Australian Timber Bill endorsed
Australia has come considerably closer to adopting a new Timber Act, after a special committee of the Australian Senate has given its full support to the Australian Illegal Logging Prohibition Bill.
On 27 February, the committee released a report concluding its review of the amended draft exposure bill. It is now expected that the Bill will be passed into a law that prohibits the import of illegally logged timber products to Australia.
Significant import
Despite its own annual production of 27 million cubic metres of logs, Australia has a large import of timber products worth more than 4 billion USD per year.
These products are imported from as many as 85 countries, and there are no signs that the import will diminish in the foreseeable future.
The Senate committee notes that “Australia’s housing and construction, interior fit-out, and secondary wood processing industries are increasingly dependent on imported timber and wood-based raw materials, including an increase in the import of manufactured products of unertain origin”. The main risk of illegal timber coming into Australia is thought to be connected with import of complex processed products.
A challenge for small operators
Whilst the growing volume of imported products of unknown origin calls for stricter control in order to avoid illegal timber entering into Australia, there are concerns that the new legislation will pose a too heavy burden on many smaller import companies.
Any Australian company that is at risk of being in violation has reason for concern: the Australian Illegal Logging Bill lays down penalties of up to five years of imprisonment for importing illegally logged timber or timber products and for processing illegally logged raw logs. However, the burden of proof will rest with the authorities.
During consultations, concerns were also raised about the potentially negative impact on small producers in the exporting countries such as Papua New Guines and Malaysia.
Alignment with EU and US legislation
The Bill is similar to the EU Timber Regulation in that it involves a prohibition on illegally logged timber products and requires the industry to carry out due diligence to minimise risk. The Senate committee also stresses the importance of alignment with other international regimes such as the EU Timber Regulation and the US Lacey Act.
”With legislation in place in three of the world’s most important timber important markets, the situation can get complex for operators with export or import relations in several of these regions”, says Christian Sloth, Verification Services Manager of NEPCon.
”Although the overall frameworks appear similar, significant differences may ultimately lie in the details. Detailed requirements pertaining to the EU Timber Regulation are still pending, and the Australian act will be complemented by Regulations specifying the Due Diligence requirements”, explains Mr. Sloth. ”If these requirements are well aligned, it will be easier for all parties involved to ensure the right kind of documentation and information. So the clear intent of alignment expressed by the Senate Committee is very positive”.
