Illegal Logging Sunsetting Review

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Consultation has concluded

Public consultation on the Illegal Logging Prohibition Regulation 2012 is closed.

We asked for your feedback on potential reforms to the Regulation and associated Act. This was to make sure the laws:

  • remain effective in protecting the Australian market from illegally logged timber
  • achieve their purpose of promoting trade in sustainable, legally harvested timber.

This is what you told us.

How you had your say

We sought feedback from people on potential reforms to the Illegal Logging Prohibition Regulation 2012 (the Regulation) and the associated Illegal Logging Prohibition Act 2012 (the Act).

We invited feedback from the public and targeted our engagement at those with a close interest in the laws.

What you said

You had your say on a wide range of potential reforms to the Act and the Regulation. Key reforms considered were:

  • receiving due-diligence information ahead of importation or processing
  • adding at-border powers to test, hold and seize regulated timber products
  • optimising the regulatory burden
  • adding ‘deemed to comply’ arrangements for certified products
  • optimising the types of products regulated.

You also provided feedback on other potential reforms, including:

  • adding or amending definitions in the Act to clarify some trade and illegal logging terminology
  • requiring importers to check that logs to be imported do not contravene log export bans in their country of origin
  • reducing the legislative burden associated with updating Country Specific Guidelines (CSGs) and State Specific Guidelines (SSGs)
  • enabling the department to apply for injunctions and enter enforceable undertakings
  • introducing powers to publish timber testing results and instances of non-compliance.

What we did

We used feedback from stakeholders received during the public consultation phase to develop a Regulation Impact Statement (RIS) that explored the costs and benefits of proposed reforms and other legislative options.

The Minister considered the RIS and agreed in December 2022 to pursue the recommended option to reform the legislation, over alternate options to either remake the Regulation as is or let it lapse or ‘sunset’ on 1 April 2023. These reforms require changes to both the Act and the Regulation.

Key reforms agreed to by the Minister to pursue include:

  • enabling us to receive due diligence information, such as the timber species and harvest location from regulated entities upfront
  • adding powers to sample, seize and hold regulated timber products
  • adding injunction and enforceable undertaking powers
  • adding powers to publish compliance findings and instances of non-compliance
  • streamlining due diligence for low-risk pathways
  • reducing due diligence for identical repeat pathways
  • adding and improving definitions

The following reforms will not be progressed at this stage as they either lacked support, have proved technically unfeasible, or require further consultation to arrive at a decision:

  • optimising the regulatory burden for low frequency importers
  • implementing licencing or third-party audits for high frequency importers
  • optimising the products regulated including broadening exemptions and reducing burden for low-risk products
  • prohibiting imports of logs from countries with existing log export bans.

Receiving due diligence information ahead of importation or processing

This reform will require key due diligence information about regulated timber products, such as timber species and harvest location, to be provided to us ahead of importation or processing. Most stakeholders suggested that a purpose-built system that is time efficient and linked to existing processes would be the preferred way to collect due diligence information upfront.

Adding sampling, seizure and hold powers

This reform introduces powers to sample, seize and detain regulated timber and timber products, including at the border. We would generally use these powers on a targeted basis where heightened legality risk indicators exist but may also be used on a random basis to verify due diligence claims including species and harvest origin. Stakeholders were largely supportive of introducing timber testing to the regulatory framework.

Streamlined due diligence for low-risk pathways

This reform will streamline the due diligence process and reduce the information gathering requirements for certified products. Importers or processors would only be required to gather select information to ensure that the regulated timber product is accredited or genuinely represented, and cross verify the information. This would reduce the regulatory burden for low-risk products.

Reducing repeated due diligence

This reform will reduce due diligence requirements for repeat import or processing pathways. Where the import or processing pathway is identical, only one due diligence assessment would be required within a set period. Minimum obligations will be imposed to ensure that no elements of the supply chain have changed, and the existing due diligence system remains effective.

Adding injunction and enforceable undertaking powers

This reform will allow us to enact enforceable undertakings in very specific circumstances. We would only use these powers if they are likely to provide a more effective regulatory outcome.

Publication powers for compliance findings and instances of non-compliance

This reform will introduce new powers to allow us to publish anonymous findings of timber testing to verify claims of species and harvest origin, as well as specific instances of legislative requirements. Publishing this information is intended to support education and increased awareness, deter non-compliance and promote responsible conduct across the regulated community.

Adding and improving definitions

This reform will involve defining key terms, which are not yet defined under the existing Act, and revising definitions as needed. This will provide clarity and consistency in interpreting and applying the legislation.

More information

On 31 August 2021, we held a webinar to provide the regulated community and other interested stakeholders with information on the Sunsetting Review process and potential reforms. You can view the webinar recording here.

We encourage you to sign up to our illegal logging mailing list for updates on this review and Australia’s illegal logging laws.

If you have further questions on Australia’s illegal logging laws, please email illegallogging@aff.gov.au.

