Notice of decision to vary approvals granted under the Fuel Quality Standards Act 2000

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2017G00777 In force Gazette

Legislation content

 

ASSISTANT SECRETARY, ASSESSMENTS (NSW, ACT) AND FUEL BRANCH

DEPARTMENT OF THE ENVIRONMENT AND ENERGY

NOTICE UNDER SECTION 17D OF THE FUEL QUALITY STANDARDS ACT 2000 CONCERNING A DECISION TO VARY APPROVALS GRANTED UNDER SECTION 13
OF THAT ACT

 

I, Kim Farrant, Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch, delegate of the Minister for the Environment and Energy, provide the following information concerning my decision to vary a set of approvals granted under section 13 of the Fuel Quality Standards Act 2000.

Name of approval holders

  • ACB Group Pty Ltd, granted on 5 December 2014
  • BP Australia Pty Ltd, granted on 5 December 2014
  • ERC Racing Fuels Pty Ltd, granted on 23 December 2015
  • International Motorsport Solutions Pty Ltd, granted on 1 December 2015
  • International Motorsport Solutions Pty Ltd, granted on 10 December 2015
  • Just Fuel Petroleum Service Pty Ltd, granted on 5 December 2014
  • Netaway Pty Ltd (trading as VPW Australia), granted on 5 December 2014
  • Netaway Pty Ltd (trading as VPW Australia), granted on 10 December 2015
  • Race Fuels Pty Ltd, granted on 5 December 2014
  • VP Racing Fuels Pty Ltd, granted on 5 December 2014
  • VP Racing Fuels Pty Ltd, granted on 10 December 2015

Details of the variation

The listed approvals were granted to vary the Fuel Standard (Petrol) Determination 2001 to permit the supply of specialist unleaded and/or leaded racing fuel as specified in the original grants of approval or subsequent variations.

Pursuant to sections 13 and 17D of the Act, the period of operation of each approval listed has been extended until 30 June 2019.

Period of operation

This variation comes into force on the date of signing and remains in force for each approval listed until 30 June 2019. 

 

Summary of reasons for the variation

Having consulted with the Fuel Standards Consultative Committee as required by section 17D(3) of the Act, I grant the variation to each listed approval as provided for in section 15 of the Act for the following reasons:

a)      The protection of the environment

With the exception of lead, the use of which in racing fuel is being phased out over the next two years, it is not expected that permitting the supply of the fuels covered by the 11 current racing fuel approvals for motor sport activities will have an irreversible effect on the environment. The matters considered by the delegate when the approvals were first granted remain unaltered by a further two year extension, namely:

  • The fuel subject to this recommendation is supplied and used in small quantities for motor sport activities. In the case of leaded fuel, will only be supplied for a final, finite length of time (two further years).
  • For fuel containing more than one per cent MTBE (methyl tert butyl ether), the approval conditions state that it cannot be used for activities occurring on freshwater lakes and waterways, as the consequences of even a small amount of MTBE contaminating water sources can be significant.
  • The fuel is expensive compared with normal fuels and the price provides a disincentive for any waste, misuse or spillage.

b)      The protection of occupational and public health and safety

Exposure to certain substances in petrol and vehicle exhaust can be toxic. The risks associated with exposure to racing fuels may be higher than for petrol because of the additional substances contained in them. A variety of negative health effects can occur, depending upon the substance, the level and duration of exposure. At venues that use racing fuels, exposure may extend to drivers, team members, race officials, spectators and the immediate environment.

In the particular case of leaded racing fuels, as noted above, exposure to even small amounts of lead and lead compounds can have health effects when ingested or inhaled, and all the lead in the fuel is emitted in the exhaust.

However, specialist racing fuels are supplied in sealed containers of up to 200 litres capacity (except for use in pre-1986 built racing vehicles which may be dispensed from a bowser) and are used in small quantities, primarily in off-road activities, and in widely dispersed locations. Safe handling information is also provided with the fuel.

These considerations are not altered by a further two year extension of the original approvals.

 

c)      The interests of consumers

Specialist leaded racing fuels meet the needs of a niche market for specific classes of motor racing. The consumers using these fuels seek the performance and operability characteristics provided by these fuels. Without them, motor sport competitors may not be able to operate their vehicles effectively with currently employed technology.

