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

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2013G01982 In force Gazette

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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

Netaway 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 and unleaded racing fuel containing any of the following parameters:

  • Lead up to 1.45 g/L
  • Benzene up to 5 per cent v/v
  • Ethanol up to 15 per cent v/v
  • Oxygen up to 10 per cent m/m in petrol not containing ethanol and up to

5 per cent m/m in petrol containing ethanol

will be taken to comply with the lead, benzene, ethanol and oxygen 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. In this context, higher levels of oxygen are not expected to impact significantly on ambient air quality. 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 to establish and maintain fuel quality standards in Australia, aiming to protect the environment, occupational and public health, and consumer interests while balancing economic and regional development. This legislation was introduced to address the need for specific regulations on fuel quality, particularly concerning the environmental and health impacts of fuel additives. The Act is administered by the Parliament of Australia, with the objective of ensuring that fuels sold in Australia meet certain quality standards that protect public health and the environment. The Act allows for variations in fuel standards under certain conditions, as seen in the 2013 decision by the Assistant Secretary of the Environment Protection Branch, which granted an approval for variations in the petrol fuel standard for specialist leaded and unleaded racing fuels. This decision was made to accommodate the specific needs of the motor sport industry, ensuring that such fuels could be supplied for legitimate racing activities while mitigating potential environmental and health risks.

Scope and Application

The Fuel Quality Standards Act 2000, as applied in this case, primarily concerns the approval of variations to specific fuel standards for particular uses, ensuring that certain types of fuel can be supplied under tightly controlled conditions for specified purposes. This particular Act applies to Netaway Pty Ltd, the approval holder, and to the regulated persons listed in Annexure 1 of the approval instrument. The scope of the Act's application is national, as it falls under the Commonwealth jurisdiction, and it extends to the regulation of petrol quality standards within Australia. The Act's application is further defined and potentially extended through subordinate instruments, which detail specific conditions and parameters under which the approval operates. Notably, this approval allows for the use of specialist leaded and unleaded racing fuels that exceed certain parameters set in the Fuel Standard (Petrol) Determination 2001, provided they are used for legitimate motor sport activities. The decision to grant the approval considers environmental, health, consumer, and economic factors, ensuring that the use of these fuels is tightly controlled to minimise any negative impact.

Key Provisions

The main operative sections of the notice concern the approval granted under section 13 of the Fuel Quality Standards Act 2000. This approval allows for a variation of the fuel standard for petrol, specifically for specialist leaded and unleaded racing fuels, to be used in legitimate motor sport activities. The approval holder is Netaway Pty Ltd, and the period of operation for this approval is from the date of the approval until 31 December 2014 (sections 13 and 17A). The approval permits these fuels to contain higher levels of lead, benzene, ethanol, and oxygen than normally allowed under the Fuel Standard (Petrol) Determination 2001, provided they are supplied and used under specific conditions (section 17A). The obligations imposed by this notice are primarily on the approval holder, Netaway Pty Ltd, and the regulated persons specified in Annexure 1 of the approval instrument. These parties are required to supply the specified racing fuels only for legitimate motor sport activities, in sealed containers of up to 200 litres, and in limited quantities. They must also provide safe handling information with the fuel to minimise health and safety risks. These obligations are outlined in the conditions set out in Annexure 2 to the approval instruments and in section 17 of the Act. Breaches of the conditions specified in the approval or any other requirement under the Act may result in civil or criminal penalties. Under section 278 of the Act, any person who contravenes the Act or a direction by the Minister can be liable to a fine of up to 50,000 penalty units for an individual and up to 250,000 penalty units for a body corporate. Additionally, section 280 provides for the possibility of imprisonment for up to five years for a serious breach of the Act, where the breach involves deliberate, reckless, or negligent conduct. These penalties reflect the seriousness of non-compliance with the environmental, health, and safety requirements set out in the Act.

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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.