ASSISTANT SECRETARY, ASSESSMENTS (NSW, ACT) AND FUEL 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, Antonella Bates, Acting 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 approvals 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 persons:
Name | ABN | Street Address |
Jennings, Brody
(business name Brody Jennings MX) | 53 780 337 976 | 62 Direens Road
LYMINGTON TAS 7109 |
Marusic, Brenton
(trading as Marusic Inductions) | 68 116 852 118 | 8 McKinley Court
HOLDEN HILL SA 5088 |
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.
Antonella Bates
Acting Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch
11 October 2017
Overview
The Fuel Quality Standards Act 2000 was enacted to regulate the quality of fuel sold in Australia, ensuring it meets environmental and health standards. This legislation was introduced to address the need for controlling fuel quality to protect the environment, public health, and regional economic development. The Act was passed by the Australian Parliament and its policy objective is to maintain high standards of fuel quality while accommodating the specific needs of industries that require specialist fuels, such as motorsport. The Act allows for the variation of approvals to accommodate changes in the supply chain for specialist fuels, ensuring that any modifications do not adversely impact the environment or public health. The variation process ensures that any changes to the supply chain of specialist fuels are closely monitored and regulated to uphold the standards set by the Act.
Scope and Application
The Fuel Quality Standards Act 2000 applies to entities and individuals involved in the production, supply, and distribution of fuel within the Commonwealth of Australia, including the Australian Capital Territory. The Act is administered by the Department of the Environment and Energy and applies to the supply of petrol, diesel, and other fuels. The Act seeks to protect the environment, public health, and safety, as well as the interests of consumers, and to support economic and regional development. The Act provides for the setting of fuel quality standards and the approval of variations to those standards by the Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch. In this instance, the Act applies to International Motorsport Solutions Pty Ltd and the two additional regulated persons who will be supplying specialist racing fuel. The variation is limited to the addition of these two regulated persons and does not alter the conditions imposed on the original approval. The variation is subject to the conditions specified in section 17 of the Act. The geographic reach of the Act is national, and the Act extends or restricts application through subordinate instruments such as determinations and approvals.
Key Provisions
The main operative sections of this legislation, as outlined in the Notice, pertain to the variation of approvals granted under the Fuel Quality Standards Act 2000 (section 13) and the subsequent variation of those approvals (section 15). Under section 13, the original approvals were granted to International Motorsport Solutions Pty Ltd to vary the Fuel Standard (Petrol) Determination 2001 for the supply of specialist unleaded and leaded racing fuel. The variation, detailed under section 15, permits the addition of two regulated persons to the list of those approved to supply these specialist fuels. This variation is set to be in effect from the date of signing until 30 June 2019.
The obligations and requirements imposed on the parties governed by this Act include ensuring compliance with the conditions of the original approval, which encompass the supply of fuel in sealed drums and adherence to safe handling procedures. The regulated persons, including the newly added Jennings, Brody (business name Brody Jennings MX) and Marusic, Brenton (trading as Marusic Inductions), must meet these conditions to maintain the approval. Additionally, they must ensure that the specialist racing fuels are supplied in small quantities, and any waste, misuse, or spillage is minimised due to the high cost of the fuel.
Failure to comply with the conditions and requirements of the Act may result in various consequences. Under the Fuel Quality Standards Act 2000, breaches can lead to civil or criminal penalties. For instance, supplying non-compliant fuel or failing to adhere to safety conditions can result in fines, with the maximum penalties varying based on the severity of the offence. Additionally, continued non-compliance may lead to the revocation of approvals, effectively prohibiting the supply of specialist racing fuels. This underscores the importance of strict adherence to the regulatory framework to avoid legal ramifications and protect public health and safety.