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 regulate the quality of fuel supplied in Australia, ensuring it meets certain environmental and safety standards. This Act fills a legislative gap by providing a framework to approve the supply of fuel that may not meet the standard set by the Fuel Standard (Petrol) Determination 2001 but is deemed acceptable for specific purposes, such as specialist leaded racing fuel. The policy objective behind the Act is to balance environmental protection with the need for certain industries to have access to specialised fuel types, while also ensuring consumer safety and economic considerations are taken into account. On 5 July 2016, the Assistant Secretary for Assessments (NSW, ACT) and Fuel Branch of the Department of the Environment issued a notice varying an approval granted under section 13 of the Act, permitting the addition of another regulated person to supply specialist leaded racing fuel. This decision was based on the assessment that the environmental impact, safety concerns, and consumer interests would not be significantly affected by this change.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities involved in the supply of fuel within the Australian states of New South Wales and the Australian Capital Territory, and regulates the quality of fuel supplied in these jurisdictions. The Act and its subordinate instruments govern the standards and approvals required for the supply of fuel, including the supply of specialist fuels such as leaded racing fuel. In this instance, the Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch, a delegate of the Minister for the Environment, has exercised their powers under the Act to vary an approval granted to International Motorsport Solutions Pty Ltd, which pertains to the supply of specialist leaded racing fuel. The variation, which comes into effect from the date of signing until 31 December 2016, allows for the addition of an additional regulated person, The Trustee for Johanson Family Trust trading as Johanson Brothers Motorsport JB Enterprises PL, to the approval. The decision to grant the variation was based on the assessment that the addition of one regulated person is unlikely to result in a significant environmental impact, safety concerns, or adverse effects on consumer interests and economic and regional development. The Act and its subordinate instruments provide the framework for such approvals and variations, ensuring compliance with fuel quality standards in the specified jurisdictions.

Key Provisions

The primary sections of the Fuel Quality Standards Act 2000 relevant to this notice include Section 13, which pertains to the initial granting of an approval for the supply of a fuel standard, and Section 15, which outlines the basis for varying an existing approval. Section 17, under which this notice is issued, mandates the publication of decisions to vary an approval. In this case, the approval granted under Section 13 to International Motorsport Solutions Pty Ltd has been varied to include an additional regulated person, as detailed in the notice. Under the Act, entities such as International Motorsport Solutions Pty Ltd are required to apply for any changes to their approvals, ensuring that any new regulated person meets the criteria set forth by the Act. The obligations imposed on these entities include demonstrating that the proposed variation will not significantly alter the environmental impact, safety concerns, or consumer interests. Furthermore, they must adhere to the period of operation specified in the approval, which in this instance runs until 31 December 2016. Should any party breach the conditions set out in the approval or fail to meet the obligations under the Act, they could face civil or criminal consequences. The Act does not explicitly state the penalties for breaches, but it is understood that violations could result in fines or other sanctions as prescribed by related legislation. The severity of the penalties would depend on the nature and extent of the breach, with potential maximum penalties being determined by the specific circumstances of the case.