Imports to Territory of Heard Island and McDonald Islands
- 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.
The Territory of Heard Island and McDonald Islands is an external territory of Australia. The purpose of the Territory of Heard Island and McDonald Islands Environment Protection and Management Ordinance 1987, enabled under the Heard Island and McDonald Islands Act 1953, is the preservation and management of the territory for the protection of its environment and wildlife.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The Territory of Heard Island and McDonald Islands Environment Protection and Management Ordinance 1987 prohibits:
- the importation of any diseased organism or live poultry into the territory (s13); and
- the importation of any organism, or any dead poultry or poultry products into the territory unless in accordance with a permit (s14.1(b)).
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods from all countries (and from other parts of Australia) .
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 Territory of Heard Island and McDonald Islands Environment Protection and Management Ordinance 1987 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The controls may not be repealed without legislative approval.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 four 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 the territory. 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?
Section 15(1) permit applications are assessed by a single organisation – i.e., the Australian Antarctic Division (AAD) of the Department of Climate Change, Energy the Environment and Water (DCCEEW). 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 be refused if it is inconsistent with the requirements of the Heard Island and McDonald Islands Marine Reserve Management Plan 2014-2024, which includes the territory. The reasons for refusals are given to the applicant and the applicant has a right of appeal. Particulars of refusals to grant permits are published in the Commonwealth Government Gazette 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?
Any person is eligible to apply for a permit.
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 application should include the following information:
- name and address of applicant;
- details of research location;
- any non-indigenous species being introduced to the territory;
- use of radioisotopes;
- details of sample specimens to be extracted;
- members of research team or field project; and
- organisation affiliated to research project.
Q11. What documents are required upon actual importation?
Permit requirements and the application process are described at: http://heardisland.antarctica.gov.au/protection-and-management/management-plan/permits. Visitor self-regulation is an important component of the territory's environmental management regime.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No fees or administration charges are currently imposed. Section 15(6) does, however, provide for the imposition of a permit issue fee not exceeding A$50.
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.
There is no deposit or advance payment requirement associated with the issue of licences.
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 the length of time that the applicant is scheduled to stay in the territory. 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 licence or a portion of a licence.
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.
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.