Basic information
Outline of the system
The Territory of Heard Island and McDonald Islands is an external territory of Australia. The purpose of the Territory of Heard Island and McDonald Islands Environment Protection and Management Ordinance 1987 is the preservation and management of the Territory for the protection of its environment and wildlife.
Product coverage
The Territory of Heard Island and McDonald Islands Environment Protection and Management Ordinance 1987 prohibits:
- the importation of any diseased organism or live poultry into the Territory (s13);
- the importation of any organism, or any dead poultry or poultry products into the Territory unless in accordance with a permit (s14.1(b)) .
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 Territory of Heard Island and McDonald Islands Environment Protection and Management Ordinance 1987 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 (and from other parts of Australia) .
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?
Any person is eligible to apply for a permit.
Is there a registration fee?
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 application should include the following information:
- name and address of applicant; - details of research location; - any non-indigenous species being introduced to the Territory; - use of radioisotopes; - details of sample specimens to be extracted; - members of research team or field project; and - organization affiliated to research project.
Heard&McDonald Islands form.pdfWhat documents is the importer required to supply with the application?
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 the Territory. 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 four months for the assessment of a permit application.
Which administrative body is responsible for approving application of licences?
Section 15(1) permit applications are assessed by a single organisation – i.e. the Australian Antarctic Division (AAD) of the Commonwealth Department of Climate Change, the Environment and Water (DCCEEW). 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?
No fees or administration charges are currently imposed.
What is the amount of the fee or charge?
Section 15(6) does, however, provide for the imposition of a permit issue fee not exceeding A$50.
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issue of licenses.
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 be refused if it is inconsistent with the requirements of the Heard Island and McDonald Islands Marine Reserve Management Plan 2014-2024, which includes the Territory.
Are the reasons for any refusal given to applicants?
The reasons for refusals are given to the applicant. Particulars of refusals to grant permits are published in the Commonwealth Government Gazette
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicant has a right of appeal.
If so, to what bodies and under what procedures?
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. 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?
Permit requirements and the application process are described at:
http://heardisland.antarctica.gov.au/protection-and-management/managemen....
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 the length of time that the applicant is scheduled to stay in the Territory. 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 license or a portion of a license.
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.
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.