Notice Under Section 17D of the Fuel Quality Standards Act 2000 Concerning a Decision Under Section 13 of that Act for an Approval for a Variation of the Fuel Quality Standards (Automotive Diesel) Determination 2019

Overview

The Fuel Quality Standards Act 2000 was enacted to regulate the quality of fuel sold in Australia, aiming to protect the environment and public health while facilitating economic and regional development. This Act provides a framework for establishing and enforcing fuel quality standards, and it allows for the approval of variations to these standards under certain conditions. The problem or gap that the Act was introduced to address was the need for a comprehensive legislative approach to ensure that fuel sold in Australia meets specific quality standards that balance environmental protection, public health, and economic interests. The Act was passed by the Australian Parliament and includes a policy objective to ensure that the quality of fuel supplied in Australia supports the protection of the environment and public health, as well as the interests of consumers and the development of regional and economic interests.

Scope and Application

The Fuel Quality Standards Act 2000 applies to entities that supply liquid fuels in Australia, including diesel and biodiesel blends. Specifically, the Act grants approvals to certain companies to vary the standards for automotive diesel, allowing for the supply of diesel-biodiesel blends under certain conditions. The Act applies on a national level, across all states and territories of Australia. The listed approvals granted under the Act apply to Biodiesel Station Pty Ltd, Mogas Regional Pty Ltd, Green Power Pty Ltd, Viva Energy Australia Pty Ltd, Ampol Australia Petroleum Pty Ltd, Consolidated Biodiesel Pty Ltd, Bioworks Australia Pty Ltd, Ashoil Pty Ltd, and BP Australia Pty Ltd. The Act does not provide specific exclusions or exemptions but outlines conditions under which the fuel can be supplied. The approval period for each entity has been extended until 31 December 2021 or until a B20 diesel biodiesel standard has been made, whichever occurs first. The Act may be further defined or extended through subordinate instruments as necessary.

Key Provisions

The main operative sections of the Fuel Quality Standards Act 2000 that are relevant to this legislation include sections 13, 15, and 17D. Section 13 allows for the granting of an approval for a variation of the fuel quality standards, section 15 sets out the considerations that must be taken into account when making such a decision, and section 17D provides for the extension of the period of operation of such approvals. Pursuant to these sections, the Acting General Manager, Liquid Fuels Taskforce, has granted an approval for a variation of the Fuel Standards (Automotive Diesel) Determination 2001 to permit the supply of diesel biodiesel blends as specified in the original grants of approval or subsequent variations. This variation comes into force on the date of signing and remains in force for each approval listed until 31 December 2021, or until a B20 diesel biodiesel standard has been made, whichever occurs first. The obligations and requirements imposed by this legislation on the parties or entities it governs include the need to consult with the Fuel Standards Consultative Committee as required by section 17D(3) of the Act, to consider the protection of the environment, the protection of occupational and public health and safety, the interests of consumers, and the impact on economic and regional development when making a decision to grant an approval for a variation of the fuel quality standards, and to ensure that fuel dispensers are clearly labelled to advise consumers that the diesel contains biodiesel to address any potential warranty issues. The listed approvals were granted to vary the Fuel Standards (Automotive Diesel) Determination 2001 to permit the supply of diesel biodiesel blends as specified in the original grants of approval or subsequent variations. Any offences, penalties, or civil/criminal consequences for breach of this legislation are not specified in the text. However, the legislation does provide for the extension of the period of operation of each approval listed until 31 December 2021, or until a B20 diesel biodiesel standard has been made, whichever occurs first. This extension is granted pursuant to section 17D of the Act, which provides for the extension of the period of operation of such approvals in certain circumstances. The maximum penalties for breach of this legislation are not specified in the text.