Prohibited goods Engineered stone

From 1 January 2025, engineered stone benchtops, panels and slabs will become prohibited imports under new regulation 5M of the Customs (Prohibited Imports) Regulations 1956.

The Australian Border Force (ABF) will target goods considered to be engineered stone.

Benchtops, panels and slabs made from engineered stone that:

• contains at least 1% crystalline silica substance 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.

The import 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
• samples of engineered stone taken from benchtops, panels or slabs for testing purposes that are no larger than 250 mm by 250 mm and 40 mm thick
• concrete and cement products
• bricks, pavers and blocks
• ceramic wall and floor tiles
• sintered stone
• porcelain products
• roof tiles
• grout, mortar and render
• plasterboard.

You may need several types of documentation to demonstrate and assure us that the goods are not engineered stone.

For example, a Material Safety Data Sheet may be one type of assurance document to determine the composition of the goods. This may be considered if the sheet was developed in line with relevant state and territory WHS laws and regulations.

Where there is uncertainty about the status of benchtops, panels or slabs as engineered stone products, you should test the goods.

Do this before importing to verify what the goods are made of.

Where this occurs, we will need to confirm the sampling and testing relates to the imported goods. To match the testing to the imported goods we may seek batch numbers or other evidence including:

• written evidence of the sampling process
• photographs
• accurate records of decisions (what was and what was not sampled and why).

This will enhance assurances that the goods are not engineered stone.

Testing certificates from outside Australia

We will only accept testing certificates produced from outside Australia if the testing is:

• a laboratory recognised through the Mutual Recognition Agreement scheme by the  National Association of Testing Authorities (NATA), and
• is accredited by the local accreditation authority for the purposes of engineered stone identification using an appropriate analysis method, such as petrographic analysis and x-ray diffraction.

Further testing may be needed

Where assurances are insufficient, we may ask the importer to undertake testing.

Extra costs

While sampling by a competent person and testing is completed, the importer will incur extra costs for:

• storage
• transport of the goods under customs-control.

As per the Work Health and Safety regulations 2011 a competent person is “a person who has acquired through training, qualifications or experience the knowledge and skills to carry out the tasks”.

Importers and customs brokers must ensure they are aware of the requirements of Australia’s engineered stone import ban.

Customs brokers need evidence

When a customs broker receives a declaration stating the goods are not engineered stone, they should:

• obtain reliable and sufficient supporting evidence to correctly make the declaration
• provide to us, if requested.

A declaration on its own is not considered evidence, whether from the manufacturer, importer or third-party supplier.

Don’t assume labels are accurate

Do not assume that engineered stone manufactured overseas and labelled “crystalline silica free” contains less than 1% of crystalline silica.

Goods may be labelled engineered stone crystalline silica free even when the content of crystalline silica exceeds 1%.

Test if it is unknown

In cases where it is unknown if the goods exceed the 1% silica content, you should conduct testing before importation. Include documentation verifying the composition of the goods in the commercial documentation when you lodge the import declaration.

If we suspect the consignment contains banned engineered stone, you will be given the opportunity to have the goods:

• tested at your expense
• re-exported.

Get permission first

The importation of engineered stone is prohibited unless you have:

• a valid import permit
• a confirmation of end use, or
• an exemption. 

The act of applying for a permit, confirmation of end use, or exemption is not a guarantee that it will be granted.

Do not ship goods until you get one of the forms of approval.

We can seize prohibited goods at the border without a warrant. You must give a copy of your approval to us, if requested.

You can import engineered stone if you have permission in writing from:

• the Commonwealth Work Health and Safety Minister
• the Chief Executive Officer of the Asbestos and Silica Safety and Eradication Agency
• a person who holds, or is acting in, a position that is equivalent to or higher than a position occupied by an SES employee in the Department of Employment and Workplace Relations.

Exemptions

You can import engineered stone if you propose to:

• use the engineered stone for genuine research and analysis
• sample the engineered stone.

If the engineered stone is exempted by a WHS regulator under the Work Health and Safety (WHS) Regulations, or a corresponding WHS law, Comcare or a state or territory work health and safety (WHS) regulator must confirm this in writing.

Community protection question

As an importer, you should be aware there is a new question about community protection in the import declaration. This is part of the process when you declare engineered stone.

Where goods meet the definition of engineered stone, the community protection question must be answered “Yes”.

Permissions, confirmations or exemptions

If you are importing engineered stone, valued at less than $1000 AUD, through a permission, confirmation of end use or exemption, you must enter this on a Long Form Self Assessed Clearance Declaration.

Goods description

The goods description must include the material composition and type of good, for example, ‘engineered stone benchtop’.

This should not include:

• tariff descriptions
• brand names
• product codes
• generic terms
• foreign references.

Goods may be held at the border

If you provide incomplete information on cargo reports or import declarations we may hold your goods at the border.

As the importer, you must provide us copies of any permit, confirmation or exemption related to those goods.

Testing of goods must be carried out by a laboratory using suitable analytical means, such as petrographic analysis and x-ray diffraction.

For the most reliable assurance outcome, testing laboratories should be accredited through NATA. To find NATA accredited laboratories, search for silica testing on the NATA website.

The arrangement for, and cost of, any independent inspection, testing and storage of the goods is the responsibility of the importer in Australia in line with Section 186 of the Customs Act 1901.

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 250 mm by 250 mm by 40 mm thick.
• The associated cargo report should describe the goods as “engineered stone samples for testing”.
• The consignee and consignor details should clearly indicate the importer and supplier, not freight forwarders or logistic providers.

If we detect engineered stone at the border, and we seize the goods as prohibited imports, the goods will be forfeited to the Crown. This means, you will not receive the goods.

We will target shipments for intervention at the border from overseas suppliers who have been identified as sending engineered stone to Australia.

We will also identify and refer to state and territory WHS regulators for further investigation any goods previously imported from these suppliers.

The engineered stone ban does not apply on export.

In some cases, we may seek the re-export of goods suspected of, or confirmed to, contain engineered stone at the cost of the importer.

Engineered stone newsletter for industry

Australian Customs Notices

Categories of prohibited goods

Prohibition on the use of engineered stone

Engineered stone ban