ASSISTANT SECRETARY, NSW AND ACT ASSESSMENTS AND FUEL BRANCH,
DEPARTMENT OF THE ENVIRONMENT
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, Simon Banks, Assistant Secretary, NSW and ACT Assessments and Fuel 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.
On 26 February 2009 an approval was granted to The National Biofuels Group Pty Ltd. The approval varies the Fuel Standard (Automotive Diesel) Determination 2001 to permit the supply of diesel/biodiesel blends as specified in the approval. The National Biofuels Group Pty Ltd has since applied for a variation to the approval to add one regulated person.
Period of operation
The variation comes into force on the date of signing and remains in force until 30 June 2016.
Additional regulated persons
The following regulated person has been added to the approval:
Petro National Pty Ltd
ABN 83606401325 | Level 4, 71 Walker Street
| NORTH SYDNEY NSW 2060 |
Summary of reasons for the approval
I grant the approval as provided for in section 15 of the Act for the following reasons:
1. The volume of fuel to be supplied under the approval is unlikely to alter significantly by the addition of one regulated person, therefore no significant additional impact on the environment is expected.
2. The addition of one regulated person to the approval is not expected to pose significant safety concerns.
Simon Banks
Assistant Secretary
28 July 2015
Overview
The Fuel Quality Standards Act 2000 was enacted to ensure that the quality of fuel sold in Australia meets certain standards to protect public health and the environment. This Act was introduced by the Australian Parliament to address the need for a consistent and enforceable standard for the quality of fuel sold across the country. The policy objective of the Act is to maintain fuel quality standards that protect consumers, reduce environmental harm, and ensure that fuel suppliers are held accountable for the quality of the fuel they supply. The Act empowers the Minister for the Environment to grant approvals for variations to the fuel quality standards, as seen in the notice concerning the variation of an approval granted to The National Biofuels Group Pty Ltd, allowing the supply of diesel/biodiesel blends. This variation, which adds Petro National Pty Ltd as a regulated person, is intended to maintain the integrity of the fuel quality standards while accommodating changes in the fuel supply chain.
Scope and Application
The Fuel Quality Standards Act 2000 applies to the regulation of fuel quality standards within New South Wales and the Australian Capital Territory, overseen by the Assistant Secretary of the NSW and ACT Assessments and Fuel Branch, a delegate of the Minister for the Environment. This legislation allows for the granting of approvals to entities involved in the supply of fuel, enabling variations to the specified fuel standards. In this instance, the Act permits The National Biofuels Group Pty Ltd and subsequently Petro National Pty Ltd to supply diesel/biodiesel blends, as outlined in the approval. The geographic scope of this legislation is limited to NSW and the ACT, with the Act providing mechanisms for additional regulated persons to be incorporated into existing approvals through subordinate instruments. The Act does not specify exclusions or thresholds within this context but operates under the principle of minimal environmental and safety impact when variations are made to fuel quality standards.
Key Provisions
The main sections of this notice pertain to section 17 of the Fuel Quality Standards Act 2000, which allows the Minister for the Environment to delegate their powers to the Assistant Secretary, NSW and ACT Assessments and Fuel Branch. Section 13 of the Act is concerned with the granting of approvals for variations to fuel standards, and section 15 provides the criteria for such approvals. In this case, the Assistant Secretary has exercised their delegated authority under section 17 to grant an approval to The National Biofuels Group Pty Ltd for the supply of diesel/biodiesel blends, as specified in the approval (sections 13 and 15).
The obligations and requirements imposed by this Act on the parties involved primarily centre around the application and granting of approvals for variations to fuel standards. The National Biofuels Group Pty Ltd, as the entity seeking the variation, must submit an application to the Assistant Secretary for an approval to add a regulated person. The Assistant Secretary must then consider the application in accordance with the criteria set out in section 15 of the Act, which includes assessing the potential environmental impact and safety concerns of the proposed variation. Once the Assistant Secretary grants the approval, both The National Biofuels Group Pty Ltd and the newly added regulated person, Petro National Pty Ltd, are required to comply with the terms and conditions of the approval, including the period of operation.
There are no specific offences, penalties, or civil/criminal consequences mentioned in this notice for breach of the Fuel Quality Standards Act 2000 or the approval granted under it. However, it is important to note that any non-compliance with the terms and conditions of the approval, or with the Act itself, could potentially result in enforcement action being taken by the Assistant Secretary or other relevant authorities. The consequences of such action could include the revocation or suspension of the approval, fines, or other penalties as determined by the relevant legislation.