Update on BMSB post implementation issues (NNF 2018/026)



Further to NNF 2018/013 – BMSB Questions and Answers we have been in regular contact with the Compliance Controls Branch at the Department of Agriculture & Water Resources (the Department) to address ongoing questions and issues raised by members.

Key issues covered in this newsflash include:

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FAK & LCL policy and process

We met with the Department representatives seeking further advice on how they will manage the process related to directions, inspections and/or treatment onshore for "freight of all kind (FAK)".

There is confusion within industry about the Department's policy as in the current import process for FAK/LCL and BMSB profile, there is no way for the freight forwarder (consolidator), or Approved Arrangements operator to be aware of the need to manage the BMSB risk at the container level.

We hear some freight forwarders are requesting from clients an “authority to treat” and some may have fumigated FAK containers. We questioned the Department what authority and direction was issued when there is no set system or process for the  Department to issue directions at the container level as individual customs brokers report and submit documents to the Department on individual LCL level and directions to release, inspect or fumigate the LCL cargo are issued.

The Department is now aware it is not clear who is responsible for movement or fumigation of container if required as BMSB directions are issued to individual customs brokers for the LCL cargo.

The Department is currently reviewing the process and looking for solutions on how to best manage the biosecurity risks during the emergency measures period.

We will keep you informed of any further developments on this issue.

Fumigation Delays

Since the implementation of the emergency measure some members reported an increase in fumigation directions which is now starting to create backlog at some of the main fumigation operators. Naturally the increased volumes will challenge the fumigators and will delay the clearance process.

We advised the Department of the limited number of fumigation operators and the potential impact this may have on the trading community, however the Department advised the measures are implemented as an emergency response to prevent incursion of BMSB and potential damage to Australia’s $9.4 billion horticultural industry as stink bugs have been found in imported containers.

If you are experiencing any delays with fumigation we recommend that you contact the shipping lines and seek extension of free time for return of empty containers to avoid additional costs as such delays due to regulatory intervention are out of your control as a service provider assisting the importers to facilitate trade.

Issues fumigating sensitive goods

We have been informed Pharmaceutical products are now included on the exemption from treatment tariff groups. Other excluded goods are fresh produce (including nursery stock and live plants), live animals, food for human consumption (including beverages) and seeds for sowing.

If the importer has any sensitive goods that are not able to be treated with methyl bromide, or other approved treatment for BMSB, we recommend they contact the Department ‘s Air and Sea Cargo section on 1800 900 090 or email [email protected] to obtain an approval for possible unpack and inspection under supervision at Approved Premises as re export is not a viable option if  the biosecurity risks can be addressed onshore.

For any specific issues we encourage you or your clients to contact Air and Sea Cargo at [email protected] 


Zoran Kostadinoski
Regional Manager VIC / TAS / SA

 

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