ASSISTANT SECRETARY, ASSESSMENTS (NSW, ACT) 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, Assessments (NSW, ACT) 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 5 December 2014 an approval was granted to VP Racing Fuels Pty Ltd. The approval varies the Fuel Standard (Petrol) Determination 2001 and the Fuel Standard (Ethanol E85) Determination 2012 to permit the supply of racing fuel as specified in the approval. VP Racing Fuels 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 31 December 2016.
Additional regulated person
The following regulated person has been added to the approval:
Name | ABN | Street Address |
Opal Maze Pty Ltd, T/A Bio Race Fuel | 14 114 783 756 | 6-10 Meryla Street, Robertson, NSW 2577 |
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
26 November 2015
Overview
The Fuel Quality Standards Act 2000 was enacted by the Australian Parliament to establish standards for the quality of fuel and to regulate its supply. The Act was introduced to address the need for uniform standards across Australia to ensure the quality of fuel supplied to consumers and to protect the environment from potential adverse impacts of fuel supply. This legislation provides the framework for the approval and regulation of fuel standards and the entities involved in their supply. In this context, the Fuel Quality Standards Act 2000 aims to balance the economic activities related to fuel supply with environmental protection and public safety considerations. The policy objective of the Act is to ensure that the fuel supplied in Australia meets certain quality standards and that the entities involved in fuel supply operate in a manner that does not significantly harm the environment or compromise public safety.
Scope and Application
The Fuel Quality Standards Act 2000, under which this approval operates, applies to entities involved in the supply of fuel within the jurisdictions of New South Wales and the Australian Capital Territory. Specifically, the Act pertains to the regulation and quality standards of fuel, ensuring that these entities adhere to specified standards for petrol and ethanol fuels, such as the Fuel Standard (Petrol) Determination 2001 and the Fuel Standard (Ethanol E85) Determination 2012. The Act authorises the Minister for the Environment to grant approvals to entities that wish to supply racing fuel, provided certain conditions are met. In this case, the approval has been granted to VP Racing Fuels Pty Ltd, and subsequently expanded to include Opal Maze Pty Ltd, trading as Bio Race Fuel. The application of this approval is geographically limited to New South Wales and the Australian Capital Territory, aligning with the jurisdictional scope of the Act. The approval itself includes specific conditions and limitations, such as the duration of the approval and the addition of a regulated person, which must comply with the standards set forth by the Act. The Act allows for the extension or restriction of its application through subordinate instruments, which can provide further detail on the conditions and requirements for approvals.
Key Provisions
The notice under Section 17 of the Fuel Quality Standards Act 2000 (Section 17 Notice) informs that an approval was granted to VP Racing Fuels Pty Ltd under Section 13 of the Act (Section 13 Approval). This Section 13 Approval varies the Fuel Standard (Petrol) Determination 2001 and the Fuel Standard (Ethanol E85) Determination 2012 to permit the supply of racing fuel as specified in the approval. The variation is effective from the date of signing and will remain in force until 31 December 2016. Additionally, the approval has been varied to include Opal Maze Pty Ltd, trading as Bio Race Fuel, as an additional regulated person.
The obligations imposed on the parties under the Act include ensuring that any fuel supplied under the approval meets the specified standards, as outlined in the Fuel Standard Determinations. Both VP Racing Fuels Pty Ltd and Opal Maze Pty Ltd, as regulated persons, must comply with these standards to maintain their approval. They must also ensure that the addition of Opal Maze Pty Ltd does not lead to any significant environmental impact or safety concerns, as was assessed by the Assistant Secretary.
In terms of consequences, breaches of the provisions under the Fuel Quality Standards Act 2000 can result in both civil and criminal penalties. For example, supplying fuel that does not meet the standards can be considered an offence. The Act does not specify maximum penalties within the notice itself, but generally, breaches can lead to fines and other enforcement actions. Failure to comply with the Act can also result in the revocation of the approval, which would prevent the regulated persons from supplying the specified fuels. This underscores the importance of adherence to the terms and conditions set forth in the Section 13 Approval and the Section 17 Notice.