ASSISTANT SECRETARY, ASSESSMENTS (NSW, ACT) AND FUEL BRANCH

DEPARTMENT OF THE ENVIRONMENT AND ENERGY

NOTICE UNDER SECTION 17D OF THE FUEL QUALITY STANDARDS ACT 2000 CONCERNING A DECISION TO VARY APPROVALS GRANTED UNDER SECTION 13
OF THAT ACT

I, Kim Farrant, Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch, delegate of the Minister for the Environment and Energy, provide the following information concerning my decision to vary a set of approvals granted under section 13 of the Fuel Quality Standards Act 2000.

Name of approval holders

• ACB Group Pty Ltd, granted on 5 December 2014
• BP Australia Pty Ltd, granted on 5 December 2014
• ERC Racing Fuels Pty Ltd, granted on 23 December 2015
• International Motorsport Solutions Pty Ltd, granted on 1 December 2015
• International Motorsport Solutions Pty Ltd, granted on 10 December 2015
• Just Fuel Petroleum Service Pty Ltd, granted on 5 December 2014
• Netaway Pty Ltd (trading as VPW Australia), granted on 5 December 2014
• Netaway Pty Ltd (trading as VPW Australia), granted on 10 December 2015
• Race Fuels Pty Ltd, granted on 5 December 2014
• VP Racing Fuels Pty Ltd, granted on 5 December 2014
• VP Racing Fuels Pty Ltd, granted on 10 December 2015

Details of the variation

The listed approvals were granted to vary the Fuel Standard (Petrol) Determination 2001 to permit the supply of specialist unleaded and/or leaded racing fuel as specified in the original grants of approval or subsequent variations.

Pursuant to sections 13 and 17D of the Act, the period of operation of each approval listed has been extended until 30 June 2019.

Period of operation

This variation comes into force on the date of signing and remains in force for each approval listed until 30 June 2019. 

Summary of reasons for the variation

Having consulted with the Fuel Standards Consultative Committee as required by section 17D(3) of the Act, I grant the variation to each listed approval as provided for in section 15 of the Act for the following reasons:

a)      The protection of the environment

With the exception of lead, the use of which in racing fuel is being phased out over the next two years, it is not expected that permitting the supply of the fuels covered by the 11 current racing fuel approvals for motor sport activities will have an irreversible effect on the environment. The matters considered by the delegate when the approvals were first granted remain unaltered by a further two year extension, namely:

• The fuel subject to this recommendation is supplied and used in small quantities for motor sport activities. In the case of leaded fuel, will only be supplied for a final, finite length of time (two further years).
• For fuel containing more than one per cent MTBE (methyl tert butyl ether), the approval conditions state that it cannot be used for activities occurring on freshwater lakes and waterways, as the consequences of even a small amount of MTBE contaminating water sources can be significant.
• The fuel is expensive compared with normal fuels and the price provides a disincentive for any waste, misuse or spillage.

b)      The protection of occupational and public health and safety

Exposure to certain substances in petrol and vehicle exhaust can be toxic. The risks associated with exposure to racing fuels may be higher than for petrol because of the additional substances contained in them. A variety of negative health effects can occur, depending upon the substance, the level and duration of exposure. At venues that use racing fuels, exposure may extend to drivers, team members, race officials, spectators and the immediate environment.

In the particular case of leaded racing fuels, as noted above, exposure to even small amounts of lead and lead compounds can have health effects when ingested or inhaled, and all the lead in the fuel is emitted in the exhaust.

However, specialist racing fuels are supplied in sealed containers of up to 200 litres capacity (except for use in pre-1986 built racing vehicles which may be dispensed from a bowser) and are used in small quantities, primarily in off-road activities, and in widely dispersed locations. Safe handling information is also provided with the fuel.

These considerations are not altered by a further two year extension of the original approvals.

c)      The interests of consumers

Specialist leaded racing fuels meet the needs of a niche market for specific classes of motor racing. The consumers using these fuels seek the performance and operability characteristics provided by these fuels. Without them, motor sport competitors may not be able to operate their vehicles effectively with currently employed technology.

These considerations are not altered by a further two year extension of the original approvals.

d)      The impact on economic and regional development

Many racing venues are located outside major population areas. Motor and water sport events provide an ongoing financial benefit to these regional communities.

These considerations are not altered by a further two year extension of the original approvals.

The variation is granted subject to the conditions specified in section 17 of the Act.

Kim Farrant  

Assistant Secretary, Assessments (NSW, ACT) and Fuel Branch  

23 June 2017