These considerations are not altered by a further two year extension of the original approvals.

d)      The impact on economic and regional development

Many racing venues are located outside major population areas. Motor and water sport events provide an ongoing financial benefit to these regional communities.

These considerations are not altered by a further two year extension of the original approvals.

 

 

The variation is granted subject to the conditions specified in section 17 of the Act.

 

 

 

 

Kim Farrant  

Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch  

23 June 2017

Overview

The Fuel Quality Standards Act 2000 was enacted by the Parliament of Australia to regulate the quality of fuel supplied in Australia, aiming to protect the environment, public health, and safety while ensuring economic and regional benefits. This Act provides the framework for establishing and enforcing standards for fuel quality, including the approval process for supplying fuels that do not conform to standard quality specifications, such as specialist racing fuels. The Act empowers the Minister for the Environment and Energy to approve such variations under specific conditions. The policy objective of the Act is to balance the need for high-quality fuel with the unique requirements of certain industries, such as motorsports, by allowing the supply of specially formulated fuels under strict regulatory oversight. This approach ensures that while the general public benefits from high-quality fuel, niche markets can still operate with the specific fuels they require, provided it does not pose significant harm to health, safety, or the environment.

Scope and Application

The notice concerns a decision made by Kim Farrant, the Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch, delegate of the Minister for the Environment and Energy, regarding the variation of certain approvals granted under section 13 of the Fuel Quality Standards Act 2000. These approvals were granted to specific entities, such as ACB Group Pty Ltd, BP Australia Pty Ltd, and others, to permit the supply of specialist unleaded and/or leaded racing fuel as specified in the original grants of approval or subsequent variations. The geographic reach of the Act applies to the Commonwealth, as it involves the Department of the Environment and Energy. The variation extends the period of operation of each approval listed until 30 June 2019. The decision was made in consultation with the Fuel Standards Consultative Committee and is based on considerations including the protection of the environment, the protection of occupational and public health and safety, the interests of consumers, and the impact on economic and regional development. The variation is granted subject to the conditions specified in section 17 of the Act, and the decision can be further extended or restricted through subordinate instruments.

Key Provisions

Under section 13 of the Fuel Quality Standards Act 2000, certain approvals were initially granted to various entities, allowing them to supply specialist unleaded and/or leaded racing fuel, as specified in the original approvals or subsequent variations. These approvals were extended to operate until 30 June 2019, as per section 17D of the Act. This extension applies to approvals held by ACB Group Pty Ltd, BP Australia Pty Ltd, ERC Racing Fuels Pty Ltd, International Motorsport Solutions Pty Ltd, Just Fuel Petroleum Service Pty Ltd, Netaway Pty Ltd (trading as VPW Australia), Race Fuels Pty Ltd, and VP Racing Fuels Pty Ltd, all of which were granted between 5 December 2014 and 23 December 2015. The obligations and requirements imposed by the Act on the parties involved include ensuring that the specialist fuels supplied are used in small quantities primarily for motor sport activities and that they adhere to specific conditions, such as the prohibition of leaded fuel use beyond the set timeframe and the restriction of fuels containing more than one per cent MTBE from being used near freshwater lakes and waterways. The entities must also ensure safe handling and provide necessary information to all individuals who might be exposed to the racing fuels. They must also ensure that the fuels are supplied in sealed containers of up to 200 litres capacity, except in the case of pre-1986 built racing vehicles which may be dispensed from a bowser. Breaches of the conditions specified under the Act could result in civil or criminal consequences. The penalties for non-compliance may include fines and, in some cases, imprisonment. The maximum penalties are not explicitly stated in the notice, but under the Fuel Quality Standards Act 2000, breaches can lead to fines of up to $16,500 for individuals and $82,500 for corporations, as well as potential imprisonment terms. The specific penalties would depend on the nature and severity of the breach, and they would be determined by the courts in the event of legal proceedings.

Legal classification tags

Area of Law
Environmental Law
Instrument
Gazette Notice
Concepts
Regulatory Standards
Reporting & Disclosure Obligations
Environmental Impact

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.