Notice of Decision to Grant an Approval under the Fuel Quality Standards Act 2000 to Just Fuel Petroleum Services Pty Ltd

Administered by Department of the Environment and Energy

Legislation au C2013G00041 In force Gazette

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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

Just Fuel Petroleum Services Pty Ltd.

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 g/L 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 fuel (avgas), 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 fuel (avgas) meets 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 and 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 fuel (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 fuel (avgas) is 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 fuel (avgas) by retailers supplying these fuels to motor or water sport competitors.

 

 

 

 

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

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

20 December 2012

Overview

The Fuel Quality Standards Act 2000 was enacted to regulate the quality of fuel sold in Australia, aiming to protect the environment, public health, and safety. The Act was introduced to address the need for consistent and high standards of fuel quality across the nation, ensuring that fuels sold do not negatively impact human health or the environment. The Act was passed by the Australian Parliament and its policy objective is to maintain and improve fuel quality standards to protect various stakeholders including the environment, public health, consumers, and regional economic development. This legislative framework provides the Minister with the authority to approve variations to fuel standards, subject to consultation and consideration of relevant factors including environmental protection, public and occupational health and safety, consumer interests, and economic impact. The notice issued under Section 17A of the Act details a decision to grant an approval for a variation of the Fuel Standard (Petrol) Determination 2001, allowing Just Fuel Petroleum Services Pty Ltd to supply leaded racing fuel (avgas) containing up to 0.85 g/L of lead until 31 December 2013. This approval was granted after considering the environmental protection, health and safety risks, consumer needs, and economic impacts. Given the limited use and controlled distribution of the fuel in question, it was concluded that the risks to health and the environment would be minimal, and the approval would support the motor sport industry, providing economic benefits to regional communities.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities and individuals involved in the production, importation, distribution, and sale of fuel within Australia. Specifically, the Act grants the Minister for Sustainability, Environment, Water, Population and Communities the authority to approve variations to fuel standards, including those for petrol. The geographic reach of the Act is national, applying across all states and territories of Australia. The Act allows for exclusions and exemptions through subordinate instruments, which can specify conditions under which certain fuels or fuel standards may be approved or exempted. In this instance, the approval granted under the Act allows Just Fuel Petroleum Services Pty Ltd to supply leaded racing fuel (avgas) containing lead up to 0.85 g/L, which is otherwise restricted under the Fuel Standard (Petrol) Determination 2001. This approval is subject to specific conditions aimed at mitigating any potential risks to the environment, occupational and public health, and safety, while also considering the interests of consumers and the economic benefits to regional communities. The decision to approve the variation was made after considering recommendations from the Fuel Standards Consultative Committee and ensuring that the supply of leaded racing fuel is controlled and minimises any adverse impacts.

Key Provisions

The main operative sections of the document (C2013G00041) concern the decision under section 13 of the Fuel Quality Standards Act 2000 to grant an approval for a variation of the Fuel Standard (Petrol) Determination 2001 (section 17A). This approval, held by Just Fuel Petroleum Services Pty Ltd, allows for the supply of leaded racing fuel (avgas) containing up to 0.85 g/L of lead, which would otherwise not comply with the parameters specified in the Petrol Determination. This approval is effective from the date of approval until 31 December 2013, subject to conditions outlined in Annexure 2 to the approval instrument and section 17 of the Act. The obligations and requirements imposed by the Act on parties such as Just Fuel Petroleum Services Pty Ltd include adhering to the conditions specified in the approval, ensuring the protection of the environment, safeguarding occupational and public health and safety, meeting the interests of consumers, and considering the impact on economic and regional development. The decision-making process under section 15 of the Act mandates that the Delegate must consider these factors alongside recommendations from the Fuel Standards Consultative Committee, as stipulated in section 24A. The Delegate has already consulted with the Committee and considered their recommendations from December 2012. In terms of offences, penalties, or civil/criminal consequences for breach, the document does not explicitly detail specific penalties within the text. However, non-compliance with the conditions of the approval or failure to adhere to the obligations under the Act could potentially lead to legal action. This could involve civil penalties, enforcement actions, or even criminal charges depending on the nature and severity of the breach. The exact penalties would be governed by other provisions within the Act and related regulations, but the document underscores the importance of adhering to the outlined conditions to avoid such 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.