Changes to the Compliance Requirements for Illegal Logging

13th December, 2023

The Dept of Agriculture Fisheries & Forestry (DAFF) are responsible for the enforcement of the Illegal Logging Prohibition Act 2012 and the Illegal Logging Prohibition Regulation 2012 (Illegal Logging Prohibition legislation).

The Illegal Logging Prohibition legislation makes it a criminal offence to import illegally logged timber and timber products into Australia.

Illegal logging is a major global problem. The theft, laundering and trade of illegal timber happens across the world, in all types of forests. Driven mostly by profit, illegal logging has negative impacts on forest ecosystems, communities and economies.

DAFF requires that to import a regulated timber product, you need to manage the risk that your product may include illegally logged timber. They require this due diligence is done via a documented risk assessment of your regulated timber product.

Failure to do this due diligence could result in significant financial penalties.  Further details for importers is available at Importers – DAFF (agriculture.gov.au).

Each time you import a regulated timber product we as your Customs Broker are required to answer the following question when making the Customs Declaration.

“Has the importer complied with due diligence requirements of the Illegal Logging Prohibition Act 2012 and associated regulations? (if the product is exempt or does not contain timber, answer yes)”

To date, to allow us to answer that question, we have obtained a blanket declaration from importers confirming that they have met their due diligence obligations.

DAFF have now advised us that this is no longer acceptable.  We must now hold a confirmation from the importer for every individual shipment.

We are in the process of configuring a Declaration in our system that includes the consignment details that will meet DAFF’s requirement.  We will then send this out to importers for signature should a consignment require us to make this declaration.

Please note that there is no change to the requirements that has been in place since 2012 for the importer to do the due diligence risk assessment on the regulated timber products.  The change is only to the way we confirm to DAFF that the due diligence has been done.

It should also be noted that consignments with a combined value of regulated timber products under AUD1000 are exempt from the due diligence requirements.

Please contact customs@sccargo.com.au should you require any further information on the new compliance requirement.