Starting 1 January 2025, engineered stone benchtops, panels, and slabs containing at least 1% crystalline silica will be prohibited imports under the Customs (Prohibited Imports) Regulations 1956.
What is included in the ban?
The ban covers engineered stone benchtops, panels, and slabs that contain at least 1% crystalline silica by weight. These products are made by combining natural stone materials with other chemicals (such as water, resins, or pigments) and then hardening the mixture.
What is not included in the ban?
The ban does not apply to:
- Engineered stone products that are not benchtops panels and slabs.
- Finished engineered stone products that don’t need to be processed or modified, such as prefabricated sinks, jewellery or garden ornaments.
- Concrete and cement products, bricks, pavers, blocks, ceramic wall and floor tiles sintered stone, porcelain products, roof tiles, grout, mortar, render, and plasterboard.
- Samples of engineered stone taken from benchtops, panels or slabs for testing purposes, that are no larger than 250mm by 250mm and 400mm thick.
Permits and exemptions
The Australian Border Force (ABF) will target goods considered to be engineered stone. The importation of engineered stone isprohibited:
- Written permission is granted by the Commonwealth Work Health and Safety Minister or an authorized person;
- Confirmation is obtained from Comcare or a state/territory authority for research, analysis, or sampling;
- An exemption is granted under Work Health and Safety (WHS) Regulations.
Permissions
Engineered stone products imported without a valid permit, confirmation, or exemption will be considered prohibited and can be seized at the border.
Import Declaration (Customs Entry) Lodgement
Importers should be aware that a new community protection question will be generated as a part of the import declaration process for the purpose of declaring engineered stone.
A customs broker receiving a declaration from the manufacturer, importer or third-party supplier stating the goods are not engineered stone is not sufficient. It should also not be assumed that engineered stone manufactured overseas and labelled crystalline silica free contains less than1% of crystalline silica.
In cases where it is unknown if the goods exceed the 1% silica content, testing should be conducted prior to importation. Documentation verifying the composition of the goods should be included in the commercial documentation for lodgement of the import declaration.
If the ABF suspects the consignment contains prohibited engineered stone, the importer will be provided the opportunity to have the goods tested at their expense, or re-exported.
Assurances
Several types of documentation may be necessary to demonstrate a sufficient level of assurance that the goods are not engineered stone.
As an example, a Material Safety Data Sheet developed in line with relevant domestic state and territory WHS laws and regulations may be considered one type of assurance document to determine the composition of the goods.
In cases where there is uncertainty around the status of benchtops, panels or slabs as engineered stone products, testing of the goods should be conducted prior to importation to verify the composition of the goods. ABF will need to be able to confirm the sampling and testing undertakenis related to the imported goods and may seek batch numbers or other evidence to match the testing to the imported goods.
Written evidence of the sampling process, photographs and accurate records of decisions (what was and what was not sampled and why) will enhance assurances provided to the ABF that the goods are not engineered stone.
To ensure an appropriate analysis method has been utilised,testing certificates produced from outside Australia should be from a laboratory recognised by the National Association of Testing Authorities (NATA) through the Mutual Recognition Agreement scheme and accredited by the local accreditation authority for the purposes of engineered stone identification using an appropriate analysis method.
Where assurances are insufficient, the ABF may ask the importer to undertake testing at the importers expense.
Testing at the border
To provide for the most reliable assurance outcome, testing laboratories should be accredited through NATA. Details of NATA accredited laboratories are available on the NATA website by searching for silica testing. All testing is at the expense of the importer.
Samples for testing
A permit is not required for samples being imported for testing. Samples must be from the actual shipment to be imported. To comply with requirements, each piece of engineered stone contained in a consignment of samples for testing should be no larger than 250mm by 250mm by 400mm thick.
Export
The engineered stone prohibition does not apply on export. In some cases, the ABF may seek the re-export of goods suspected of, or confirmed to, contain engineered stone at the cost of the importer.
Further Information
The ABF will release an Australian Customs Notice and accompanying information sheet on or before 1 January 2025.
Information on the Australian Government prohibition on the use, supply and manufacture of engineered stone can be found at:
Prohibitionon the use of engineered stone –
Departmentof Employment and Workplace Relations, Australian Government (dewr.gov.au);
or
Engineeredstone ban | Safe Work Australia
As always, if you have any further questions, please do not hesitate to contact one of the professionals within our Customs Brokerage team who are waiting to assist.
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