Public consultation on the Illegal Logging Prohibition Regulation 2012 is closed.

We asked for your feedback on potential reforms to the Regulation and associated Act. This was to make sure the laws:

  • remain effective in protecting the Australian market from illegally logged timber
  • achieve their purpose of promoting trade in sustainable, legally harvested timber.

This is what you told us.

How you had your say

We sought feedback from people on potential reforms to the Illegal Logging Prohibition Regulation 2012 (the Regulation) and the associated Illegal Logging Prohibition Act 2012 (the Act).

We invited feedback from the public and targeted our engagement at those with a close interest in the laws.

What you said

You had your say on a wide range of potential reforms to the Act and the Regulation. Key reforms considered were:

  • receiving due-diligence information ahead of importation or processing
  • adding at-border powers to test, hold and seize regulated timber products
  • optimising the regulatory burden
  • adding ‘deemed to comply’ arrangements for certified products
  • optimising the types of products regulated.

You also provided feedback on other potential reforms, including:

  • adding or amending definitions in the Act to clarify some trade and illegal logging terminology
  • requiring importers to check that logs to be imported do not contravene log export bans in their country of origin
  • reducing the legislative burden associated with updating Country Specific Guidelines (CSGs) and State Specific Guidelines (SSGs)
  • enabling the department to apply for injunctions and enter enforceable undertakings
  • introducing powers to publish timber testing results and instances of non-compliance.

What we did

We used feedback from stakeholders received during the public consultation phase to develop a Regulation Impact Statement (RIS) that explored the costs and benefits of proposed reforms and other legislative options.

The Minister considered the RIS and agreed in December 2022 to pursue the recommended option to reform the legislation, over alternate options to either remake the Regulation as is or let it lapse or ‘sunset’ on 1 April 2023. These reforms require changes to both the Act and the Regulation.

Key reforms agreed to by the Minister to pursue include:

  • enabling us to receive due diligence information, such as the timber species and harvest location from regulated entities upfront
  • adding powers to sample, seize and hold regulated timber products
  • adding injunction and enforceable undertaking powers
  • adding powers to publish compliance findings and instances of non-compliance
  • streamlining due diligence for low-risk pathways
  • reducing due diligence for identical repeat pathways
  • adding and improving definitions

The following reforms will not be progressed at this stage as they either lacked support, have proved technically unfeasible, or require further consultation to arrive at a decision:

  • optimising the regulatory burden for low frequency importers
  • implementing licencing or third-party audits for high frequency importers
  • optimising the products regulated including broadening exemptions and reducing burden for low-risk products
  • prohibiting imports of logs from countries with existing log export bans.

Receiving due diligence information ahead of importation or processing

This reform will require key due diligence information about regulated timber products, such as timber species and harvest location, to be provided to us ahead of importation or processing. Most stakeholders suggested that a purpose-built system that is time efficient and linked to existing processes would be the preferred way to collect due diligence information upfront.

Adding sampling, seizure and hold powers

This reform introduces powers to sample, seize and detain regulated timber and timber products, including at the border. We would generally use these powers on a targeted basis where heightened legality risk indicators exist but may also be used on a random basis to verify due diligence claims including species and harvest origin. Stakeholders were largely supportive of introducing timber testing to the regulatory framework.

Streamlined due diligence for low-risk pathways

This reform will streamline the due diligence process and reduce the information gathering requirements for certified products. Importers or processors would only be required to gather select information to ensure that the regulated timber product is accredited or genuinely represented, and cross verify the information. This would reduce the regulatory burden for low-risk products.

Reducing repeated due diligence

This reform will reduce due diligence requirements for repeat import or processing pathways. Where the import or processing pathway is identical, only one due diligence assessment would be required within a set period. Minimum obligations will be imposed to ensure that no elements of the supply chain have changed, and the existing due diligence system remains effective.

Adding injunction and enforceable undertaking powers

This reform will allow us to enact enforceable undertakings in very specific circumstances. We would only use these powers if they are likely to provide a more effective regulatory outcome.

Publication powers for compliance findings and instances of non-compliance

This reform will introduce new powers to allow us to publish anonymous findings of timber testing to verify claims of species and harvest origin, as well as specific instances of legislative requirements. Publishing this information is intended to support education and increased awareness, deter non-compliance and promote responsible conduct across the regulated community.

Adding and improving definitions

This reform will involve defining key terms, which are not yet defined under the existing Act, and revising definitions as needed. This will provide clarity and consistency in interpreting and applying the legislation.

More information

On 31 August 2021, we held a webinar to provide the regulated community and other interested stakeholders with information on the Sunsetting Review process and potential reforms. You can view the webinar recording here.

We encourage you to sign up to our illegal logging mailing list for updates on this review and Australia’s illegal logging laws.

If you have further questions on Australia’s illegal logging laws, please email illegallogging@aff.gov.au.