Notice of decision to vary an approval under the Fuel Quality Standards Act 2000 - International Motorsport Solutions Pty Ltd

Overview

The Fuel Quality Standards Act 2000 was enacted by the Parliament of Australia to ensure the quality of fuel supplied within Australia, thereby protecting public health, the environment, and consumer interests. This Act was introduced to address the need for stringent fuel quality standards, which were previously lacking, and to provide a regulatory framework that ensures compliance with these standards. The policy objective of the Act is to maintain high-quality fuel standards while allowing for flexibility in certain circumstances, such as the supply of specialist fuels for specific purposes. The Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch, Department of the Environment, has the authority to approve variations to the fuel standards, as demonstrated in the decision to vary an approval granted under section 13 of the Act. This decision involves modifying the Fuel Standard (Petrol) Determination 2001 to permit the supply of specialist unleaded racing fuel, reflecting the Act’s aim to balance environmental protection with practical needs in the fuel industry.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities involved in the supply of fuel in New South Wales and the Australian Capital Territory, specifically targeting those who supply petrol that needs to meet certain quality standards. This Act allows for approvals to be granted to entities that wish to supply fuel that may not conform to the standard specifications set forth in the Fuel Standard (Petrol) Determination 2001. The Act's application is limited to the geographic jurisdiction of New South Wales and the Australian Capital Territory. In this case, the approval granted by the Assistant Secretary under the Act extends to International Motorsport Solutions Pty Ltd, which has been permitted to supply specialist unleaded racing fuel. The approval was varied to include an additional regulated person, The Trustee for Johanson Family Trust trading as Johanson Brothers Motorsport JB Enterprises PL, which will operate under the same terms until 31 December 2017. The approval process involves a detailed consideration of environmental, safety, and consumer interests, with the decision to vary the approval hinging on the likelihood of significant additional impacts being minimal. The Act also allows for the use of subordinate instruments to extend or restrict its application, although in this instance, the variation was granted directly under the authority of the Act.

Key Provisions

The notice under section 17 of the Fuel Quality Standards Act 2000 (the Act) informs of the decision to vary an approval granted under section 13 of the Act. On 1 December 2015, an approval was granted to International Motorsport Solutions Pty Ltd, allowing the supply of specialist unleaded racing fuel as specified in the approval. This approval varied the Fuel Standard (Petrol) Determination 2001. The variation adds one regulated person to the approval, The Trustee for Johanson Family Trust (trading as Johanson Brothers Motorsport JB Enterprises PL), effective from the date of signing until 31 December 2017. The decision to grant this variation is provided under section 15 of the Act. The obligations and requirements imposed by the Act on the parties and entities it governs include the necessity for any entity seeking to supply specialist unleaded racing fuel to obtain an approval from the Minister for the Environment. This approval process is crucial to ensure that the supply of such fuel adheres to environmental standards and does not pose significant safety concerns or adversely affect consumers and regional development. Additionally, the regulated persons must comply with the conditions set out in the approval, which may include the volume of fuel supplied and the specific requirements for handling and distributing the fuel. The Fuel Quality Standards Act 2000 establishes potential offences, penalties, and consequences for breaches of its provisions. Entities that fail to comply with the approval conditions or supply fuel not in accordance with the Act may face civil or criminal penalties. The exact nature and severity of these penalties depend on the specific breach and its impact. For example, supplying fuel that does not meet the approved standards could result in fines or other enforcement actions. The Act does not explicitly state maximum penalties within the notice, but it is likely that penalties are aligned with those set out in other sections of the Act or related legislation, which can include substantial fines and potential imprisonment for serious breaches.