The engineered stone ban does not apply to all manufactured stone materials, but rather to certain engineered stone products, for which uncontrolled processing poses significant health risks.
Engineered stone is…
For the purposes of work (or occupational) health and safety law in Australia, engineered stone is defined as an artificial product that:
- contains at least 1% crystalline silica as a weight/weight concentration, and
- is created by combining natural stone materials with other chemical constituents (such as water, resins, or pigments), and
- becomes hardened.
What is not included in the ban?
To be banned, a product must be in benchtop, panel or slab form and meet all of the criteria of the engineered stone definition listed above.
It does not include:
- concrete and cement products
- bricks, pavers, and other similar blocks
- ceramic wall and floor tiles
- sintered stone (provided it does not contain resin)
- porcelain products (provided they do not contain resin)
- roof tiles
- grout, mortar, and render, and
- plasterboard.
- an artificial stone benchtop, panel or slab made that contains less than 1% crystalline silica because the definition of engineered stone requires at least 1% crystalline silica
- a porcelain or sintered stone benchtop, panel or slab that does not contain resin, as these are excluded from the definition of engineered stone
- finished engineered stone products (e.g. garden ornaments, sculptures, kitchen sinks) because they are not benchtops, panels or slabs and they are not intended to be further processed to be used or installed.
Examples of products that are not prohibited include:
- an artificial stone benchtop, panel or slab made that contains less than 1% crystalline silica because the definition of engineered stone requires at least 1% crystalline silica
- a porcelain or sintered stone benchtop, panel or slab that does not contain resin, as these are excluded from the definition of engineered stone
- finished engineered stone products (e.g. garden ornaments, sculptures, kitchen sinks) because they are not benchtops, panels or slabs and they are not intended to be further processed to be used or installed.
Limited circumstances
Engineered stone benchtops, panels or slabs may be imported in some very limited circumstances.
A person conducting a business or undertaking (PCBU) who wants to import engineered stone benchtops, panels or slabs should first contact their relevant work (or occupational), health and safety (WHS) regulator to confirm whether:
- the benchtop, panel or slab product is subject to a domestic exemption granted by the regulator in accordance with the legislation of that jurisdiction, which may apply nationally, or
- the regulator will issue a written confirmation that the proposed use is for genuine research and analysis and/or sampling to identify engineered stone.
At the border
The Australian Border Force (ABF) enforce the import prohibition at the border. The ABF website engineered stone information page provides details on border requirements for the importation of these goods, and guidance for providing evidence that other stone goods are not engineered stone.
The ABF will target goods considered to be engineered stone crossing the border.
The ABF factsheet Engineered stone ban information for industry, explains the import prohibition for engineered stone.
Exporting engineered stone
There is no export prohibition on engineered stone under customs law. Nonetheless, manufacturing, selling or supplying engineered stone benchtops, panels and slabs is unlawful under Australian WHS laws, unless a valid licence or exemption applies.
In Australia it is banned to supply, manufacture, process and install engineered stone. The Australian Border Force (ABF) will target goods considered to be engineered stone.