ASSISTANT SECRETARY, ENERGY SECURITY BRANCH
DEPARTMENT OF THE ENVIRONMENT AND ENERGY
NOTICE UNDER SECTION 17E (3) OF THE FUEL QUALITY STANDARDS ACT 2000 CONCERNING A DECISION TO VARY APPROVALS GRANTED UNDER SECTION 13 OF THAT ACT
I, Helen Bennett, Assistant Secretary, Energy Security Branch, delegate of the Minister for the Environment and Energy, provide the following information concerning my decision to vary approvals granted under section 13 of the Fuel Quality Standards Act 2000.
Name of approval holder
International Motorsport Solutions Pty Ltd
Details of the variation
On 1 December 2015 and 10 December 2015, approvals were granted to International Motorsport Solutions Pty Ltd to vary the Fuel Standard (Petrol) Determination 2001 to permit the supply of specialist unleaded and leaded racing fuel as specified in the approvals. International Motorsport Solutions Pty Ltd has since applied to vary the approvals by adding the following regulated person:
Name | ABN | Street Address |
Muffler Mart & Tyre Pty Ltd
| 40 620 815 983 | 7/33 York Road
SOUTH PENRITH NSW 2750 |
Period of operation
The variation comes into force on the date of signing and remains in force until 30 June 2019.
Summary of reasons for the variation
I grant the variation as provided for in section 15 of the Act for the following reasons:
a) The protection of the environment
This variation does not amend any of the conditions imposed on the original approval and does not create any additional impacts on the environment. Adding or removing regulated persons to the approval is not expected to significantly alter the volume of fuel to be supplied.
Specialist racing fuels are supplied to regulated persons in small quantities and they must comply with any conditions imposed on the original approval. Additionally, the fuel is expensive compared with normal fuels available to the public and the price provides a disincentive for any waste, misuse or spillage.
b) The protection of occupational and public health and safety
Leaded racing fuel is being phased out over two years, beginning 1 July 2017, with no more leaded racing fuel permitted from 1 July 2019.
Exposure to certain substances in specialist racing fuel and vehicle exhaust can be toxic. A variety of negative health effects can occur, depending upon the substance, the level and duration of exposure. At venues that use specialist racing fuels, exposure may extend to drivers, team members, race officals and spectators.
All regulated persons must comply with the conditions imposed on the original approval, including supplying the fuel in sealed drums and using safe handling procedures. This minor change to the number of regulated persons does not impact on occupational and public health and safety.
c) The interests of consumers
Specialist racing fuel meets 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. This minor change to the number of regulated persons does not impact on the interests of consumers.
d) The impact on economic and regional development
Motor or water sport events provide an ongoing financial benefit to regional communities. This minor change to the number of regulated persons does not impact on economic and regional development.
The variation is granted subject to the conditions specified in section 17 of the Act.
Helen Bennett
Assistant Secretary, Energy Security Branch
21 November 2017
Overview
The Fuel Quality Standards Act 2000 was enacted by the Parliament of Australia to regulate the quality of fuel sold in Australia, thereby addressing issues related to environmental protection, occupational and public health and safety, and consumer interests. This legislation provides a framework for establishing and enforcing fuel quality standards and allows the Minister to approve variations to these standards to meet specific needs, such as the supply of specialist racing fuels. The Act aims to balance the protection of the environment and public health with the economic and regional development benefits provided by motor and water sports. The decision to vary approvals granted under section 13 of the Act is made by a delegate of the Minister, such as the Assistant Secretary of the Energy Security Branch, considering factors including the protection of the environment, health and safety, consumer interests, and economic and regional development impacts. The variation granted to International Motorsport Solutions Pty Ltd in this case is subject to the conditions specified in section 17 of the Act.
Scope and Application
The Fuel Quality Standards Act 2000 applies to entities involved in the supply of fuels in Australia, including the approval holders and regulated persons authorised to supply specialist fuels such as unleaded and leaded racing fuel. The Act applies across the Commonwealth of Australia and aims to regulate the quality of fuel supplied to protect the environment, ensure occupational and public health and safety, and safeguard consumer interests. The Act provides for the variation of approvals granted under section 13 of the Act, which can include the addition or removal of regulated persons. The variation in this instance, concerning International Motorsport Solutions Pty Ltd and the addition of Muffler Mart & Tyre Pty Ltd as a regulated person, is subject to the conditions specified in section 17 of the Act and comes into force on the date of signing, remaining in effect until 30 June 2019. The Act allows for further application and restrictions to be detailed in subordinate instruments.
Key Provisions
The Fuel Quality Standards Act 2000, as modified by the notice under section 17E(3), permits the variation of approvals granted under section 13 of the Act (section 15). The approvals in question, granted to International Motorsport Solutions Pty Ltd, allow for the supply of specialist unleaded and leaded racing fuel as detailed in the approvals. The variation adds Muffler Mart & Tyre Pty Ltd as an additional regulated person, effective from the date of signing until 30 June 2019. This variation aims to ensure compliance with the original approval conditions and does not introduce any new environmental, health, safety, or economic impacts.
The obligations under the Act require International Motorsport Solutions Pty Ltd and Muffler Mart & Tyre Pty Ltd to adhere to the conditions set forth in the original approvals, ensuring that the supply of specialist racing fuel remains within the scope of the approvals. This includes maintaining the fuel in sealed drums and following safe handling procedures. Both parties must also ensure that the fuel is supplied to authorised users only and that any environmental, health, and safety risks associated with the fuel are mitigated. Compliance with these conditions is crucial to protect the environment, occupational and public health, and the interests of consumers.
Failure to comply with the conditions of the approvals or the varied conditions could result in enforcement actions under the Act. The maximum penalties for breaches of the Fuel Quality Standards Act 2000 can include fines up to $50,000 for individuals and $250,000 for bodies corporate, depending on the severity of the breach. Additionally, breaches may lead to the suspension or revocation of the approvals, thereby halting the supply of specialist racing fuel. This underscores the importance of adhering to the regulatory requirements to avoid potential legal and financial consequences.