Proposed changes to export legislation

Department of Agriculture Water and the Environment

The Department of Agriculture, Water and the Environment are proposing regulatory changes to the Export Control (Plants and Plant Products) Rules 2021 (plant rules). These changes are part of a suite of miscellaneous changes to the Export Control Rules 2021, including the rules for meat, wild game, poultry, rabbit and ratite, organic goods and animals.

The department committed to reviewing the Export Control Rules 2021 approximately 6 months after the commencement of the new export legislation on 28 March this year, to ensure the legislation functions as intended. As a result of this review, the department are now proposing changes to several rules, including the plant rules.

The proposed changes will ensure that the legislation remains fit for purpose – supporting growth and innovation, while maintaining the level of regulatory oversight trading partners expect.

To learn more about these changes and provide feedback, please visit https://haveyoursay.awe.gov.au/export-control-rules-2021-proposed-amendments. Consultation is open until 30 November 2021.

Proposed changes to the plant rules commencing 1 January 2022

We are proposing implementing the following changes on 1 January 2022:

  • All bulk vessel inspections must be recorded by Bulk Vessel Inspection Authorised Officers (BVI AOs) using helmet-mounted video recording devices.
  • We will have the power to direct loading of a non-compliant bulk vessel cease until action is taken to rectify the non-compliance.
  • Simplification of management system provisions for accredited properties and registered establishments.
  • Clarification of treatment operations for fresh fruit and vegetables to bilaterally negotiated protocol markets must occur at registered establishments and not accredited properties.
  • Modernisation of the list of 13 prescribed grains to ensure it covers synonyms of scientific names of the listed products.
  • Deprescription of plant-based oils even when an importing country requires phytosanitary certification.
  • Log re-inspections may occur at a wharf (not a registered establishment) where the logs are being loaded into or onto an approved bulk vessel.
  • Miscellaneous amendments to correct grammatical and typographical errors.

Proposed changes to the plant rules commencing 1 July 2022

We are proposing to introduce the Accredited Grain Surveyor Assurance (AGSA) scheme on 1 July 2022. We have been collaborating on these changes with the Australasian Institute of Marine Surveyors (AIMS) and representatives of Australia’s shipping and grain export industries. 

The AGSA scheme will require all marine surveyors that perform bulk vessel surveyors for plant exports to be accredited with AIMS to continue to perform bulk vessel surveys.

Further information

Please visit the following websites for details of the proposed changes:

You can also contact us at plantexportreform@awe.gov.au