Notice of decision to vary an approval under the Fuel Quality Standards Act 2000 - Just Fuel Petroleum Service Pty Ltd

Overview

The Fuel Quality Standards Act 2000 was enacted to ensure that fuel supplied in Australia meets certain quality standards, thereby protecting the environment and public health. This legislation was introduced by the Parliament of Australia to address issues related to the quality and environmental impact of fuel supplied across the country. The Act establishes standards for fuel quality and provides a framework for approving entities that supply fuel. In this context, the Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch, a delegate of the Minister for the Environment, has exercised powers under section 17 of the Act to vary an approval granted under section 13. The policy objective underpinning this action is to facilitate the supply of fuel in a manner that minimises environmental impact while ensuring safety standards are maintained. The variation in question, which adds a regulated person to an existing approval, is intended to allow continued supply of racing fuel under controlled conditions, with the expectation that the additional entity will adhere to the same stringent quality and safety standards as the original approver.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities involved in the supply of fuel within the Commonwealth of Australia, particularly in relation to ensuring compliance with set fuel quality standards. This Act, administered by the Department of the Environment, pertains to approvals granted to specific entities allowing them to supply fuel under particular conditions, as outlined in the Act. In this instance, the Act applies to Just Fuel Petroleum Service Pty Ltd, which has been granted an approval to supply racing fuel, and subsequently, to The Trustee for Cecam Petroleum Trust, which has been added to the approval. The geographic reach of the Act is nationwide, although the specific application here affects entities operating within the jurisdictions of New South Wales and the Australian Capital Territory. The Act does not specify exclusions or thresholds in the provided notice, but generally, it encompasses all entities and individuals involved in the supply of fuel that fall under its purview. The application of the Act can be extended or restricted through subordinate instruments, which may include further regulations or determinations detailing specific operational requirements or conditions of approval.

Key Provisions

The notice under section 17 of the Fuel Quality Standards Act 2000 details a decision by Victoria Press, the Acting Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch, acting on behalf of the Minister for the Environment. The decision concerns a variation to an approval granted under section 13 of the Act, specifically modifying the Fuel Standard (Petrol) Determination 2001 to allow for the supply of racing fuel. Initially granted on 5 December 2014 to Just Fuel Petroleum Service Pty Ltd, this approval has been amended to include an additional regulated person, effective from the date of signing until 31 December 2016. The additional regulated person is The Trustee for Cecam Petroleum Trust, with an Australian Business Number (ABN) of 66 324 574 627 and a street address at 100 McKinnon Road, MCKINNON VIC 3204. The obligations imposed by this variation are primarily administrative and procedural. The regulated entities involved must adhere to the updated terms of the approval, ensuring that the supply of racing fuel complies with the specified standards and does not significantly impact the environment or pose safety risks. Given the minor nature of the variation, which involves adding only one additional regulated person, the compliance requirements are straightforward and involve maintaining accurate records and reporting any changes or issues to the relevant authorities as stipulated in the Act. The Act itself imposes a responsibility on the entities to ensure that the fuel supplied under the approval meets the required standards and does not have a significant adverse environmental impact. In terms of potential consequences for non-compliance, the Act does not explicitly outline specific offences, penalties, or consequences for breach in the provided notice. However, generally under Australian legislation, breaches of environmental or fuel quality standards can lead to significant penalties. These may include fines, which can be substantial depending on the severity and frequency of the breach, as well as potential legal action that could result in further financial penalties or even criminal charges for serious violations. The specific penalties would be determined based on the nature and extent of the breach, and would be subject to the broader provisions of the Act and any related environmental or fuel quality legislation.