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

Administered by Department of the Environment and Energy

Legislation au C2013G00048 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

VP Racing Fuels 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 specialist leaded racing fuel, containing any or all of the following parameters:

  • Lead up to 1.85 g/L
  • Methyl tertiary-butyl ether (MTBE) up to 55 per cent v/v
  • Olefins up to 60 per cent v/v
  • Oxygen up to 14.57 per cent m/m in petrol not containing ethanol and up to 14.57 per cent m/m in petrol containing ethanol
  • Sulfur up to 375 mg/kg, and

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, aromatics, ethanol, MTBE, olefins, oxygen and sulfur are not expected to impact significantly on ambient air quality.

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 Determination that the fuel not be permitted in activities occurring on fresh water lakes and waterways.

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 specialist leaded racing fuels, exposure to even small amounts of lead and lead compounds can have health effects when ingested or inhaled.

Specialist leaded 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. Consequently, under these conditions occupational and public health and safety risks will be minimised.

 (c) The interests of consumers

Specialist leaded 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.

(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 specialist leaded racing fuels 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. Specialist leaded racing fuels 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 specialist leaded racing fuel 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, enacted by the Parliament of Australia, addresses the need to regulate the quality of fuel to protect the environment, public health, and safety, while also considering the interests of consumers and economic development. This legislation provides the legal framework for setting and enforcing fuel quality standards in Australia. The Act allows for the establishment of fuel standards through determinations, which can be varied under certain conditions to accommodate specific needs, such as the requirements of specialist leaded racing fuels for motor sport activities. The Minister for Sustainability, Environment, Water, Population and Communities, through a delegate, is responsible for granting approvals for variations to fuel standards, taking into account the environmental impact, public health and safety, consumer interests, and regional economic benefits. The policy objective is to balance the need for high-quality fuel with the unique requirements of certain sectors, ensuring that any variations do not adversely affect the broader public interest.

Scope and Application

The Fuel Quality Standards Act 2000 applies to the regulation of fuel quality in Australia, with its primary focus on ensuring that fuel supplied in Australia meets certain environmental and health standards. The Act applies to fuel suppliers, including VP Racing Fuels Pty Ltd, which is granted specific approvals for the supply of specialist leaded racing fuel. This approval pertains to the supply of petrol that contains specified higher levels of lead, methyl tertiary-butyl ether (MTBE), olefins, oxygen, and sulfur for use in motor sport activities. The geographic reach of this legislation is national, as it is a Commonwealth Act, but its application is specifically tailored to the controlled and regulated use of racing fuels within the sports industry. The Act excludes regular petrol sold to the general public from the conditions set out for specialist racing fuels. The application and scope of the Act can be further defined through subordinate instruments, which may specify additional conditions or variations to fuel standards.

Key Provisions

The primary sections of the Fuel Quality Standards Act 2000 (the Act) relevant to this approval include section 13, which allows the Delegate for the Minister to grant an approval for a variation of the fuel standard. Section 15 of the Act outlines the considerations that must be taken into account when deciding whether to grant such an approval, including environmental protection, occupational and public health and safety, consumer interests, and economic and regional development. Section 17A of the Act mandates the provision of notice of the approval decision, which is what this document represents. The obligations imposed on the parties by this approval include strict adherence to the conditions set out in the approval instrument and Annexure 2. These conditions are designed to mitigate any potential risks associated with the use of specialist leaded racing fuel. For instance, the fuel must be supplied in sealed containers, and safe handling information must be provided to users. Additionally, the fuel must not be used in activities occurring on fresh water lakes and waterways due to the potential contamination risks posed by MTBE. Breaching the conditions of the approval can result in serious consequences. Under section 32 of the Act, an approval holder who contravenes any of the conditions of the approval may be subject to enforcement actions. The Act does not specify maximum penalties, but general provisions for penalties for breaches of the Act can include substantial fines and imprisonment. Furthermore, any environmental harm caused by non-compliance could result in additional civil or criminal liabilities under other relevant environmental protection legislation.

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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.