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
VP Racing Fuels Pty Ltd
Details of the variation
On 10 December 2015 an approval was granted to VP Racing Fuels Pty Ltd to vary the Fuel Standard (Petrol) Determination 2001 to permit the supply of specialist leaded racing fuel as specified in the approval. VP Racing Fuels Pty Ltd has since applied to vary the approval by adding the following regulated person:
Name | ABN | Street Address |
Wayne Green Marine Products Pty Ltd (trading as Bravo Race Engineering) | 31 611 601 739 | 2/46 Tenth Street
MILDURA VIC 3500 |
Period of operation
The variation comes into force on the date of signing and remains in force until 31 December 2016.
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
Specialist racing fuels are used in small quantities in motor or water sport activities. They are supplied to regulated persons in small quantities. The fuel is expensive compared with normal fuels available to the public and the price provides a disincentive for any waste, misuse or spillage.
This variation does not amend any of the conditions imposed on the original approval and does not create additional impacts on the environment. Each approval holder is permitted to supply a specified volume of fuel and adding or removing regulated persons to the approval does not alter the volume of fuel to be supplied. Currently, there are nine approval holders who supply specialist racing fuel and combined they have just over 200 regulated persons.
b) The protection of occupational and public health and safety
The fuel is supplied in small quantities, stored in sealed containers and safe handling procedures are used. These measures have been introduced to minimise impacts on occupational and public health and safety. Changing the number of regulated persons does not affect 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
21 November 2016
Overview
The Fuel Quality Standards Act 2000, enacted by the Commonwealth Parliament, was introduced to regulate the quality of fuels and address issues associated with the supply and distribution of fuel within Australia. The Act establishes standards and approvals to ensure the environmental, health, and safety considerations are met when supplying fuels. The notice under section 17E(3) of the Act provides information regarding a decision to vary an approval granted under section 13 of the Act, allowing an additional regulated person to supply specialist leaded racing fuel. The policy objective of this Act is to protect the environment, ensure the safety of occupational and public health, meet the needs of consumers, and support economic and regional development while maintaining fuel quality standards.
Scope and Application
The Fuel Quality Standards Act 2000 pertains to entities involved in the supply of petrol and diesel fuels within Australia, particularly those who wish to vary the approved standards for specialist fuels such as leaded racing fuel. This Act applies to the Commonwealth and is administered by the Department of the Environment and Energy. The Act primarily regulates the quality standards for fuels to protect the environment, occupational and public health and safety, and the interests of consumers. The decision to vary an approval granted under Section 13 of the Act is made by the Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch, who delegates the Minister for the Environment and Energy. This decision is exemplified in the notice concerning VP Racing Fuels Pty Ltd, which was granted an approval to supply specialist leaded racing fuel. The variation in this case involves adding another regulated person, Wayne Green Marine Products Pty Ltd (trading as Bravo Race Engineering), to the list of entities permitted to supply this fuel. This variation is subject to specific conditions and is effective from the date of signing until 31 December 2016. The Act allows for further extensions or restrictions through subordinate instruments, ensuring the continued regulation of fuel quality in Australia.
Key Provisions
The main operative sections in this notice are sections 13, 15, and 17 of the Fuel Quality Standards Act 2000. Section 13 allows the Minister to grant approvals for variations to the fuel standards, while section 15 provides the legal basis for varying those approvals, and section 17 specifies the conditions that must be met for such variations. This notice, issued by Kim Farrant, the Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch, pertains to the decision to vary an approval granted to VP Racing Fuels Pty Ltd under section 13 of the Act, to add another regulated person, Wayne Green Marine Products Pty Ltd (trading as Bravo Race Engineering), to the list of those permitted to supply specialist leaded racing fuel.
The Act imposes several obligations on the parties it governs. Firstly, the approval holder, in this case VP Racing Fuels Pty Ltd, must comply with the conditions specified in their original approval, and any subsequent variations. This includes ensuring that the regulated person, Wayne Green Marine Products Pty Ltd, adheres to the same conditions and standards. Secondly, the approval holder must ensure that the specialist leaded racing fuel is supplied in a manner that minimises environmental impact, protects occupational and public health and safety, and meets the interests of consumers. Thirdly, the regulated person must comply with all the conditions and requirements of the approval, including those related to the storage and handling of the fuel.
Breaches of the obligations imposed by the Act may result in civil or criminal consequences. While the notice does not specify any particular offences or penalties, the Act generally allows for enforcement actions, fines, and even imprisonment for serious breaches. The specific penalties for contraventions of the Act can vary depending on the nature and severity of the breach, and are determined by the relevant court. It is important to note that any person or entity affected by this notice has the right to seek a review of the decision or to appeal to the relevant court.