Notice of Decision to vary an approval granted to Glencore Singapore Pte Ltd

Overview

The Fuel Quality Standards Act 2000, enacted by the Parliament of Australia, was introduced to regulate the quality of fuel sold in Australia, ensuring it meets certain environmental and safety standards. This Act provides a framework for the approval of certain fuels and the entities that supply them, with the overarching objective of protecting the environment and public safety. One of the mechanisms within this Act is the ability to vary existing approvals to include additional regulated persons, ensuring flexibility and responsiveness to changes in the market or operational needs. This notice, issued under section 17E of the Act by the Assistant Secretary of the Environment Protection Branch, Department of the Environment, reflects the regulatory authority's role in managing these approvals to maintain compliance with the Act's objectives. The decision to add Glencore Coal Pty Ltd as an additional regulated person under an existing approval for Glencore Singapore Pte Ltd, which permits the supply of diesel biodiesel blends, exemplifies the Act's application in facilitating the supply of approved fuel types while managing potential environmental impacts and safety concerns.

Scope and Application

The Fuel Quality Standards Act 2000 applies to the regulation of fuel quality standards in Australia, including the approval of entities to supply specific fuel blends that meet prescribed standards. The Act applies to both individuals and entities, including companies, that are involved in the supply of fuel within Australia. In this instance, the Act applies to Glencore Singapore Pte Ltd and Glencore Coal Pty Ltd, which have been granted an approval to supply diesel biodiesel blends as specified in the approval. The approval extends to the Commonwealth and each state and territory of Australia, as the Act is a Commonwealth Act. The Act does not specify any exclusions or exemptions, but rather sets out the criteria for approvals to supply specific fuel blends. The approval process may be extended or restricted through subordinate instruments, such as determinations or regulations, made under the Act. The approval granted under the Act is in force until 30 June 2014 and allows for the addition of one additional regulated person, in this case, Glencore Coal Pty Ltd.

Key Provisions

The key operative sections of this notice pertain to the variation of an approval granted under section 13 of the Fuel Quality Standards Act 2000, as detailed in section 17E. This section empowers the Assistant Secretary, Environment Protection Branch, Department of the Environment to vary the approval by adding additional regulated persons to the existing approval. The notice itself is provided under section 17E of the Act, detailing the decision to vary the approval granted to Glencore Singapore Pte Ltd by adding Glencore Coal Pty Ltd as an additional regulated person. The approval, as varied, specifies the conditions under which the supply of diesel biodiesel blends will be permitted. Under the Fuel Quality Standards Act 2000, the obligations imposed on the parties governed by this notice include compliance with the specific conditions outlined in the approval. Glencore Coal Pty Ltd, as an added regulated person, must adhere to the terms of the approval, which include the supply of diesel biodiesel blends as specified. The obligations also involve ensuring that the volume of fuel supplied does not significantly alter to the detriment of environmental and safety standards. Moreover, the regulated persons must ensure that their operations align with the purpose of providing additional choice to consumers without compromising the integrity of the fuel quality standards. Any breaches of the conditions set out in the approval could result in various consequences. Offences under the Act may lead to civil or criminal penalties. The specific penalties are not detailed in the notice, but typically, breaches of environmental legislation can attract significant fines and potential imprisonment for individuals. For corporations, the penalties can include substantial fines and, in severe cases, disqualification from holding approvals under the Act. It is also worth noting that non-compliance could lead to the revocation of the approval, which would mean that the entities would no longer be permitted to supply the specified fuel blends, thereby impacting their operations and potentially their market standing.