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

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2015G00166 In force Gazette

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ASSISTANT SECRETARY, ENVIRONMENT PROTECTION BRANCH,

DEPARTMENT OF THE ENVIRONMENT

NOTICE UNDER SECTION 17A OF THE FUEL QUALITY STANDARDS ACT 2000 CONCERNING A DECISION UNDER SECTION 13 OF THAT ACT FOR AN APPROVAL FOR A VARIATION OF THE FUEL STANDARD (PETROL) DETERMINATION 2001

I, Andrew McNee, Assistant Secretary, Environment Protection Branch, delegate of the Minister for the Environment, provide the following information concerning my decision to grant an approval under section 13 of the Fuel Quality Standards Act 2000.

Name of approval holder

Netaway Pty Ltd.

Period of operation

The period of operation of the approval is from 1 January 2015 for the periods specified below.

Details of the approval

The approval varies the fuel standard for petrol set out in the Fuel Standard (Petrol) Determination 2001 (the Petrol Determination) so that:

1. specialist leaded racing fuel containing any of the following parameters for a period of one year:

  • Lead up to 2.1 g/L
  • Ethanol up to 15 per cent v/v
  • Oxygen up to 10 per cent m/m in petrol containing ethanol

 

2. specialist unleaded racing fuel containing any of the following parameters for a period of two years:

  • Ethanol up to 15 per cent v/v
  • Oxygen up to 10 per cent m/m in petrol containing ethanol

 

will be taken to comply with the relevant parameters specified in the Petrol Determination in respect of the supply of the fuel for use in legitimate motor sport activities.

The approval applies to petrol supplied by the approval holder and the regulated persons specified in Annexure 1 of the instrument, and is granted subject to the conditions specified in section 17 of the Act and the conditions specified in Annexure 2 of the approval.

Summary of reasons for the approval

I grant the approval as provided for in section 15 of the Act for the following reasons: 

(a) The protection of the environment

The fuel subject to this recommendation is supplied and used in small quantities for motor sport activities. It is uncertain to what extent lead in the fuel may affect the environment.

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 therefore 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.

 (b) The protection of occupational and public health and safety

Exposure to certain substances in petrol 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.

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. The volume of fuel to be supplied under an approval is limited and will be used by a small number of competitors. Under these conditions, occupational and public health and safety risks resulting from short-term/intermittent use of these fuels will be minimised.

(c) The interests of consumers

Specialist leaded and 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.

(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.

 

Andrew McNee

Assistant Secretary

5  December 2014

Overview

The Fuel Quality Standards Act 2000 was enacted by the Parliament of Australia to regulate the quality of fuel sold within Australia and to protect the environment, public health, and safety from harmful fuel substances. The Act aims to ensure that fuel sold in Australia meets specified quality standards, while also allowing for certain exceptions under specific conditions. This legislation addresses the gap in controlling fuel quality to mitigate environmental and health risks associated with fuel substances. The policy objective of the Act is to maintain a balance between ensuring fuel quality and accommodating the specific needs of certain industries, such as motor sports, which may require specialised fuels. The Assistant Secretary of the Environment Protection Branch, Department of the Environment, has the authority to grant approvals for variations to fuel standards under section 13 of the Act, ensuring that any such variations are carefully considered against the Act's environmental and public health protection mandates.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities and individuals involved in the supply and use of petrol in Australia, with particular focus on the quality and standards of such fuel. This Act applies to the Commonwealth of Australia and its territories, ensuring uniform standards across the nation. The Act provides for the setting of fuel quality standards and the approval of variations to these standards under specific conditions, as demonstrated in the case of the approval granted to Netaway Pty Ltd. This approval allows the company to supply specialist leaded and unleaded racing fuels that meet certain parameters, provided they are used for legitimate motor sport activities. The approval is subject to conditions outlined in section 17 of the Act and additional specific conditions detailed in the approval itself. The Act's application can be extended or restricted through subordinate instruments, allowing for the flexibility to adapt to changing circumstances and requirements in the fuel quality sector.

Key Provisions

The primary operative sections of the legislation under the Fuel Quality Standards Act 2000, in particular section 13, permit the granting of approvals for variations of the fuel standard for petrol. This approval, issued by the Assistant Secretary of the Environment Protection Branch, allows Netaway Pty Ltd to supply specialist leaded and unleaded racing fuels that would otherwise not comply with the standard parameters outlined in the Fuel Standard (Petrol) Determination 2001. These variations are restricted to specific periods and are intended for legitimate motor sport activities only. The approval is valid from 1 January 2022 and includes conditions specified in section 17 of the Act and in Annexure 2 of the approval. The obligations imposed by the Act on the parties governed by this legislation include ensuring that the fuel supplied under the approval is used exclusively for motor sport activities, is handled safely, and does not contaminate water sources. Netaway Pty Ltd and the regulated persons listed in Annexure 1 must comply with the conditions outlined in the approval to mitigate any environmental and health risks associated with the use of these fuels. This includes providing safe handling information to users and ensuring that the fuel is used in sealed containers. The approval also mandates that these fuels must not be used in activities on freshwater lakes and waterways. Failure to comply with the terms of the approval may result in civil or criminal consequences. The specific penalties are not detailed in the notice but generally, breaches of environmental legislation can lead to fines and legal action. For example, unauthorised use of the fuel or contamination of water sources may result in substantial fines under environmental laws. Additionally, any failure to adhere to the safety and handling requirements could lead to charges under occupational health and safety legislation, resulting in further penalties. The exact maximum penalties would depend on the nature and severity of the breach, as well as the applicable laws.

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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.