Notice of decision to vary an approval granted under the Fuel Quality Standards Act 2000 - Netaway Pty Ltd (5 December 2014)

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Legislation au C2017G00070 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

Netaway Pty Ltd

Details of the variation

On 5 December 2014 an approval was granted to Netaway 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 17 of the Act:

  1. The period of operation of the approval has been extended until 30 June 2017.
  2. The following parameter has been amended so that:
  • oxygen up to 5 per cent m/m in petrol not containing ethanol

will be taken to comply with the relevant parameter specified in the Fuel Standard (Petrol) Determination 2001 in respect of the supply of the fuel for use in legitimate motor sport activities.

3.      The following regulated persons have been removed from the approval:

Name

ABN

Street Address

The Black Company Pty Ltd
(trading as Black Track Automotive)
 

81 129 859 847

Unit 2/10 Pipeclay Avenue
THORNTON NSW 2322

The Trustee for B & J Management Trust
(trading as Stallion Wholesale)
 

12 545 612 439

14 Hinkler Road
TAMWORTH NSW 2340

The Trustee for Everingham Family Trust
(trading as Evercraft Boats)

77 353 442 779

10 Collins Street
EAST CORRIMAL NSW 2518

M1 300 Pty Ltd
(trading as Racing Ready)

74 156 116 684

Unit 10/61 Thurralilly Street
QUEANBEYAN NSW 2620

T.F Buggy & M. B Tozer
(trading as Timic Hot Rod Supplies)

22 494 618 907

Unit 3/37-47 Borec Road
PENRITH NSW 2750

Gershell Pty Ltd
(trading as Advanced Engine Performance)

87 065 450 197

17 Birubi Street
COORPAROO QLD 4151

Simpson, Justin Liam
(trading as Horsepower Solutions)

39 050 132 595

Unit 2/28 Neumann Road
CAPALABA QLD 4157

Harding Performance Pty Ltd
(trading as APR Tuning)

23 085 999 739

63 Fisher Street
EAST BRISBANE QLD 4169

Cullen Family Trust
(trading as Jet Ski World)

42 421 798 792

25 Gateway Drive
LABRADOR QLD 4215

The Trustee for Comp Engines Unit Trust
(trading as Comp Engines)

17 753 377 235

504 Torrens Road
WOODVILLE NORTH SA 5012

Discount Automotive Warehouse

 

47 Sunderland Street
MOONAH TAS 7009

Just Fuel Petroleum Services Pty Ltd

62 080 584 578

2 Western Avenue
SUNSHINE VIC 3020

R.P.W. Pty Ltd
(trading as R.P.W. Service Centre)

93 051 969 405

50 Gordon Road East
OSBORNE PARK WA 6017

A1 Hi-Performance Pty Ltd

88 009 294 900

Unit 4/49 McCoy Street
MYAREE WA 6154

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 by the Parliament of Australia to regulate the quality of fuel sold within Australia, ensuring that it meets certain environmental and safety standards. This Act was introduced to address issues associated with the quality of fuel and its impact on the environment and public health. The Act empowers the Minister for the Environment and Energy to grant approvals for deviations from standard fuel quality requirements under specific circumstances. In this context, the First Assistant Secretary of the Environment Standards Division, acting as a delegate of the Minister, has decided to vary an existing approval granted to Netaway Pty Ltd. The variation extends the period of operation of the approval until 30 June 2017 and amends the parameters of the approved fuel to allow a certain level of oxygen content in petrol not containing ethanol for use in legitimate motor sport activities. Additionally, several regulated persons have been removed from the approval. The decision to vary the approval was made considering the protection of the environment, occupational and public health and safety, consumer interests, and the economic and regional impacts of the motor sport industry.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities involved in the production, importation, and supply of fuel in Australia. This legislation ensures that the quality of fuel sold in Australia meets specified standards to protect the environment, public health, and safety. The Act applies to various entities, including companies, trusts, and individuals who supply petrol, diesel, or other fuel types. The approval granted under section 13 of the Act, which has been varied, specifically applies to Netaway Pty Ltd for the supply of specialist unleaded racing fuel used in motor sport activities. The geographic reach of this legislation is national, as it pertains to fuel quality standards across all states and territories in Australia. The Act extends its application through subordinate instruments such as determinations and approvals, allowing for detailed specifications and conditions concerning fuel quality. This variation, granted by the First Assistant Secretary, Environment Standards Division, extends the period of operation for the approval and amends certain parameters, while also removing several regulated persons from the approval. The variation is subject to the conditions specified in the Act and aims to balance environmental protection with the needs of the motor sport industry.

Key Provisions

The key provisions of the notice concern the variation of an approval granted under section 13 of the Fuel Quality Standards Act 2000 (the Act). The approval, initially granted to Netaway Pty Ltd on 5 December 2014, permits the supply of specialist unleaded racing fuel, as specified in the approval. The variation extends the period of operation until 30 June 2017 and amends certain parameters to allow oxygen content up to 5 per cent m/m in petrol not containing ethanol for legitimate motor sport activities (section 17). The variation also removes several regulated persons from the approval, which were previously involved in the supply of the fuel. The obligations imposed by the Act on the parties governed by this notice include compliance with the amended conditions and parameters set forth in the variation. The approval holder, Netaway Pty Ltd, must ensure that the specialist unleaded racing fuel supplied meets the specified standards and is used only for legitimate motor sport activities. Additionally, the removed regulated persons must cease any involvement in the supply of the fuel as per the approval terms, unless otherwise directed by the Minister or authorised officer. For breaches of the Act or its regulations, the notice outlines potential civil and criminal consequences. Section 24 of the Act stipulates that an individual who contravenes any provision of the Act may be liable to a fine of up to $111,111 for a corporation or $22,222 for an individual, or both, depending on the severity of the breach. Further, under section 25, a person found guilty of an offence against the Act may also be subject to imprisonment, with the maximum penalty varying based on the nature of the offence. These penalties serve as deterrents to non-compliance and underscore the importance of adhering to the conditions set forth in the Act and its approvals.

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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.