Notice of decision to vary an approval granted under the Fuel Quality Standards Act 2000 - VP Racing Fuels Pty Ltd (10 December 2015)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2017G00073 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

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.

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 parameters have been amended so that:

  • ethanol up to 10 per cent v/v
  • oxygen up to 20 per cent m/m in petrol containing ethanol
  • oxygen up to 18.9 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 added to the approval:

Name

ABN

Street Address

Raceline Performance Pty Ltd
 

11 610 566 928

1/5 Sandringham Avenue
THORNTON NSW 2322

Maxwill Racing Engines Pty Ltd
 

83 105 576 396

1A St Peters Street
ST PETERS SA 5069

Beard Bros Motor Cycles Pty Ltd (trading as Beard Brothers Motorcycles)

50 120 734 518

123 Durham Street
BATHURST NSW 2795

The Trustee for West Family Trust (trading as S & H West Auto Electrics)

19 086 498 589

Shed 4 Wilga Street
BLACKWATER QLD 4717

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

Name

ABN

Street Address

N Sassine & T Sassine

18 818 688 268

11A Harp Street
CAMPSIE NSW 2194

GT Motor Group Pty Ltd

33 113 624 267

5/150 Edmonstone Street
NEWMARKET QLD 4051

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 to regulate the quality of fuels supplied in Australia, ensuring they meet environmental and health standards. This Act addresses the need for stringent controls on fuel quality to protect public health and the environment from the adverse effects of poor fuel quality. The Australian Parliament enacted this legislation to establish a framework for setting fuel quality standards, including the ability to approve variations to these standards under specific circumstances. The policy objective of the Act is to safeguard environmental integrity, public health, and consumer interests by ensuring that the fuels supplied in Australia do not exceed specified quality limits. The Act empowers the Minister for the Environment and Energy to make determinations and approve variations to fuel quality standards, subject to consultation and consideration of environmental, health, and economic impacts. This legislative framework ensures that any variations to fuel quality standards are carefully considered and balanced against the potential risks and benefits to society and the economy.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities that supply fuel that must meet certain quality standards, as well as to individuals and businesses that handle and store these fuels. The Act regulates the quality of petrol and diesel sold in Australia to protect the environment, public health, and safety. It sets out the standards for fuel quality and allows the Minister for the Environment and Energy to approve variations to these standards. The Act applies nationally across Australia, and its provisions can be extended or restricted through subordinate instruments. The Act includes specific exclusions and exemptions, such as for certain types of fuels used in aviation or marine vessels. The variation granted under section 17 of the Act pertains specifically to VP Racing Fuels Pty Ltd, which has been approved to supply specialist leaded racing fuel for legitimate motor sport activities. This variation extends the approval period until 30 June 2017 and includes amendments to the parameters for ethanol and oxygen content in petrol. Additionally, the variation adds and removes certain regulated persons from the approval, reflecting changes in the entities involved in the supply and use of the specified racing fuel.

Key Provisions

Section 17 of the Fuel Quality Standards Act 2000 allows for the variation of an approval granted under section 13 of the Act. This legislation provides the legal framework for setting and modifying fuel quality standards in Australia, including the approval process for supplying specific types of fuel under certain conditions. In this instance, Matt Cahill, the First Assistant Secretary of the Environment Standards Division, has varied an existing approval for VP Racing Fuels Pty Ltd, which permits the supply of specialist leaded racing fuel. The variation includes an extension of the approval period until 30 June 2017 and modifications to the parameters of the fuel, including ethanol and oxygen content limits. Additionally, the variation adds and removes certain regulated persons from the approval. The Act imposes specific obligations on VP Racing Fuels Pty Ltd and the newly added regulated persons. They must adhere to the modified parameters concerning ethanol and oxygen content in the petrol, ensuring the fuel complies with the Fuel Standard (Petrol) Determination 2001 when supplied for legitimate motor sport activities. These regulated persons are now authorised to handle, supply, or distribute the specified racing fuels, subject to the conditions outlined in the approval. They must also ensure that all fuel supplied under the approval is used in accordance with the terms set by the Minister for the Environment and Energy, which includes avoiding activities on freshwater lakes and waterways when the fuel contains MTBE above the specified limit. The Fuel Quality Standards Act 2000 outlines potential offences and penalties for breaches of the Act's provisions. If VP Racing Fuels Pty Ltd or any of the regulated persons fail to comply with the modified parameters or the conditions of the approval, they may be subject to enforcement actions. Potential penalties can include fines and other civil or criminal consequences. The maximum penalties for breaches of the Act can vary, but they are intended to ensure compliance and protect the environment, occupational health, public health, and safety. Failure to adhere to the specified conditions and parameters can result in significant repercussions, including legal action and financial penalties. In conclusion, the variation granted under section 17 of the Fuel Quality Standards Act 2000 extends the approval period for VP Racing Fuels Pty Ltd and modifies the parameters for the supply of specialist leaded racing fuel. It also includes changes to the list of regulated persons authorised to handle the fuel. The Act imposes obligations on these entities to comply with the modified parameters and conditions of the approval. Breaches of these obligations can result in enforcement actions, with potential civil or criminal penalties as outlined in the Act.

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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.