ASSISTANT SECRETARY, ENVIRONMENT PROTECTION BRANCH,
DEPARTMENT OF THE ENVIRONMENT
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 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 (the Act).
Name of approval holder
Just Fuel Petroleum Service Pty Ltd (approval holder).
Period of operation
The period of operation of the approval is from the date of the approval until 31 December 2014.
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 leaded racing fuel containing the following parameter
will be taken to comply with the above parameters specified in the Petrol Determination in respect of the supply of the fuel for use in legitimate motor sport activities.
The approval applies to fuel supplied by the above company and the regulated persons specified in Annexure 1 of the approval instrument.
The approval is subject to conditions set out in Annexure 2 to the approval instruments and in section 17 of the Act.
Summary of reasons for the approval
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 supplied and used in small quantities for motor sport activities. It is uncertain to what extent lead in the fuel may affect the environment.
The fuel is expensive compared with 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 motor sport activities will 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.
In the particular case of leaded racing fuels, exposure to even small amounts of lead and lead compounds can have health effects when ingested or inhaled.
Specialist leaded and unleaded racing fuels are 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. 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 leaded and unleaded racing fuels 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 with currently employed technology.
(d) The impact on economic and regional development
Many racing venues are located outside major population areas. Motor and water sport events provide an ongoing financial benefit to these regional communities. A decision to disallow the continued and controlled supply of specialist leaded racing fuels suddenly may have an adverse impact on national motor sport competitions and the economic benefits that flow from them.
Andrew McNee
Assistant Secretary
November 2013
Overview
The Fuel Quality Standards Act 2000 was enacted by the Australian Parliament to regulate the quality of fuels and to ensure that they meet certain standards for environmental protection, occupational and public health and safety, and consumer interests. The Act establishes a framework for setting and enforcing fuel quality standards and provides mechanisms for granting approvals for variations to the fuel standards. This legislation was introduced to address the need for stringent controls over fuel quality to mitigate adverse effects on human health and the environment while supporting economic and regional development through the regulation of fuel standards. The policy objective is to balance environmental protection and public health with the interests of consumers and the economic benefits derived from motor sports activities.
In accordance with the Fuel Quality Standards Act 2000, an approval was granted to Just Fuel Petroleum Service Pty Ltd for a variation of the petrol fuel standard to allow the supply of specialist leaded racing fuel for use in legitimate motor sport activities. The approval, effective until 31 December 2014, aims to ensure that the supply of such fuels under controlled conditions does not have an irreversible impact on the environment, while also considering the protection of occupational and public health and safety, the interests of consumers, and the economic and regional benefits of motor sport events. This decision underscores the importance of a balanced approach to fuel regulation that accommodates specific industry needs while safeguarding public and environmental health.
Scope and Application
The Fuel Quality Standards Act 2000, as amended by the Notice under Section 17A concerning the approval for a variation of the Fuel Standard (Petrol) Determination 2001, applies to entities supplying specialist leaded racing fuel for use in legitimate motor sport activities, specifically to Just Fuel Petroleum Service Pty Ltd and regulated persons as detailed in Annexure 1 of the approval instrument. This Act operates within the Commonwealth jurisdiction, ensuring compliance with environmental, occupational, public health, and safety standards while allowing for the controlled supply of specialist leaded racing fuels. The approval, effective until 31 December 2014, includes conditions outlined in Annexure 2 and section 17 of the Act, designed to mitigate potential risks associated with the use of leaded racing fuels. The legislation extends its application through subordinate instruments, ensuring a structured approach to the regulation and supply of these specialised fuels.
Key Provisions
The key provisions of the notice issued by the Assistant Secretary under section 17A of the Fuel Quality Standards Act 2000 (the Act) concern the approval granted to Just Fuel Petroleum Service Pty Ltd for a variation of the Fuel Standard (Petrol) Determination 2001. This approval, as stated in section 13 of the Act, allows the company to supply specialist leaded racing fuel containing up to 0.9 g/L of lead for legitimate motor sport activities until 31 December 2014. This approval is specifically tailored to address the unique needs of the motor sport industry while mitigating environmental and health risks.
The Act imposes several obligations on parties governed by it, including Just Fuel Petroleum Service Pty Ltd. The approval is subject to stringent conditions outlined in Annexure 2 of the approval instrument and section 17 of the Act. These conditions likely include requirements for the safe handling, storage, and distribution of the leaded racing fuel to minimise environmental impact and health risks. Additionally, the approval holder must ensure that the fuel is supplied only for legitimate motor sport activities, as specified in the approval. The approval also requires the provision of safe handling information with the fuel to all parties involved in its use, from drivers to spectators.
Failure to comply with the terms and conditions of the approval could result in serious consequences. Under the Act, breaches of the approval conditions may lead to penalties, both civil and criminal. The Act does not explicitly state the maximum penalties for breaches; however, given the potential health and environmental risks, penalties could be substantial. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity and impact of the breach. The Act mandates that any breach of the approval conditions be addressed promptly to protect public health and the environment.