Notice of Decision to vary an approval granted to Petrochem Carless Limited

Overview

The Fuel Quality Standards Act 2000 was enacted to ensure that fuel sold in Australia meets certain quality standards, with a view to protecting public health and the environment. This legislation addresses the problem of substandard fuel entering the market, which can adversely affect air quality and human health. The Act is administered by the Parliament of Australia, with the objective of maintaining stringent quality standards for fuel supplied across the nation. The notice issued by the Assistant Secretary, Environment Protection Branch, Department of the Environment, on 23 October 2013, under section 17E of the Act, outlines a decision to vary an approval granted under section 13 of the Act to include an additional regulated person. This variation allows for the supply of petrol as specified in the approval, with considerations given to its minimal impact on ambient air quality and public health, as well as the potential benefits to regional economies.

Scope and Application

The Fuel Quality Standards Act 2000 governs the quality standards for fuel supplied in Australia, and it applies to any persons or entities involved in the supply of fuel. The Act sets out the conditions under which certain fuels can be supplied, and it mandates approvals for suppliers to ensure compliance with these standards. The Act's reach is national, applying across all states and territories of Australia. In this specific case, the Act has been used to vary an existing approval for the supply of petrol to include an additional regulated person, International Motorsport Solutions Pty Ltd. This variation is limited to the addition of this entity and is effective until 31 December 2014. The decision to vary the approval was made on the basis that the additional supply is unlikely to impact ambient air quality or pose significant safety concerns, and it also provides additional choice for consumers and supports regional economies. The Act allows for further specification and extension of its application through subordinate instruments, though in this instance, the variation is direct and specific to the named approval.

Key Provisions

The primary operative sections of this legislation concern the variation of an approval granted under section 13 of the Fuel Quality Standards Act 2000, as outlined in section 17E. This decision involves adding a regulated person to an existing approval that allows the supply of petrol under specific conditions, as set out in the Fuel Standard (Petrol) Determination 2001. The approval granted to Petrochem Carless Limited has been varied to include International Motorsport Solutions Pty Ltd, effective from the date of signing and continuing until 31 December 2014. The obligations imposed on the parties governed by this Act include ensuring that the supply of petrol under the approval adheres to the specified conditions to avoid any negative impact on ambient air quality or public health and safety. This requires the regulated persons to supply fuel in small quantities and only to designated users, as the petrol will be used in motor sport activities. Additionally, the addition of the new regulated person must not pose significant safety risks, and the supply must provide additional consumer choice while contributing positively to regional economies. Any breach of the conditions specified in the approval may result in civil or criminal consequences. While the specific penalties are not detailed in the notice, the Act provides for enforcement actions, including fines and potential criminal charges for serious violations. The penalties for contravening the Act can vary significantly depending on the severity of the breach, with maximum penalties available for serious offences under the relevant sections of the Act. Compliance with the terms of the approval is therefore crucial to avoid these potential consequences.