Notice of decision to vary an approval granted under the Fuel Quality Standards Act 2000 - ACB Group Pty Ltd

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2017G00064 In force Gazette

Legislation content

 

FIRST ASSISTANT SECRETARY, ENVIRONMENT STANDARDS DIVISION

DEPARTMENT OF THE ENVIRONMENT AND ENERGY

NOTICE UNDER SECTION 17 OF THE FUEL QUALITY STANDARDS ACT 2000 CONCERNING A DECISION TO VARY AN APPROVAL GRANTED UNDER SECTION 13 OF THAT ACT

 

I, Matt Cahill, First Assistant Secretary, Environment Standards Division, 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

ACB Group Pty Ltd

Details of the variation

On 5 December 2014 an approval was granted to ACB Group Pty Ltd to vary the Fuel Standard (Petrol) Determination 2001 to permit the supply of specialist unleaded racing fuel as specified in the approval. Pursuant to section 17D of the Act, the period of operation of the approval has been extended until 30 June 2017.

Period of operation

The variation comes into force on the date of signing and remains in force until 30 June 2017.

Summary of reasons for the variation

Having consulted with the Fuel Standards Consultative Committee as required by section 17D(3) of the Act, I grant the variation as provided for in section 15 of the Act for the following reasons:

a)      The protection of the environment

The Minister for the Environment and Energy is currently considering the future use of lead in racing fuel.

The fuel subject to this recommendation is supplied and used in small quantities for motor sport activities.

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 standard that the fuel not be permitted in activities occurring on freshwater lakes and waterways.

The fuel is expensive compared with normal fuels and the price provides a disincentive for any waste, misuse or spillage.

It is 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.

These considerations are not altered by a six month extension of the original approval.

b)      The protection of occupational and public health and safety

Exposure to certain substances in petrol and vehicle exhaust 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.

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.

These considerations are not altered by a six month extension of the original approval.

c)      The interests of consumers

Specialist 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.

These considerations are not altered by a six month extension of the original approval.

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.

These considerations are not altered by a six month extension of the original approval.

 

The variation is granted subject to the conditions specified in section 17 of the Act.

 

 

 

 

 

 

 

Matt Cahill  

First Assistant Secretary, Environment Standards Division  

19 December 2016

Overview

The Fuel Quality Standards Act 2000 was enacted to ensure that fuel sold in Australia meets certain quality standards that protect the environment, occupational and public health and safety, and the interests of consumers, while also considering the impact on economic and regional development. The Act was introduced to address the need for consistent and high-quality fuel standards across Australia, aiming to mitigate the environmental and health impacts of fuel contamination and to ensure that the fuel supply supports economic activities, particularly in regional areas where motor and water sport events provide significant economic benefits. The legislation is administered by the Parliament of Australia, and its policy objectives include safeguarding public health and the environment from harmful fuel substances, supporting regional economic development through regulated fuel supply for niche markets, and ensuring the availability of high-performance fuel for specific industries such as motor racing.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities engaged in the production, supply, and sale of fuels within Australia. Specifically, this act governs the quality of fuel and the conditions under which certain fuels can be supplied. In this instance, the Act applies to ACB Group Pty Ltd, which has been granted an approval to vary the Fuel Standard (Petrol) Determination 2001 to supply specialist unleaded racing fuel. The geographic reach of the Act is national, as it is a Commonwealth Act. The variation provided to ACB Group Pty Ltd is subject to specific conditions aimed at mitigating environmental, health, and safety risks, and it extends the period of operation until 30 June 2017. The Act may also be extended or restricted through subordinate instruments, such as regulations or determinations, which allow for further specification of fuel quality standards and the conditions of approvals.

Key Provisions

Section 17 of the Fuel Quality Standards Act 2000 allows for the variation of an approval previously granted under section 13. In this instance, the approval granted to ACB Group Pty Ltd to vary the Fuel Standard (Petrol) Determination 2001 has been extended until 30 June 2017, with the primary change being the extension of the period of operation for the supply of specialist unleaded racing fuel as specified in the approval. This decision to vary was made to allow for a continuation of the supply of these specialist fuels, which are used in motor sport activities, while the Minister for the Environment and Energy considers the future use of lead in racing fuel. The Act imposes several obligations on the parties it governs. Under section 13, any entity seeking to vary the specifications of petrol must apply for an approval, ensuring that the variation aligns with environmental, health, safety, and consumer interests. Section 17D requires consultation with the Fuel Standards Consultative Committee before any variation is made, ensuring that the decision is informed and considers expert advice. Furthermore, section 17 stipulates that any variation granted must be subject to specific conditions, which in this case were adhered to by the decision-maker, Matt Cahill, First Assistant Secretary of the Environment Standards Division. There are potential consequences for non-compliance with the Act. While specific offences and penalties are not detailed in this notice, breaches of the Act can lead to civil or criminal penalties, including fines and imprisonment. The maximum penalties for offences under the Act can be found in the Act itself and may vary depending on the nature and severity of the breach. It is important for the approval holder, ACB Group Pty Ltd, to adhere to the conditions of the approval and any additional requirements specified by the Minister for the Environment and Energy to avoid any potential legal repercussions.

Legal classification tags

Area of Law
Environmental Law
Instrument
Gazette Notice
Concepts
Offence Provisions
Enforcement Powers
Regulatory Standards

Interactions

Authorises

All Versions

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.