Notice under Section 17A of the Fuel Quality Standards Act 2000 for Variation of the Fuel Quality Standards (Petrol) Determination 2019 - Just Fuel Petroleum Services Pty Ltd (Expiry 30 June 2023)

Overview

The Fuel Quality Standards Act 2000 was enacted by the Commonwealth Parliament to regulate the quality of liquid fuels supplied in Australia. It aimed to address the need for uniform standards to protect public health, safety, and the environment, while also supporting economic and regional development. The Act establishes a framework for setting and enforcing fuel quality standards, ensuring that fuels sold in Australia meet specific criteria that protect air quality and consumer health. In the context of Just Fuel Petroleum Services Pty Ltd’s approval to vary the petrol standards for motor sport activities, the policy objectives of the Act are evident in ensuring that the specialised petrol used in racing events does not adversely impact the environment or public health, while also catering to the specific needs of the motor sport industry and supporting the economic benefits derived from such events.

Scope and Application

The Fuel Quality Standards Act 2000, administered by the Department of Industry, Science, Energy and Resources, applies to entities engaged in the supply of petrol and other liquid fuels in Australia. This Act regulates the quality standards of liquid fuels to protect the environment, public health, and safety, as well as to support economic and regional development. The Act's application extends to Commonwealth jurisdictions, and its provisions can be extended or restricted through subordinate instruments such as determinations and approvals. For instance, the Fuel Quality Standards (Petrol) Determination 2019 sets out the quality standards for petrol, and approvals may be granted to permit variations to these standards for specific purposes, such as the supply of petrol for motor sport activities. The decision to grant an approval, as seen in the case of Just Fuel Petroleum Services Pty Ltd, involves a consultation process with relevant stakeholders and is subject to conditions that aim to mitigate any potential adverse impacts on the environment, health, and safety. The approval process allows for specific exemptions or variations to the standard fuel quality requirements, provided that such variations do not significantly harm the environment or public welfare.

Key Provisions

The primary operative sections of the notice are sections 13, 13A, 17D, and 24A of the Fuel Quality Standards Act 2000 (the Act). Section 13 allows for the approval of variations to fuel quality standards, while section 13A sets out the commencement and duration of such approvals. Section 17D specifies the variation of the period of effect for an approval, and section 24A requires consultation with the Fuel Standards Consultative Committee before granting such an approval. Under these provisions, the Head of Division, Offshore Resources and Liquid Fuels Division, has granted an approval to Just Fuel Petroleum Services Pty Ltd to vary the standards for the supply of petrol until 30 June 2023. This approval permits the supply of petrol specified in the original grant of approval and updates the conditions and regulated persons list. The Act imposes several obligations on the parties it governs. Firstly, Just Fuel Petroleum Services Pty Ltd must adhere to the updated conditions and regulated persons list as stipulated in the approval. These conditions are designed to ensure that the supply of the petrol meets specific environmental, health, and safety standards. Secondly, the company must ensure that the petrol supplied is used strictly for motor sport activities, in accordance with the approved terms and conditions. The company must also provide safe handling information with the fuel and ensure that the fuel is stored and used in sealed containers of up to 200 litres capacity, minimising the risk to occupational and public health and safety. Thirdly, the company must consult with the Fuel Standards Consultative Committee as required by section 24A of the Act, before making any further variations to the approval. Breaching the terms of the approval may lead to civil or criminal consequences. Section 17E of the Act allows for the cancellation or variation of an approval if it is found that the approval holder has breached the conditions of the approval. In such cases, the Minister may cancel the approval, impose fines, or take other enforcement actions. The maximum penalties for breaches of the Act are not specified in the notice but may include substantial fines and, in serious cases, imprisonment. Additionally, any environmental harm caused by the non-compliance with the fuel quality standards may result in further legal action and penalties under environmental protection laws.