ASSISTANT SECRETARY, ASSESSMENTS (NSW, ACT) AND FUEL BRANCH
DEPARTMENT OF THE ENVIRONMENT AND ENERGY
NOTICE UNDER SECTION 17E (3) OF THE FUEL QUALITY STANDARDS ACT 2000 CONCERNING A DECISION TO VARY AN APPROVAL GRANTED UNDER SECTION 13 OF THAT ACT
I, Kim Farrant, Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch, delegate of the Minister for the Environment and Energy, provide the following information concerning my decision to vary an approval under section 13 of the Fuel Quality Standards Act 2000.
Name of approval holder
International Motorsport Solutions Pty Ltd
Details of the variation
On 1 December 2015 an approval was granted to International Motorsport Solutions Pty Ltd to vary the Fuel Standard (Petrol) Determination 2001 to permit the supply of specialist unleaded racing fuel as specified in the approval. International Motorsport Solutions Pty Ltd has since applied to vary the approval by adding the following regulated person:
Name | ABN | Street Address |
Catterick Pty Ltd (trading as
Victorian Speed Pro Distributors) | 23 007 279 781 | 11 Airlie Avenue
DANDENONG VIC 3175 |
Period of operation
The variation comes into force on the date of signing and remains in force until 31 December 2017.
Summary of reasons for the variation
I grant the variation as provided for in section 15 of the Act for the following reasons:
a) The protection of the environment
This variation does not amend any of the conditions imposed on the original approval and does not create any additional impacts on the environment. Adding or removing regulated persons to the approval is not expected to significantly alter the volume of fuel to be supplied.
Specialist racing fuels are supplied to regulated persons in small quantities and they must comply with any conditions imposed on the original approval. Additionally, the fuel is expensive compared with normal fuels available to the public and the price provides a disincentive for any waste, misuse or spillage.
b) The protection of occupational and public health and safety
Exposure to certain substances in specialist racing fuel and vehicle exhaust can be toxic. A variety of negative health effects can occur, depending upon the substance, the level and duration of exposure. At venues that use specialist racing fuels, exposure may extend to drivers, team members, race officals and spectators.
All regulated persons must comply with the conditions imposed on the original approval, including supplying the fuel in sealed drums and using safe handling procedures. This minor change to the number of regulated persons does not impact on occupational and public health and safety.
c) The interests of consumers
Specialist racing fuel 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 with currently employed technology. This minor change to the number of regulated persons does not impact on the interests of consumers.
d) The impact on economic and regional development
Motor or water sport events provide an ongoing financial benefit to regional communities. This minor change to the number of regulated persons does not impact on economic and regional development.
The variation is granted subject to the conditions specified in section 17 of the Act.
Kim Farrant
Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch
6 April 2017
Overview
The Fuel Quality Standards Act 2000 was enacted to ensure that fuel supplied in Australia meets certain quality standards, thereby protecting the environment and public health, while also considering the needs of consumers and the economic impacts on regional communities. This Act was introduced to address the need for regulation of fuel quality across Australia, ensuring consistency and protection under federal law. The Act was enacted by the Parliament of Australia, aiming to balance the interests of environmental protection, public health, consumer needs, and economic development. The policy objective of the Act is to maintain high standards of fuel quality that safeguard human health and the environment while supporting the economic viability of the fuel industry and related sectors.
Scope and Application
The Fuel Quality Standards Act 2000 applies to entities involved in the production, supply, and use of fuel within the Australian Commonwealth, including the Australian Capital Territory and New South Wales. The Act regulates the quality standards of fuel to ensure environmental protection, safeguard occupational and public health and safety, and protect consumer interests. The Act's application extends to approvals for the supply of fuel, including specialist fuels, and covers the conditions under which these fuels can be supplied. Notably, the Act does not specify any exclusions or exemptions within the text, but it does allow for the variation of approvals as seen in this case. The decision to vary an approval, as exercised by the Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch, can be further detailed or restricted through subordinate instruments. This specific case involves the variation of an approval granted to International Motorsport Solutions Pty Ltd to include another regulated person, Catterick Pty Ltd, for the supply of specialist unleaded racing fuel until 31 December 2017, maintaining the original conditions to ensure compliance with environmental and safety standards.
Key Provisions
The main operative sections of this legislation relate to the variation of an approval under section 13 of the Fuel Quality Standards Act 2000. Specifically, section 15 of the Act allows for the variation of an approval to permit changes such as the addition or removal of regulated persons. This particular variation (sections 17E(3) and 17) concerns the addition of Catterick Pty Ltd (trading as Victorian Speed Pro Distributors) as a regulated person under the existing approval granted to International Motorsport Solutions Pty Ltd. This variation is effective from the date of signing until 31 December 2017.
The obligations and requirements imposed on the parties governed by this Act include compliance with the conditions specified in the original approval, as well as any additional conditions stipulated in the variation. The original approval holder, International Motorsport Solutions Pty Ltd, and the new regulated person, Catterick Pty Ltd, must adhere to these conditions to ensure the protection of the environment, occupational and public health and safety, and the interests of consumers. This includes supplying the specialist racing fuel in sealed drums and following safe handling procedures.
There are no specific offences, penalties, or civil/criminal consequences mentioned in this particular legislation regarding the variation of the approval. However, any breaches of the conditions imposed on the original approval or the variation could potentially lead to enforcement actions under the broader provisions of the Fuel Quality Standards Act 2000. The Act provides for various penalties for non-compliance, including fines and potential criminal charges, depending on the severity of the breach. The maximum penalties for offences under the Act can be found in section 36, which includes fines of up to $22,200 for individuals and $111,000 for corporations, depending on the nature and seriousness of the offence.