Notice under section 17E(3) of the Fuel Quality Standards Act 2000 for a variation of a section 13 approval to add regulated persons – Viva Energy Australia Pty Ltd (Expiry 31 August 2025)

Overview

The Fuel Quality Standards Act 2000 was enacted to regulate the quality of fuels sold in Australia, ensuring they meet certain environmental and health standards. This Act was introduced to address the need for consistent fuel quality across the nation, protecting both human health and the environment from the adverse effects of poor-quality fuels. The Act was passed by the Parliament of Australia, reflecting a national policy objective to maintain high standards for fuel quality to support environmental sustainability and public health. The legislation provides the framework for approving and regulating entities involved in the supply and production of fuel, ensuring compliance with set standards. The 2024 notice under Section 17E(3) of the Act, issued by Jennifer Anne, Branch Head of the Liquid Fuels Branch within the Department of Climate Change, Energy, the Environment and Water, exemplifies the Act's ongoing application and adaptation to new market conditions and regulatory needs. This notice modifies an existing approval for Viva Energy Australia Pty Ltd, allowing additional regulated persons to supply renewable diesel until 31 August 2025, demonstrating the Act's role in facilitating the growth of renewable fuel markets while maintaining stringent quality controls.

Scope and Application

The Fuel Quality Standards Act 2000 applies to regulated persons involved in the supply and production of liquid fuels within Australia. Specifically, this notice pertains to Viva Energy Australia Pty Ltd, which has had its section 13 approval modified to include additional regulated persons for the supply of renewable diesel. The amendment extends the approval period until 31 August 2025 and adds Team Global Express, UON Pty Ltd, B.M.D. Constructions Pty. Limited, and Multiplex Pty Ltd as regulated persons under the Act. This legislative action is taken under section 17E(3) of the Act, allowing for variations to existing approvals concerning the supply of liquid fuels. The geographic reach of the Act is national, applying across all states and territories within Australia. The notice does not specify any exclusions or exemptions, but rather focuses on the extension and inclusion of certain entities to ensure compliance with fuel quality standards. This notice operates as a subordinate instrument under the overarching Fuel Quality Standards Act 2000, providing further clarity and specific operational details concerning the regulated persons and the supply of renewable diesel.

Key Provisions

The primary operative sections of the notice under section 17E(3) of the Fuel Quality Standards Act 2000 (the Act) concern the variation of a section 13 approval. Specifically, this notice modifies the approval held by Viva Energy Australia Pty Ltd (section 17E(3)), extending its operational period until 31 August 2025 and adding four additional regulated persons to the approval (section 17E(4)). The addition of these regulated persons pertains to the supply of renewable diesel, which is detailed in the notice (section 17E(4)(a)). This legislative action ensures that the newly included entities can legally supply renewable diesel under the same conditions as Viva Energy Australia Pty Ltd. The obligations and requirements imposed by this Act on the parties involved are primarily related to compliance with the extended approval period and the addition of the specified regulated persons. Viva Energy Australia Pty Ltd and the four newly added regulated persons must ensure that their operations adhere to the stipulated conditions of the approval. This includes maintaining compliance with any environmental and health standards associated with the supply of renewable diesel, as outlined under the Act (section 13). These entities must also keep accurate records and report any changes or issues that may affect their compliance status. The notice also outlines potential consequences for breaches of the Act. While the specific penalties for non-compliance are not detailed in the notice, the Act generally provides for both civil and criminal penalties for violations. These penalties may include fines, imprisonment, or both, depending on the severity and nature of the breach. The maximum penalties are determined by the courts based on the specific circumstances of each case, but they can be significant, particularly for repeated or severe breaches. Compliance with the Act is crucial to avoid these adverse consequences.