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

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2017G00071 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

Race Fuels Pty Ltd

Details of the variation

On 5 December 2014 an approval was granted to Race Fuels 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 regulate the quality of fuel supplied in Australia, aiming to balance environmental protection with the needs of the motor racing industry. The Act provides a framework for the approval of fuels that do not meet the standard quality but are necessary for specific purposes, such as specialist racing fuels. The Australian Government, through its relevant ministers and delegates, exercises control over these approvals to ensure that any potential environmental and health risks are managed appropriately. The primary policy objective of the Act is to safeguard public health, the environment, and regional economic interests while allowing for the controlled use of non-standard fuels in niche markets such as motor racing.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities involved in the supply and use of petrol and diesel fuels in Australia, specifically targeting those who may wish to vary the standard specifications of fuel to cater to specialised needs such as those in motor sports. This Act is administered at the Commonwealth level, thus it has a nationwide jurisdictional reach across all states and territories in Australia. The Act applies to companies such as Race Fuels Pty Ltd, which have been granted specific approvals to supply racing fuels that do not conform to the usual petrol standards. The decision to vary an approval under section 13 of the Act, as demonstrated in the 2016 gazette notice, extends to modifying the conditions under which these non-standard fuels can be supplied and used. Exclusions and exemptions from the Act are determined on a case-by-case basis, with the approval process taking into account environmental, health, consumer, and economic factors. The Act can be further refined or extended through subordinate legislation or administrative decisions, allowing for flexibility in addressing emerging issues in fuel quality and standards.

Key Provisions

The notice issued under section 17 of the Fuel Quality Standards Act 2000 provides details on a decision to vary an approval granted to Race Fuels Pty Ltd under section 13 of the Act. This variation extends the period of operation of the approval from its initial date on 5 December 2014 to 30 June 2017, as authorised under section 17D of the Act. This approval permits the supply of specialist unleaded racing fuel, subject to certain conditions aimed at protecting the environment, ensuring occupational and public health and safety, and considering the interests of consumers and regional economic impacts. The obligations imposed on Race Fuels Pty Ltd by this variation include ensuring the supply of specialist unleaded racing fuel adheres to all stipulated conditions. This includes providing safe handling information with the fuel and ensuring that the fuel is not used in activities occurring on freshwater lakes and waterways. The variation also mandates compliance with the Fuel Standards Consultative Committee's recommendations and consultation processes, which are integral to maintaining environmental and health safeguards. Additionally, Race Fuels Pty Ltd must ensure that the fuel is 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. Failure to comply with the conditions of the approval or the terms of the variation can result in significant consequences. Under the Fuel Quality Standards Act 2000, breaches of the Act or the conditions of an approval can lead to enforcement actions. While specific penalties are not detailed in the notice, breaches of similar environmental and health regulations typically result in fines or other civil penalties. In severe cases, criminal penalties may also apply. These penalties serve as a deterrent against non-compliance and ensure that the approval terms are upheld to protect the environment and public health.

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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.