COMMONWEALTH OF AUSTRALIA
Fuel Quality Standards Act 2000
Sections 17D
VARIATION OF AN APPROVAL GRANTED UNDER SECTION 13 OF THE FUEL QUALITY STANDARDS ACT 2000 TO AMEND THE LIST OF REGULATED PERSONS
I, Lee Eeles, Acting Assistant Secretary, Environment Protection Branch, Department of Sustainability, Environment, Water, Population and Communities, delegate of the Minister, vary the approval granted under section 13 of the Fuel Quality Standards Act 2000 (the Act) to Neumann Petroleum Pty Ltd which commenced on 1 March 2009 by, pursuant to subsection 17D(2) of the Act, removing the following regulated persons to the approval:
7-Eleven Stores Pty Ltd | 357 Ferntree Gully Road | Mount Waverley | VIC | 3149 | Australian Bunkering Pty Ltd | Level 6/50 Clarence Street | Sydney | NSW | 2000 | Choice Petroleum | PO Box 738 | Gladstone | QLD | 4680 | De Brett Seafood Ltd | PO Box 1091 | Mooloolaba | QLD | 4557 | Denison Partnership | Kialgara | Coonamble | NSW | 2829 | Denmac Ford Pty Ltd | 2580 Ipswich Road | Darra | QLD | 4076 | Gekko Petroleum Pty Ltd | Level 21, Tower 2201 Sussex Street | Sydney | NSW | 2000 | Grand Prix Mazda | PO Box 104 | Aspley | QLD | 4034 | Hope Harbour Marina | PO Box 189 | Sanctuary Cove | QLD | 4212 | Ian Boettcher Motors | 2 Brisbane Road | Bundamba | QLD | 4304 | Liberty Oil Pty Ltd | Level 4, 580 St Kilda Road | Melbourne | VIC | 3004 | Lindsay Bros Fuel Service Pty Ltd | Locked Bag 999 | Coorparoo DC | QLD | 4151 | Lord Howe Island Seafreight Pty Ltd | PO Box 97 | Lord Howe Island | NSW | 2898 | Lowes Petroleum Service | PO Box 300 | Goondiwindi | QLD | 4390 | Mooloolah River Fisheries Pty Ltd | PO Box 745 | Mooloolaba | QLD | 4557 | Runaway Petroleum | 4 Uplands Drive | Arundle | QLD | 4214 | Ruttley Freightlines Pty Ltd | 8 Gay Street | Coopers Plains | QLD | 4108 | Thrifty Car Rental | PO Box 9060 | Gold Coast Mail Centre 9726 | QLD | | Toll SPD Distribution | 45 Peterkin Street | Acacia Ridge | QLD | 4110 | United Petroleum Pty Ltd | PO Box 13238 | Melbourne | VIC | 3004 | Wessel Petroleum Pty Ltd | 5 Whittred Street | Bundaberg | QLD | 4670 | Woolworths Petrol | 1 Woolworths Way | Bella Vista | NSW | 2143 |
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This variation comes into force on the date of signing.
Dated: 21 September 2012
Lee Eeles….…………................................................................
Acting Assistant Secretary
Department of Sustainability, Environment, Water, Population and Communities
Overview
The Fuel Quality Standards Act 2000 was enacted by the Parliament of Australia to establish and maintain standards for the quality of fuel supplied in Australia, aiming to improve environmental protection and public health by reducing the pollutants emitted by fuel. The Act provides a framework for setting and enforcing these standards, and it authorises the Minister to approve certain entities to manage and ensure compliance with these standards. The Act was introduced to address the need for stringent regulations to control fuel quality and mitigate environmental harm caused by fuel-related emissions.
This specific legislative instrument, issued under the authority of the Act, demonstrates the Minister's exercise of powers to adjust the list of approved entities responsible for ensuring compliance with fuel quality standards. By varying the approval granted to Neumann Petroleum Pty Ltd, the Minister removes several regulated persons from the approval, thereby altering the scope of entities responsible for adherence to the specified fuel quality standards. This action underscores the dynamic nature of regulatory oversight under the Act, allowing for adjustments to better align with regulatory needs and compliance frameworks.
Scope and Application
The Fuel Quality Standards Act 2000 applies to various entities involved in the supply, distribution, and use of fuel within Australia, with a particular focus on the quality of fuel supplied. This Act sets out the standards for the quality of fuel and regulates those involved in the fuel supply chain, including fuel suppliers and those who supply equipment used for fuel. The Act applies across the Commonwealth of Australia, providing a national standard for fuel quality that all states and territories must adhere to. However, the Act does not extend to territories outside Australia, such as external territories. Certain entities are granted exemptions from the approval process, and the Act includes provisions for varying the list of regulated persons. Subordinate instruments may further extend or restrict the application of the Act by detailing specific requirements or exemptions. The variation of approval mentioned in the gazette involves amending the list of regulated persons under the Act, thereby affecting entities previously included in the approval granted to Neumann Petroleum Pty Ltd. This variation is effective from the date of signing and aims to refine the regulatory oversight within the fuel supply chain in Australia.
Key Provisions
The Fuel Quality Standards Act 2000 (the Act) establishes regulations on fuel quality standards, and Section 17D specifically addresses the variation of approvals granted under Section 13 of the Act. This particular legislative instrument involves the modification of an approval that was granted to Neumann Petroleum Pty Ltd, which began on 1 March 2009. The Acting Assistant Secretary, Lee Eeles, has exercised the authority to remove several regulated entities from the approval list. These entities include, but are not limited to, 7-Eleven Stores Pty Ltd, Australian Bunkering Pty Ltd, and Choice Petroleum, among others. The list provided in the instrument contains detailed addresses of each entity affected by this variation.
The Act imposes obligations on the parties governed by it, particularly Neumann Petroleum Pty Ltd, to ensure compliance with the updated approval terms. The removal of the specified regulated entities from the approval list means that these entities are no longer subject to the same regulatory oversight and quality standards that were previously applicable. It is crucial for Neumann Petroleum Pty Ltd to update their records and operations to reflect these changes. All affected entities must now adhere to the specific regulatory requirements relevant to their individual operations, separate from those imposed on Neumann Petroleum Pty Ltd.
Failure to comply with the provisions of the Fuel Quality Standards Act 2000 can lead to significant consequences. The Act includes provisions for both civil and criminal penalties for breaches. Civil penalties can include fines up to a specified maximum amount, determined by the court based on the nature and severity of the offence. Criminal penalties can also be imposed, which may include imprisonment, particularly if the breach is deemed to be of a serious nature. The exact penalties are not specified in the provided excerpt but are outlined in other sections of the Act, ensuring that there are robust measures in place to enforce compliance and maintain the integrity of fuel quality standards.