Notice of decision to vary an approval granted under the Fuel Quality Standards Act 2000 - Just Fuel Petroleum Service Pty Ltd

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2017G00068 In force Gazette

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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

Just Fuel Petroleum Service Pty Ltd

Details of the variation

On 5 December 2014 an approval was granted to Just Fuel Petroleum Service Pty Ltd to vary the Fuel Standard (Petrol) Determination 2001 to permit the supply of specialist leaded and 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.

With the exception of leaded racing fuel, which the Minister is currently considering phasing-out, 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.

In the particular case of leaded racing fuels, exposure to even small amounts of lead and lead compounds can have health effects when ingested or inhaled. All the lead in the fuel is emitted in the exhaust.

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 leaded 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 by the Australian Parliament to regulate the quality of fuel supplied in Australia, aiming to protect the environment, public health, and safety while also considering economic and regional development. The Act provides the framework for setting fuel quality standards and allows for the approval of variations to these standards under certain conditions. The legislation seeks to balance the need for high-quality fuel with the practical requirements of various sectors, including the motor sport industry. In this context, the Act ensures that any variations to fuel quality standards are carefully considered, taking into account environmental protection, occupational and public health and safety, consumer interests, and the economic impacts on regional communities. The policy objective is to maintain a high standard of fuel quality while accommodating the specific needs of industries that rely on specialised fuels, such as racing fuels.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities involved in the supply of petrol and diesel fuels within Australia, particularly those who seek to vary the existing fuel standards. This Act is of Commonwealth jurisdiction, meaning it extends across the entire country and applies to all states and territories. The Act's application is primarily directed towards companies and individuals engaged in the petrol and diesel industries, including the supply and distribution of these fuels, and their conduct and transactions related to fuel quality standards. An example of its application is seen in the approval granted to Just Fuel Petroleum Service Pty Ltd to vary the Fuel Standard (Petrol) Determination 2001 for the supply of specialist leaded and unleaded racing fuels. The Act can be extended or restricted through subordinate instruments, such as regulations or approvals, which specify particular conditions or exemptions. The decision to vary an approval, as illustrated by the extension granted to Just Fuel Petroleum Service Pty Ltd, is subject to the Minister's consultation with relevant committees and must consider environmental protection, occupational and public health and safety, consumer interests, and economic impacts.

Key Provisions

The key provisions of the notice under Section 17 of the Fuel Quality Standards Act 2000 (C2017G00068) concern the variation of an approval granted to Just Fuel Petroleum Service Pty Ltd under Section 13 of the Act. The variation allows the company to continue supplying specialist leaded and unleaded racing fuel until 30 June 2017, as outlined in Section 17D of the Act. The approval, initially granted on 5 December 2014, permits the supply of these fuels as specified. This variation decision was made in consultation with the Fuel Standards Consultative Committee as required by Section 17D(3) of the Act. The obligations imposed by the Act on parties such as Just Fuel Petroleum Service Pty Ltd include adherence to the specified conditions of the approval. The company must ensure that the supply of specialist leaded and unleaded racing fuels is conducted in a manner that minimises environmental impact, protects occupational and public health and safety, meets consumer needs, and supports economic and regional development. This involves providing safe handling information and ensuring the fuel is used primarily in off-road activities and widely dispersed locations to mitigate risks. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the notice for breaching the conditions of the approval. However, the approval is subject to the general enforcement mechanisms under the Fuel Quality Standards Act 2000, which could include potential sanctions for non-compliance. While the notice does not specify maximum penalties, it is implied that failure to comply with the terms and conditions of the approval could result in enforcement actions by the relevant authorities.

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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.