Basic information
Outline of the system
Under the Antarctic Treaty (Environment Protection) Act 1980 (Antarctic Treaty Act) as amended, and in line with the requirements of the Protocol on Environmental Protection to the Antarctic Treaty (the Madrid 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.
Product coverage
The import licensing system is implemented via the Antarctic Treaty Act. 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)).
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The above restrictions have been put in place to implement the Madrid Protocol. The objective of the Madrid Protocol is the comprehensive protection of the Antarctic environment and its dependent and associated ecosystems. The Antarctic Treaty Act is not intended to restrict the quantity or value of imports.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The system applies to goods from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All Australian proponents of Antarctic activities are eligible to apply for a permit.
Is there a registration fee?
No fee is charged.
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
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.
What documents is the importer required to supply with the application?
Permits are applied for online. The process is described at: http://www.antarctica.gov.au/environment/environmental-impact-assessment...
Window of submission of an application
How far in advance of importation must application for a licence be made?
Proponents are encouraged to submit permit applications as far in advance of their intended activity as practicable.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Permit applications may be lodged at any time of the year
Issuing the license
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.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Proponents should allow a minimum of two months for the assessment of a permit application.
Which administrative body is responsible for approving application of licences?
Permit applications are assessed by one organisation – i.e. the Australian Antarctic Division (AAD) of the Commonwealth Department of Climate Change, Energy, the Environment and Water. Corresponding permits are also prepared by the AAD.
Must the applications be passed on to other organs for visa, note or approval?
Accordingly, proponents need only approach one organisation.
Are there any other conditions attached to the issue of a licence?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no fee or administrative charge.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
An application for a permit will only be refused if it does not meet the ordinary criteria.
Are the reasons for any refusal given to applicants?
Particulars of refusals to grant permits are provided to the applicant
Have applicants a right of appeal in the event of refusal to issue a licence?
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.
If so, to what bodies and under what procedures?
Alternatively, an appeal may be made on the decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Inspectors appointed under the Antarctic Treaty Act monitor actions to ensure they are undertaken in accordance with the approved permit.
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.
Conditions of licensing
What is the period of validity of a licence? Can the validity 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.
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.
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.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.