Below are some answers to commonly asked questions about importing engineered stone, and engineered stone declarations, permissions and exemptions. If you do not find the answer to your question here, please contact us.
I have a small bulk sample, or several small bulk samples, that are to be imported for testing in Australia to see if they are classified as engineered stone. Do I require permission to import?
No, provided sample sizes are no larger than 250mm x 250mm x 40mm.
A laboratory does not require a full benchtop, panel or slab to be able to undertake testing for the quantification of crystalline silica to determine if the sample meets the definition of engineered stone under the WHS Regulations.
- The associated cargo report should describe the goods as “engineered stone samples for testing” or “samples of possible engineered stone”.
- Multiple different samples relevant to different products may be imported together.
Refer to the ABF website engineered stone information page for further guidance
I have been granted an exemption by a WHS regulator which states a type of engineered stone is not subject to the prohibition. Do I require permission to import that same type of engineered stone?
No. The exemption can be used in place of an import permit at the border, provided that:
- the exemption is valid at the time of importation
- the goods are declared as containing engineered stone at the border
- the importer produces a clear and readable copy of the exemption to the ABF at or before the importation, if requested to do so.
The exemption does not apply to any other type of engineered stone not specified in the exemption.
A holder of an exemption may be required to notify the relevant WHS regulator of their intended importation. Contact the relevant WHS regulator to confirm before importation.
How much information do I need to provide on the application form?
You should provide comprehensive responses to all relevant questions on the form to avoid delays in processing your application.
ASSEA will contact the applicant if further information is required but needing to do so will slow down your application as processing won’t continue until the information is supplied.
Applicants will need to demonstrate they will comply with all relevant customs and work (or occupational) health and safety laws.
After reading the flowchart above, I believe I have exceptional circumstances which justify a permit to import engineered stone benchtops, panels or slabs. What information do I need to provide?
Please provide as much information as possible on what the circumstances are and how those circumstances justify permission to import the goods.
Provide the following:
- details of the goods manufacture
- how they were acquired
- how they will be used
- any supporting documents or evidence.
Refer to the import permit application form for further information.
Will the purposes of wholesale supply, retail supply or other commercial gain, be sufficient to be granted an import permit?
No.
Can I import a single engineered stone benchtop, slab or panel to replace an existing component in my home, office, caravan or other vehicle, vessel or structure?
No.
Who decides if my application should be granted?
The decision-maker for an import permit will be the Chief Executive Officer of ASSEA.
The decision-maker has discretion to grant permission and can refuse to grant it if they believe the reason for importation is not in line with the Customs (Prohibited Imports) Regulations 1956 or the safeguards are inadequate to protect health and safety.
What happens if my application is successful?
Successful applicants will receive a written permit letter referencing a permit number and conditions imposed. If the application was lodged by email, it will be delivered via email.
The permit details will be provided to The Australian Border Force (ABF) by ASSEA.
The engineered stone must be declared in an import entry at the border.
A copy of the permit must be provided to the ABF at the border if requested.
Complying with all applicable laws, including for importation, handling, processing and disposing of engineered stone, is a condition of all permits.
What happens if my application is unsuccessful?
Unsuccessful applicants will receive an email notifying them of the decision.
An unsuccessful application cannot be appealed.
Can I request an amendment to my existing permit?
Yes, if an importer is seeking to import engineered stone goods other than those listed on the existing permit, then an amendment must be requested prior to importation.
Please allow at least 30 business days for a decision to be made on an amendment application.
Applications to amend a permit can be made by mailing permits@asbestossafety.gov.au and providing relevant details.
What obligations do permit holders have?
Comply with all applicable laws, including for importation, handling, processing and disposing of engineered stone.
- Comprehensive details on the safe handling of engineered stone can be found on the Safe Work Australia website engineered stone ban information page, which includes links to all state and territory regulator websites.
- Comply with any conditions of the permit.
- Ensure a copy of the valid permit is available to produce if requested by the Australian Border Force.
Are import declarations required?
Formal Import Declarations are required for all importations of engineered stone benchtops, panels or slabs imported with either:
- an import permit
- a confirmation or exemption provided by an authority of a state or territory
- a confirmation provided by Comcare.
Small volume samples for testing are not controlled and do not require a formal declaration. Each sample should be no larger than 250mm x 250mm x 40mm. The associated cargo report should describe the goods as “engineered stone samples for testing” or “samples of possible engineered stone”.
Further information about the declaration process is available at the How to import page on the ABF website.