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 regulated persons to the approval.
On 26 February 2009 an approval was granted to the National Biofuels Group 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. The National Biofuels Group 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 30 June 2014.
Additional regulated persons
The following regulated persons have been added to the approval:
National Biodiesel Distributors (Australia) Pty Limited ACN 167 655 138 | Level 4, 71 Walker Street | North Sydney NSW 2060 |
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
30 March 2014
Overview
The Fuel Quality Standards Act 2000 was enacted to ensure that fuel supplied in Australia meets certain quality standards, which in turn protects public health and the environment from the adverse effects of fuel contaminants. The Act establishes a regulatory framework to manage fuel quality, and it provides mechanisms for the approval and monitoring of fuel quality standards and their enforcement. This legislation was introduced to address the problem of substandard fuel impacting both human health and environmental quality, aiming to provide a consistent regulatory approach across the nation. The policy objective of the Act is to safeguard public health and the environment by maintaining high standards for fuel quality. The Fuel Quality Standards Act 2000 is administered by the Commonwealth Parliament, which has the authority to enact legislation impacting environmental protection and public health across Australia. The decision to vary an approval under this Act, as demonstrated in the 2014 notice, is aimed at ensuring that the regulatory framework remains flexible and responsive to industry changes while continuing to uphold the Act’s environmental and health objectives.
Scope and Application
The Fuel Quality Standards Act 2000 applies to the regulation of fuel quality in Australia, including the approval process for the supply of certain fuel blends. The Act primarily applies to regulated persons, which are entities or individuals authorised to supply specified fuel blends. In this instance, the Act has been invoked to grant an approval to the National Biofuels Group Pty Ltd, and subsequently to add another regulated person, National Biodiesel Distributors (Australia) Pty Limited, to that approval. The Act's jurisdictional reach is national, as it is a Commonwealth Act. The Act allows for the Minister or their delegate to grant or vary approvals, which can include the addition of regulated persons to facilitate the supply of specified fuel blends. The approval is limited to a specific period, in this case from the date of signing until 30 June 2014, and the scope of operation is confined to the supply of diesel/biodiesel blends as specified in the approval. The Act does not explicitly state exclusions or thresholds in this particular notice, but it operates within the broader framework of environmental protection and safety standards set by the Commonwealth.
Key Provisions
The main operative sections of the Fuel Quality Standards Act 2000 relevant to this notice are sections 13, 15, and 17. Section 13 of the Act allows for the grant of an approval to vary the Fuel Standard (Automotive Diesel) Determination 2001, enabling the supply of specific blends of diesel and biodiesel. Section 15 sets out the criteria for granting such approvals, ensuring they do not significantly impact the environment or safety. Section 17 provides the authority to vary an existing approval, as demonstrated in this notice.
This Act imposes certain obligations on the parties it governs, including the requirement to adhere to the Fuel Standard (Automotive Diesel) Determination 2001. Specifically, the National Biofuels Group Pty Ltd and the additional regulated person, National Biodiesel Distributors (Australia) Pty Limited, must ensure that any diesel/biodiesel blends supplied under the approval meet the specified standards. The Assistant Secretary, Environment Protection Branch, Department of the Environment, has the responsibility to assess applications for approval variations and determine whether they meet the criteria set out in the Act.
There are no explicit offences, penalties, or civil/criminal consequences detailed within the notice itself. However, the Fuel Quality Standards Act 2000 may include provisions elsewhere that address non-compliance with the Act or its approvals. Potential breaches could lead to enforcement actions, fines, or other penalties as prescribed by the Act. The precise nature and extent of these consequences would need to be referenced in the broader legislative text.