Notice Under Section 17A of the Fuel Quality Standards Act 2000 for Variation of the Fuel Quality Standards (Conventional Diesel) Determination 2025 – Green Power Solutions Pty Ltd (Expiry 30 June 2027)

Overview

The Fuel Quality Standards Act 2000 was enacted to establish and enforce standards that ensure fuel quality and its environmental impact. This legislation was introduced to address the need for regulating fuel quality to protect public health, the environment, and consumer interests. The Act was enacted by the Parliament of Australia, with the policy objective of ensuring that fuel supplied in Australia meets specific quality standards that reduce environmental harm and improve public health outcomes. In this context, the Act allows for the variation of fuel quality standards through approvals that consider environmental protection, public and occupational health and safety, consumer interests, and economic and regional development. This approach ensures that any changes to fuel standards are balanced to meet these broad objectives, as seen in the recent approval granted to Green Power Solutions Pty Ltd under section 13 of the Act, facilitating the supply of blended diesel-biodiesel fuel (B20) with specific parameters to support environmental benefits and economic growth while ensuring safety and consumer choice.

Scope and Application

The Fuel Quality Standards Act 2000 applies to various entities and industries involved in the production, supply, and distribution of fuel within Australia. The Act primarily concerns itself with the quality standards for different types of fuel, including conventional diesel, to ensure they meet specified parameters for environmental protection, consumer safety, and economic development. This Act is administered at the Commonwealth level and thus has a national reach. Its application extends to entities such as Green Power Solutions Pty Ltd, which have been granted specific approvals under the Act to supply blended fuels like B20, which is biodiesel mixed with conventional diesel. The Act allows for the variation of fuel quality standards through subordinate instruments, such as the Fuel Quality Standards (Conventional Diesel) Determination 2025, to adapt to new findings or changes in industry practices. Exclusions or exemptions from the Act are minimal, as it aims to maintain stringent quality controls to safeguard public and environmental health. The Act ensures that the supply of fuel in Australia aligns with the broader goals of reducing greenhouse gas emissions and fostering economic growth through the adoption of renewable fuels.

Key Provisions

Under section 13 of the Fuel Quality Standards Act 2000, Cris Cano, as the Branch Head of the Liquid Fuels Operations and Analysis Branch, has granted an approval to Green Power Solutions Pty Ltd. This approval varies the fuel standard for conventional diesel as set out in the Fuel Quality Standards (Conventional Diesel) Determination 2025, to allow for the supply of blended diesel-biodiesel fuel (B20). This means that fuel containing up to a maximum biodiesel content of 20% v/v, with a maximum density of 860 kg/m3 and a minimum derived cetane number of 46 will be considered compliant with the relevant parameters specified in the Conventional Diesel Standard. This approval is effective from the date of approval and will remain in force until 30 June 2027. This approval imposes specific obligations on Green Power Solutions Pty Ltd to ensure that the biodiesel content of the fuel supplied does not exceed the maximum of 20% v/v, and that the fuel meets the specified density and cetane number requirements. Green Power Solutions Pty Ltd must also comply with any additional conditions or requirements set out in the approval. The approval also requires Green Power Solutions Pty Ltd to provide any necessary information or documentation to demonstrate compliance with the approval. Failure to comply with the terms of the approval may result in enforcement action being taken against Green Power Solutions Pty Ltd under the Act. In particular, section 17D of the Act provides that a person who contravenes a condition of an approval is guilty of an offence and is liable to a penalty of up to $55,000 for a body corporate. Additionally, section 17E of the Act provides that a person who contravenes a condition of an approval may be subject to civil penalty proceedings, with penalties of up to $1,100,000 for a body corporate. It is important for Green Power Solutions Pty Ltd to ensure that they comply with the terms of the approval to avoid any potential legal consequences.