On 1 July 2024, the manufacture, supply, processing and installation of engineered stone benchtops panels and slabs was banned in all states and territories of Australia. This in known as the domestic use ban. Comprehensive details are on the Safe Work Australia website engineered stone ban information page.
Import prohibition
From 1 January 2025, the importation of engineered stone benchtops, panels or slabs containing 1% or greater crystalline silica is prohibited under regulation 5M of the Customs (Prohibited Imports) Regulations 1956 (Cth).
The Australian Border Force (ABF) enforce the import prohibition at the border. The ABF website engineered stone information page provides details on border requirements for the importation of these goods, and guidance for providing evidence that other stone goods are not engineered stone.
Exemption to the import prohibition
Engineered stone benchtops, panels or slabs may be imported in some very limited circumstances.
A person conducting a business or undertaking (PCBU) who wants to import engineered stone benchtops, panels or slabs should first contact their relevant work, health and safety (WHS) regulator to confirm whether:
- the benchtop, panel or slab is subject to a domestic exemption granted by the regulator in accordance with their own legislation, or
- the regulator will issue you with a confirmation that the proposed use of the engineered stone is for genuine research and analysis and/or sampling to identify engineered stone.
Import permit scheme
The Chief Executive Officer (CEO) of ASSEA may grant permission to import engineered stone benchtops, panels or slabs if:
a) the importation is for genuine research and analysis and/or sampling and identifying engineered stone; or
b) there are exceptional circumstances that justify the importation.
The PCBU should only apply to ASSEA for an import permit if they have been informed that they are not eligible for an exemption or written confirmation. ASSEA will refer an applicant to the appropriate authority if evidence of the enquiry and response is not provided.
Important: Permission to import engineered stone benchtops, panels or slabs does not permit a PCBU to supply, process or install engineered stone. Please check with your relevant WHS regulator, if you are unsure about what can or cannot be done with the engineered stone you wish to import.
Do you require permission to import engineered stone benchtops, panels or slabs?
Read the following 3 scenarios to see whether an import permit is required.
WHS Regulator contact list for engineered stone
| Jurisdiction | Regulator | Contact Details | Website |
| Commonwealth | Comcare | 1300 366 979 | Regulatory guide - Engineered stone prohibition exemption | Comcare |
| ACT | WorkSafe ACT | 13 22 81 | Engineered Stone Prohibition - WorkSafe ACT |
| NSW | SafeWork NSW | 13 10 50 | Engineered stone ban | SafeWork NSW |
| NT | NT WorkSafe | 1800 019 115 | Engineered stone ban | NT WorkSafe |
| Qld | WorkSafe Qld | 1300 362 128 | Ban on Engineered Stone: Protecting Workers’ Health | WorkSafe.qld.gov.au |
| SA | SafeWork SA | 1300 365 255 | https://safework.sa.gov.au/industry/construction/engineered-stone-prohibition |
| TAS | WorkSafe TAS | 1300 366 322 | Engineered stone |
| Vic | WorkSafe VIC | 1800 136 089 | Working with engineered stone | WorkSafe Victoria |
| WA | WorkSafe WA | 1300 307 877 | Engineered stone ban - WorkSafe – DEMIRS |
What are exceptional circumstances?
‘Exceptional circumstances’ for granting a permit to import engineered stone benchtops, panels or slabs will be considered in the context of all Australian governments' decisions to ban the use of engineered stone due to the unacceptable risk it poses to workers when processing this material.
Increasing stocks of engineered stone in Australia risks worker exposure to products which could require modification, repair or disposal.
Importations assessed as potentially requiring processing, whether immediately or in the future, will not be favourably considered.
Applying for a permit to import engineered stone benchtops, panels or slabs
Complete the permit application form and email it to: permits@asbestossafety.gov.au.
Granting permission to import engineered stone benchtops, panels or slabs is at the discretion of the decision maker. Applying for a permit does not guarantee that it will be granted. Applications for import permission must be supported by compelling evidence.
- Goods must not be shipped to Australia unless and until permission is granted in writing.
- The import permit may specify conditions or requirements which must be complied with by the permit holder.
Please allow at least 60 business days for applications to be processed.
Questions and answers
No, noting that the Australian Border Force recommends sample sizes are no larger than 250mm x 250mm x 40mm. A laboratory does not require a full benchtop, panel or slab to be able to undertake testing for the quantification of CSS to determine if the sample meets the definition of engineered stone under the WHS Regulations.
- The associated cargo report should describe the goods as “engineered stone samples for testing” or “samples of possible engineered stone”.
- Multiple different samples relevant to different products may be imported together.
Refer to the ABF website engineered stone information page for further guidance.
No. The exemption can be used in place of an import permit at the border, provided that:
- The exemption is valid at the time of importation, and
- The goods are declared as containing engineered stone at the border, and
- The importer produces a clear and readable copy of the exemption to the ABF at or before the importation, if requested to do so.
The exemption does not apply to any other type of engineered stone not specified in the exemption.
A holder of an exemption may be required to notify the relevant WHS regulator of their intended importation. Contact that WHS regulator to confirm before importation.
You should provide comprehensive responses to all relevant questions on the form to avoid delays in processing your application. ASSEA will contact the applicant if further information is required.
Applicants will need to demonstrate they will comply with all relevant customs and work health and safety laws.
Please provide as much information as possible on what the circumstances are and how those circumstances justify permission to import the goods. Details of the goods manufacture, how they were acquired and how they will be used will also need to be provided, including supporting documentary evidence. Refer to the import permit application form for further information.
No.
No.
The decision-maker for an import permit will be the ASSEA CEO.
The decision-maker has discretion to grant permission and can refuse to grant it if they believe the reason for importation is not in line with the Customs (Prohibited Imports) Regulations 1956 or the safeguards are inadequate to protect health and safety.
Successful applicants will receive a written permit letter referencing a permit number and conditions imposed. If the application was lodged by email, it will be delivered via email.
The permit details will be provided to the ABF by ASSEA.
The engineered stone must be declared in an import entry at the border.
A copy of the permit must be provided to the ABF at the border if requested.
Complying with all applicable laws, including for importation, handling, processing and disposing of engineered stone, is a condition of all permits.
Unsuccessful applicants will receive an email notifying them of the decision.
A decision to not grant an importation permit cannot be appealed.
Yes, if an importer is seeking to import engineered stone goods other than those listed on the existing permit, then an amendment must be requested prior to importation.
Please allow at least 30 business days for a decision to be made on an amendment application. Applications to amend a permit can be made by mailing permits@asbestossafety.gov.au and providing relevant details.
Comply with all applicable laws, including for importation, handling, processing and disposing of engineered stone.
- Comprehensive details on the safe handling of engineered stone can be found on the Safe Work Australia website engineered stone ban information page, which includes links to all state and territory regulator websites.
- Comply with any conditions of the permit.
- Ensure a copy of the valid permit is available to produce if requested by the Australian Border Force.
Formal Import Declarations are required for all importations of engineered stone benchtops, panels or slabs imported with:
- an import permit, or
- a confirmation or exemption provided by an authority of a state or territory, or
- a confirmation provided by Comcare.
Small volume samples for testing are not controlled and do not require a formal declaration. Each sample should be no larger than 250mm x 250mm x 40mm. The associated cargo report should describe the goods as “engineered stone samples for testing” or “samples of possible engineered stone”.
Further information about the declaration process is available at the How to import page on the ABF website.