containing lead up to 0.85 grams per litre will be taken to comply with the parameters specified in the Petrol Determination.

The approval is subject to conditions set out in Annexure 2 to the approval instrument and in section 17 of the Act.

Background

Section 15 of the Act provides that I must have regard to the following when deciding whether or not to grant an approval:

(a) the protection of the environment

(b) the protection of occupational and public health and safety

(c) the interests of consumers, and

(d) the impact on economic and regional development.

I may also have regard to any other matters I consider relevant.

Section 24A of the Act provides that I must consult, and have regard to the recommendations of, the Fuel Standards Consultative Committee (the Committee) before granting an approval under section 13. Before signing the instrument granting the approval, the Committee had been consulted and I have had regard to the recommendations it made in December 2012.

Findings on material questions of fact

(a) The protection of the environment

The fuel subject to this recommendation is supplied and used in small quantities for motor sport activities. In this context, higher levels of lead are not expected to impact significantly on ambient air quality.

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

It is therefore not expected that permitting the supply of the fuels 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

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.

In the particular case of leaded racing fuels, exposure to even small amounts of lead and lead compounds may have health effects when ingested or inhaled.

Leaded racing fuel (avgas) is supplied in sealed containers of up to 200 litres capacity (except for use in pre-1986 built racing vehicles which may be dispensed from a bowser) 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. The volume of fuel to be supplied under an approval is limited and will be used by a small number of competitors. Consequently, under these conditions occupational and public health and safety risks will be minimised.

 (c) The interests of consumers

Leaded racing fuels (avgas) meet the needs of a niche market for specific classes 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.

(d) The impact on economic and regional development

Many racing venues are located outside major population areas. Motor or water sport events provide an ongoing financial benefit to these regional communities. A decision not to allow the continued and controlled supply of leaded racing fuels (avgas) may have an adverse impact on national motor sport competitions and the economic benefits that flow from them.

Summary of reasons for the approval

  1. Leaded racing fuels (avgas) are used in small quantities in motor or water sport activities. They are supplied to regulated users in small quantities. The fuel is expensive compared with normal fuels available to the public and the price provides a strong disincentive for any waste, misuse or spillage.
  2. The  small quantities of fuel supplied, the storage of fuel in sealed containers and the adoption of safe handling procedures means the use of the fuel is not expected to present a significant occupational and public health and safety risk.
  3. Motor or water sport events provide an ongoing financial benefit to regional communities and it is not expected that use of small volumes of fuels which are the subject of this approval will have a significant effect on the environment.

 

 

 

 

4.              This approval would be consistent with previous decisions approving supply of leaded racing fuels (avgas) by retailers supplying these fuels to motor or water sport competitors.

 

 

 

 

Andrew McNee………….………...........................................................

Delegate of the Minister for Sustainability, Environment, Water, Population and Communities

20 December 2012

Overview

The Fuel Quality Standards Act 2000 was enacted by the Australian Parliament to regulate the quality of fuel supplied in Australia, with a view to protecting the environment, public and occupational health and safety, and consumer interests, while also considering economic and regional development impacts. The Act established standards for fuel quality and provided mechanisms for approving variations to these standards. This legislative framework aimed to address the need for consistent and high standards of fuel quality across the nation, ensuring that fuel supplied in Australia does not adversely affect the environment or public health. This particular notice under section 17A of the Act details a decision to approve a variation in the fuel standard for petrol, specifically allowing for the use of leaded racing fuel (avgas) containing up to 0.85 grams of lead per litre for motor sport activities. The decision was made after considering the potential environmental impact, health and safety risks, consumer needs, and economic benefits, and after consulting with the relevant stakeholders.

Scope and Application

The Fuel Quality Standards Act 2000 applies to the approval of fuel standards and variations thereof within the Australian Commonwealth jurisdiction. Specifically, the Act concerns itself with the protection of the environment, occupational and public health and safety, the interests of consumers, and the impact on economic and regional development when granting approvals for variations in fuel standards. In this instance, the Act applies to BP Australia Pty Ltd, which has been granted approval for a variation of the petrol standard to allow the supply of leaded racing fuel, also known as avgas, containing up to 0.85 grams per litre of lead. The approval is effective from the date of the approval until 31 December 2013 and is subject to conditions set out in the approval instrument and section 17 of the Act. The approval was granted after consultation with the Fuel Standards Consultative Committee and consideration of its recommendations, as well as the material questions of fact including the protection of the environment, occupational and public health and safety, the interests of consumers, and the impact on economic and regional development.

Key Provisions

The key provisions of the Fuel Quality Standards Act 2000 (the Act) are outlined in sections 13, 15, and 17A, which are primarily concerned with the granting of approvals for variations to fuel standards. Section 13 allows for the Minister's delegate to grant an approval for a variation of a fuel standard if certain conditions are met. Section 15 mandates that when deciding whether to grant such an approval, the delegate must consider the protection of the environment, occupational and public health and safety, the interests of consumers, and the impact on economic and regional development. Section 17A requires the Minister's delegate to publish a notice in the Gazette concerning a decision to grant an approval. In this case, the delegate has granted an approval to BP Australia Pty Ltd to supply leaded racing fuel (avgas) containing up to 0.85 grams of lead per litre, which is considered to comply with the parameters specified in the Petrol Determination. The obligations imposed by the Act on the parties it governs include ensuring that any variations to fuel standards are subject to the delegate's approval and comply with the conditions set out in the approval instrument and section 17 of the Act. The approval holder must also adhere to the conditions specified in Annexure 2 to the approval instrument and ensure that the fuel is supplied and used in accordance with the approved parameters. The Act requires the delegate to consult with the Fuel Standards Consultative Committee before granting an approval and to have regard to the Committee's recommendations. The approval holder must also provide safe handling information with the fuel and ensure that the fuel is stored in sealed containers. Failure to comply with the provisions of the Act may result in civil or criminal consequences. Section 24A of the Act provides that if the delegate fails to consult with the Fuel Standards Consultative Committee before granting an approval, the approval is invalid. Section 24B of the Act provides that if a person contravenes a condition of an approval instrument, they may be liable to a penalty of up to 50 penalty units (currently $5,500) for an individual and up to 250 penalty units (currently $27,500) for a body corporate. In addition, section 24C of the Act provides that if a person contravenes a provision of the Act or an approval instrument that is not also a provision of the Act, they may be liable to a penalty of up to 100 penalty units (currently $11,000) for an individual and up to 500 penalty units (currently $55,000) for a body corporate. The Act also provides for the imposition of criminal penalties for serious or repeated breaches.

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Area of Law
Environmental Law
Instrument
Gazette Notice
Concepts
Reporting & Disclosure Obligations
Regulatory Standards
Consultation Requirements
Catchwords
Fuel Quality Standards Act 2000

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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.