ASSISTANT SECRETARY, ENVIRONMENT PROTECTION 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, Andrew McNee, Assistant Secretary, Environment Protection Branch, Department of the Environment, delegate of the Minister for the Environment, provide the following information concerning my decision made pursuant to section 17 of the Fuel Quality Standards Act 2000 to vary an approval granted under section 13 of the Act to add a regulated person to the approval.
On 26 November 2013 an approval was granted to VP Racing Fuels Pty Ltd (the approval). The approval varies the Fuel Standard (Petrol) Determination 2001 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 a regulated person.
Period of operation
The approval, as varied, comes into force on the date of signing and remains in force until 31 December 2014.
Additional regulated persons
The following regulated persons have been added to the approval:
X-treme motorsport
ABN 77641490859 | 6 Whitehouse Street
| GARBUTT QLD 4814 |
Summary of reasons for the approval
I grant the approval as provided for in section 15 of the Act for the following reasons:
- 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.
- The addition of one regulated person to the approval is not expected to pose significant safety concerns.
Andrew McNee
Assistant Secretary
9 September 2014
Overview
The Fuel Quality Standards Act 2000, enacted by the Parliament of Australia, aims to regulate the quality of fuel sold in Australia, ensuring environmental protection and public safety. This Act was introduced to address issues related to the quality and environmental impact of fuel supplied in the country. The Act empowers the Minister for the Environment to set fuel quality standards and approvals for specific purposes, such as the supply of racing fuel. The policy objective of the Act is to maintain high fuel quality standards while facilitating legitimate fuel supply activities that meet specific environmental and safety criteria. In the context of this particular legislation, the decision to vary an approval granted under section 13 of the Act to add a regulated person is intended to allow for the smooth operation of racing fuel supply activities without significantly impacting the environment or public safety.
Scope and Application
The Fuel Quality Standards Act 2000 applies to the regulation of fuel quality within Australia, ensuring that fuels supplied meet certain environmental and safety standards. The Act specifically governs the approval processes for entities that wish to supply fuel that does not conform to the standard fuel specifications, as detailed in the Fuel Standard (Petrol) Determination 2001. This includes granting approvals for the supply of specialised fuels, such as racing fuel, to regulated persons who meet the criteria set out in the Act. The Act applies to entities like VP Racing Fuels Pty Ltd and any additional regulated persons approved to supply such fuels. The geographic reach of the Act is national, as it applies across Australia, but the approval process is managed by the Commonwealth through the Department of the Environment. The Act includes provisions for varying approvals to add or remove regulated persons, as demonstrated by the decision to add X-treme motorsport to the approval for VP Racing Fuels Pty Ltd. Subordinate instruments may further define the scope and application of the Act, but the primary legislation establishes the framework for fuel quality standards and approvals.
Key Provisions
The main sections relevant to this notice are sections 13, 15, and 17 of the Fuel Quality Standards Act 2000. Section 13 allows for the grant of an approval that modifies the Fuel Standard (Petrol) Determination 2001 to permit the supply of racing fuel. Section 15 outlines the conditions under which an approval may be granted, and section 17 empowers the Assistant Secretary to vary an existing approval to include additional regulated persons. In this case, the approval granted to VP Racing Fuels Pty Ltd was varied to include an additional regulated person, X-treme motorsport, as specified in the notice.
The obligations and requirements imposed by this Act on the parties it governs are primarily centred around ensuring that the supply of fuel adheres to specified standards and does not adversely affect the environment or safety. The approval process, as outlined in the Act, ensures that any variations to the supply of racing fuel are closely monitored and approved by the relevant authority. This is to ensure that the environmental and safety standards are upheld despite any changes in the entities involved in the supply chain. The additional regulated person, X-treme motorsport, must comply with the terms of the approval and ensure that their operations do not exceed the environmental and safety parameters set by the Act.
The notice also details the consequences of breaching the provisions of the Act. While the notice does not explicitly state the penalties for non-compliance, breaches of the Fuel Quality Standards Act 2000 can result in substantial civil and criminal penalties. Under the Act, offences can attract fines and imprisonment, with the specific penalties varying depending on the severity and intent of the breach. For instance, section 37 of the Act provides for fines of up to $22,000 for individuals and $110,000 for bodies corporate for various offences. Further, the Act allows for criminal proceedings to be initiated against individuals or entities that fail to comply with the Act, which can result in more severe penalties, including imprisonment. It is essential for all parties governed by the Act to be fully aware of their obligations and the potential consequences of non-compliance.