Imports to Antarctica
- Document symbol
- G/LIC/N/3/AUS/16
- Original language
- English
- Published on
- 27/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Under the Antarctic Treaty (Environment Protection) Act 1980 as amended, and in line with the requirements of the Protocol on Environmental Protection to the Antarctic Treaty (the Environmental Protocol), persons are not permitted to import certain items into Antarctica. This legislation applies to Australian nationals for all areas south of 60° south and for foreign nationals to the Australian Antarctic Territory only.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The import licensing system is implemented via the Antarctic Treaty (Environment Protection) Act 1980. It provides:
• that a person shall not bring into the Antarctic an organism that is not indigenous to the Antarctic unless the organism (not being a live animal) was brought into the Antarctic to be used as food. None of these items may be brought into Antarctica unless authorised by a permit (s19(1)(c));
• if a person brings an organism into the Antarctic for use as food the person must put controls in place to ensure that the organism does not escape into the Antarctic environment;
• a person who brings into the Antarctic poultry or any other bird product that is to be used as food must ensure it is not contaminated with disease;
• that a person shall not bring into, or keep in, the Antarctic non-sterile soil, or polychlorinated biphenyls, or polystyrene beads or chips or any similar kind of packaging material (s19(1)(ca)); and,
• that a person shall not bring into, or keep in, the Antarctic any pesticide unless for scientific, medical or hygienic purposes (s19(1)(cb)).
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The above restrictions have been put in place to implement the Environmental Protocol. The objective of the Environmental Protocol is the comprehensive protection of the Antarctic environment and its dependent and associated ecosystems. The Antarctic Treaty (Environment Protection) Act 1980 is not intended to restrict the quantity or value of imports.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The control may not be repealed without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Proponents are encouraged to submit permit applications as far in advance of their intended activity as practicable. Proponents should allow a minimum of three months for the assessment of a permit application.
Q7.b. Can a licence be granted immediately on request?
Permits cannot be granted immediately upon request. The permit-holder must obtain a permit prior to their arrival in Antarctica. Permits cannot be issued retrospectively.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Permit applications may be lodged at any time of the year
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Permit applications are assessed by one organisation – i.e., the Australian Antarctic Division (AAD) of the Department of Climate Change, Energy, the Environment and Water. Corresponding permits are also prepared by the AAD. Accordingly, proponents need only approach one organisation.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
An application for a permit will only be refused if it does not meet the ordinary criteria. Particulars of refusals to grant permits are provided to the applicant and those particulars are accompanied by a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for the review of the merits of a decision to refuse to grant a permit by or on behalf of the person or persons whose interests are affected by the decision. Alternatively, an appeal may be made on the decision‑making process itself under the Administrative Decisions (Judicial Review) Act 1977.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All Australian proponents of Antarctic activities are eligible to apply for a permit. No fee is charged.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The project proponent (in the case of research projects, the Chief Investigator) completes an application form for a permit. The application should include the following information:
• name and address of applicant;
• research location and research methodology;
• any non-indigenous species being introduced to Antarctica;
• intended access to specially protected areas; sample specimens to be extracted;
• members of research team or field project; and
• organisation affiliated to research project.
Permits are applied for online. The process is described at: http://www.antarctica.gov.au/environment/environmental-impact-assessment-approvals-and- permits
Q11. What documents are required upon actual importation?
Inspectors appointed under the Antarctic Treaty (Environment Protection) Act 1980 monitor actions to ensure they are undertaken in accordance with the approved permit.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no fee or administrative charge.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A permit's period of validity is dependent on a project's planned length. A proponent may apply to extend a permit's period of validity.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilisation of a permit or a portion of a permit.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits are not transferable. However, a permit may be varied to:
- include additional names; and - omit existing names.
A person to whom a permit has been granted (a principal) may authorise other persons to accompany one or more of the principals to carry on activities authorised by the permit.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative processes required.