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

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

Legislation au C2015G00167 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

VP Racing Fuels 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

This approval varies the fuel standards for petrol set out in the Fuel Standard (Petrol) Determination 2001 (the Petrol Determination) and the fuel standards for ethanol fuel set out in the Fuel Standard (Ethanol E85) Determination 2012 (the Ethanol E85 Determination) so that:

  1. specialist leaded and unleaded racing fuel containing any of the following parameters for a period of one year:
  • Lead up to 1.85 g/L
  • Methyl tertiary-butyl ether (MTBE) up to 55 per cent v/v
  • Aromatics up to 95 per cent v/v
  • Olefins up to 60 per cent v/v
  • Oxygen up to 14.6 per cent m/m in petrol not containing ethanol
  • Sulfur up to 375 mg/kg

 

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

  • Methyl tertiary-butyl ether (MTBE) up to 55 per cent v/v
  • Olefins up to 55 per cent v/v
  • Oxygen up to 35 per cent m/m in petrol containing ethanol
  • Oxygen up to 9.5 per cent m/m in petrol not containing ethanol
  • Ethanol up to 80 per cent v/v

 

will be taken to comply with the relevant parameters specified in the Petrol Determination or Ethanol (E85) Determination (in the case of 80 per cent ethanol only) 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 to regulate the quality of fuel in Australia, ensuring that it meets certain standards to protect the environment, public health, and safety. The Act allows for the approval of variations to fuel standards to accommodate specific needs, such as the use of specialist racing fuels in motor sport activities. This legislation was introduced to address the need for flexibility in fuel standards to support niche markets while maintaining overall environmental and health protections. The Act is administered by the Australian Parliament, with the policy objective of balancing the interests of the motor sport industry with broader environmental and public health considerations. The Assistant Secretary, Environment Protection Branch, Department of the Environment, has the authority to grant approvals under the Act, as demonstrated in the decision to allow VP Racing Fuels Pty Ltd to supply specialist leaded and unleaded racing fuels for motor sport purposes, subject to specified conditions.

Scope and Application

The Fuel Quality Standards Act 2000 applies to the regulation of fuel quality in Australia, specifically addressing the approval of variations in fuel standards for certain purposes. This Act applies to entities such as VP Racing Fuels Pty Ltd, which have been granted an approval to supply specialist racing fuels under specific conditions. The approval process is overseen by the Assistant Secretary of the Environment Protection Branch, who acts as the delegate of the Minister for the Environment. The geographic reach of this Act is national, as it pertains to the regulation of fuel standards across Australia. The Act allows for the exemption of certain fuels from standard requirements if they are intended for legitimate motor sport activities, which must be conducted under controlled conditions to mitigate environmental and health risks. The Act extends its application through subordinate instruments such as determinations and approvals, which detail the specific parameters and conditions under which these exemptions apply.

Key Provisions

The main operative sections of the notice concern the decision to grant an approval for a variation of the fuel standard (Section 13 of the Fuel Quality Standards Act 2000). This approval, granted to VP Racing Fuels Pty Ltd, allows for the supply of specialist leaded and unleaded racing fuel with specific parameters for use in legitimate motor sport activities. The period of operation of this approval is from 1 January 2015 for the periods specified in the notice. The approval varies the fuel standards set out in the Fuel Standard (Petrol) Determination 2001 and the Fuel Standard (Ethanol E85) Determination 2012 to permit certain parameters for lead, methyl tertiary-butyl ether (MTBE), aromatics, olefins, oxygen, and sulfur in petrol, and ethanol content in petrol. These variations apply for a one-year period for specialist leaded racing fuel and a two-year period for specialist unleaded racing fuel. The obligations and requirements imposed by this approval include the conditions specified in section 17 of the Act and those detailed in Annexure 2 of the approval. These conditions likely involve the safe handling, storage, and use of the specified fuels, particularly concerning the risks to the environment, occupational and public health, and safety. VP Racing Fuels Pty Ltd and the regulated persons listed in Annexure 1 must adhere to these conditions to ensure that the use of the approved fuels does not cause significant environmental harm or pose undue risks to health and safety. Additionally, safe handling information must be provided with the fuel, and the volume of fuel supplied under the approval must be limited. Any breaches of the conditions set out in the approval or the Act may result in offences and penalties. Under section 15A of the Act, a person who contravenes a condition of an approval commits an offence and is liable to a penalty. The maximum penalty for each contravention is generally outlined in the Act and can include fines and, in severe cases, imprisonment. Furthermore, there may be civil consequences for any harm caused to the environment or to health and safety due to the use of the approved fuels, which could result in compensation claims or additional fines. The specific penalties and consequences depend on the nature and extent of the breach.

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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.