Notice Under Section 17A of the Fuel Quality Standards Act 2000 for Variation of the Fuel Quality Standards (Diesel) Determination 2019 - Marr Contracting Pty Ltd (Expiry 31 December 2025)

Overview

The Fuel Quality Standards Act 2000 was enacted to establish and enforce quality standards for liquid fuels in Australia, aiming to protect the environment, public health, and safety, as well as to support economic and regional development. This Act was introduced to address the need for consistent and high-quality standards for liquid fuels used across various sectors in Australia. The Act is administered by the Parliament of Australia, with a policy objective to ensure that liquid fuels meet certain quality benchmarks that mitigate environmental harm, occupational hazards, and support sustainable economic practices. The legislation empowers the Minister to make determinations and approvals concerning fuel quality standards, including variations to existing standards as necessary.

Scope and Application

The Fuel Quality Standards Act 2000 provides a comprehensive framework for setting and enforcing fuel quality standards in Australia. This Act applies to entities involved in the production, supply, and distribution of fuels, ensuring that they meet specified quality standards to protect the environment, occupational and public health, and consumer interests. The Act extends its reach to both Commonwealth and state jurisdictions, and it allows for the variation of fuel quality standards through subordinate instruments such as determinations and approvals. In this context, the approval granted to Marr Contracting Pty Ltd under section 13 of the Act permits the supply of renewable diesel with specific characteristics until 31 December 2025. This approval is tailored to ensure that the fuel is used in off-road machinery only, thereby limiting any potential environmental impact and maintaining existing safety protocols. The decision to extend the approval period acknowledges the environmental benefits of renewable diesel, including reduced greenhouse gas emissions and support for Australia's commitment to net zero emissions by 2030.

Key Provisions

The primary sections relevant to this legislation are sections 13, 15, 17A, and 17D of the Fuel Quality Standards Act 2000. Section 13 establishes the conditions under which the Minister can grant an approval for a variation in fuel quality standards. Section 15 outlines the process for the Minister to consult with the Fuel Standards Consultative Committee. Section 17A allows for the Minister to make a notice varying the period of effect of an approval, and section 17D specifies the conditions under which such a variation can occur. The Act grants Marr Contracting Pty Ltd permission to supply renewable diesel with a minimum density value of 781.1 kg/m³, originally until 30 October 2023, but now extended until 31 December 2025. The obligations imposed on Marr Contracting Pty Ltd include ensuring that the renewable diesel supplied under this approval is used only for off-road machinery and not for on-road use, adhering to existing protocols for fuel handling and spill management, and ensuring that the fuels do not pose additional risks to occupational and public health and safety. Marr Contracting Pty Ltd must also ensure that the use of these fuels assists in meeting national emission reduction targets and supports economic and regional development by encouraging further uptake of renewable diesel in various industries. The Act requires the Head of Division to consult with the Fuel Standards Consultative Committee before granting such approvals. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach of the approval conditions. However, failure to comply with the conditions of the approval could potentially result in revocation of the approval and legal action under other relevant legislation. The Act's primary focus is on environmental protection, occupational and public health and safety, and economic and regional development, rather than on punitive measures for non-compliance.