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 and remove regulated persons to the approval.
On 26 February 2009 an approval was granted to Freedom Fuels Terminalling Pty Ltd (the approval). The approval varies the Fuel Standard (Automotive Diesel) Determination 2001 to permit the supply of diesel/biodiesel blends as specified in the approval. Freedom Fuels Terminalling Pty Ltd has since applied for a variation to the approval to add and remove regulated persons.
Period of operation
The approval, as varied, comes into force on the date of signing and remains in force until 30 June 2014.
Additional regulated persons
The following regulated persons have been removed from the approval:
Hope's Fuel Supplies | 3 Railway Avenue | Gunnedah | NSW | 2380 |
Keith McKay Tyre & Mechanical | 153 Musgrave Road | Red Hill | QLD | 4059 |
Lup Enterprises Pty Ltd | PO Box 3359 | Toowoomba | QLD | 4350 |
North Pine Motors Pty Ltd | 823 Gympie Road | Lawnton | QLD | 4501 |
Wessel Petroleum Pty Ltd | 7 Whittred Street | Bundaberg | QLD | 4670 |
Chalita Pty Ltd as trustee for the Leggat Family Trust | 32 Vaux Street | Laidley | QLD | 4341 |
Oilsplus Pty Ltd as trustee for Oilsplus Unit Trust | PO Box 8329 | East Orange | NSW | 2800 |
EG Khoury Group Pty Ltd | 26-28 Cumberland H'way | Smithfield | NSW | 2164 |
IK Petroleum Pty Ltd | 107-109 Kent Road | Pascoe Vale | VIC | 3044 |
The following regulated persons have been added to the approval:
NM Owen Pty Ltd | 9 Melrose Road | Albert | NSW | 2873 |
South West Qld Fuel Supplies | 245 Bridge Street | Oakey | QLD | 4401 |
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 removal and addition of these regulated persons, therefore no significant additional impact on the environment is expected.
- The removal and addition of these regulated persons is not expected to pose significant safety concerns.
Andrew McNee
Assistant Secretary
22 January 2014
Overview
The Fuel Quality Standards Act 2000 was enacted to ensure that the quality of fuel sold in Australia meets specified standards, thereby protecting the environment and public health from the adverse effects of poor-quality fuel. This legislation provides a framework for the regulation of fuel quality, including the establishment of fuel standards and the granting of approvals for the supply of fuels that meet these standards. The Act was introduced to address the problem of substandard fuel being supplied in the market, which can lead to environmental pollution, public health risks, and damage to vehicles. The enacting body responsible for this legislation is the Australian Parliament. The policy objective of the Act is to maintain and improve the quality of fuel supplied in Australia, thereby reducing the environmental and health impacts associated with poor-quality fuel. The Assistant Secretary, Environment Protection Branch, Department of the Environment, exercises powers under the Act to approve fuel suppliers and regulate the quality of fuel supplied in the market.
Scope and Application
The Fuel Quality Standards Act 2000 applies to entities involved in the supply of fuel in Australia, specifically regulating the quality standards for automotive diesel. The Act is administered at the Commonwealth level, thereby having a national reach. This legislation applies to regulated persons who are involved in the supply of fuel and have been granted an approval under section 13 of the Act. The Act allows for variations to these approvals, including the addition or removal of regulated persons, as demonstrated in the decision to vary the approval granted to Freedom Fuels Terminalling Pty Ltd. The geographic scope of this legislation is nationwide, impacting entities across various states and territories in Australia. The Act may extend or restrict its application through subordinate instruments, such as determinations and approvals, which specify the conditions under which fuel may be supplied. The notice provided indicates that the variation of the approval to add and remove certain regulated persons is expected to have minimal impact on the environment and safety, justifying the decision under section 17 of the Act.
Key Provisions
The Fuel Quality Standards Act 2000 provides the framework under which the approval to supply diesel/biodiesel blends is granted and varied. Section 13 of the Act pertains to the approval process for supplying alternative fuels, while section 17 deals with the variation of such approvals (section 13 and section 17). The notice issued by Andrew McNee, the Assistant Secretary of the Environment Protection Branch, Department of the Environment, informs that a decision has been made to vary an existing approval granted to Freedom Fuels Terminalling Pty Ltd. This decision, effective from the date of signing and lasting until 30 June 2014, includes both the removal and addition of regulated persons who are permitted to supply the specified fuel blends.
The obligations imposed by this Act on Freedom Fuels Terminalling Pty Ltd and the newly approved regulated persons include compliance with the stipulated fuel standards and any conditions attached to the approval. These regulated persons must ensure that the supply of the diesel/biodiesel blends adheres to the environmental and safety standards set forth in the Act. The removal of certain regulated persons from the approval means that they are no longer authorised to supply the blends, while the addition of new regulated persons extends this authorisation to them, provided they meet the necessary criteria and conditions.
Failure to comply with the provisions of the Fuel Quality Standards Act 2000 may result in civil or criminal penalties. The Act does not specify exact penalties within the notice; however, breaches of environmental legislation generally can attract significant fines and, in some cases, imprisonment. The seriousness of the breach, intent, and history of non-compliance are factors that can influence the severity of the penalties imposed. The regulated persons must therefore ensure strict adherence to the terms of their approval to avoid any legal repercussions.