Notice of Decision to Vary an Approval under the Fuel Quality Standards Act 2000 for Freedom Fuels Terminalling Pty Ltd

Overview

The Fuel Quality Standards Act 2000 was enacted by the Parliament of Australia to ensure the quality of fuel supplied in Australia meets certain standards, thereby protecting the environment and public health. The Act provides the framework for setting and enforcing standards for the quality of fuel, which includes setting limits on the contaminants present in fuel and approving the supply of fuel that meets specified standards. The Act was introduced to address the problem of poor fuel quality, which could lead to environmental harm and health risks. In this context, the policy objective of the Act is to maintain high standards of fuel quality to safeguard the environment and public health. The notice under Section 17 of the Act, issued by Andrew McNee, Assistant Secretary of the Environment Protection Branch, Department of the Environment, illustrates the Act's operation by detailing a decision to vary an approval granted under Section 13 of the Act to change the regulated persons involved in the supply of diesel/biodiesel blends.

Scope and Application

The Fuel Quality Standards Act 2000 pertains to the regulation of fuel quality in Australia, particularly in relation to approvals granted under the Act to supply certain types of fuel. The Act applies to regulated persons who are authorised to supply fuels that meet specific quality standards, and the approval granted under section 13 of the Act, as varied, identifies these regulated persons and the particular fuel types they are permitted to supply. The geographic scope of the Act is national, applying across all states and territories of Australia. The Act does not explicitly state exclusions or exemptions, but the operation of the Act and the approvals granted under it may be subject to other legislative provisions. The application of the Act may be extended or restricted through subordinate instruments, which are regulations or other legislative instruments made under the Act. The decision to vary an approval granted under section 13 of the Act is made by a delegate of the Minister for the Environment, in this case, Andrew McNee, Assistant Secretary, Environment Protection Branch, Department of the Environment. The decision is made pursuant to section 17 of the Act, which provides for the variation or cancellation of approvals.

Key Provisions

This notice under section 17 of the Fuel Quality Standards Act 2000 concerns a decision to vary an approval granted under section 13 of the Act to change the regulated persons in the approval. The approval, initially granted to Freedom Fuels Terminalling Pty Ltd on 26 February 2009, modifies the Fuel Standard (Automotive Diesel) Determination 2001 to allow for the supply of diesel/biodiesel blends as specified in the approval. This notice informs of changes to the list of regulated persons who are permitted to supply these blends, effective from the date of signing until 30 June 2016. The obligations imposed by the Act on the parties affected by this notice are primarily focused on ensuring compliance with the revised list of regulated persons. Any regulated person named in the approval must adhere to the terms and conditions set forth in the approval, which include the specifications and limitations for the supply of diesel/biodiesel blends. The primary obligation is to ensure that the supply of these fuel blends does not exceed the parameters set out in the approval, thereby maintaining compliance with environmental standards and ensuring the safety of fuel supply operations. Failure to comply with the provisions of the Act or the conditions of the approval can result in civil or criminal consequences. While the specific offences and penalties are not detailed in this notice, the Act generally provides for enforcement actions, which could include fines and other penalties. The maximum penalties for breaches of the Act can be significant, reflecting the importance of adhering to the regulations designed to protect environmental and public safety standards. The consequences for non-compliance can also include legal action, which may further result in additional fines, orders, or other judicial remedies to enforce compliance and deter future breaches.