END POINT ROYALTIES.

TIME TO ACCURATELY DECLARE.

We know this can be a difficult process, so we are providing an opportunity for growers themselves to review their End Point Royalty (EPR) declarations and payments back to the 2020 crop. We are asking you to check your previous declarations by requesting a personalised link to the platform provided by LongReach Plant Breeders and pay what was missed by February 2024.

These audits are all about making sure growers are doing the right thing and paying their EPRs to ensure the industry can continue to thrive. It is also about recognising the growers who are paying and are currently carrying those who don’t.

Audits will continue this year and in future, since the need for EPRs to fund variety development is not going away.

Keep an eye out for an email from LongReach Plant Breeders with a link to a form to HELP YOU complete (or revise) your declarations.

Didn’t get the email? Click the button below to let us know.

WHAT ARE WE LOOKING OUT FOR?

  • We are looking out for growers who have bought or delivered one of our varieties previously and have not declared since.

  • We are looking into EPRs paid on grain fed to stock on farm. These still need to be paid.

  • We will be checking if you have accurately reconciled payments for grain sold to other grain traders from GrainCorp warehouses; not all grain buyers auto deduct EPR’s.

  • We are looking for reduced royalties compared to previous years.

EPR

〰️ Myth Busters 〰️

EPR 〰️ Myth Busters 〰️

BETTER UNDERSTANDING OUR EPR AUDITS

NOW IS THE TIME.

If you have missed any of the harvest declarations going back to the 2020 crop, messed them up or didn't realise what you needed to put in there, you have until February 2024 to re-do them using the platform provided by LongReach Plant Breeders and pay what was missed.

Our auditing team is tracking down missed EPRs. Please don’t wait until you hear from us to accurately reconcile your payments.

AUDITS IN 2023.

Audits are beginning on end point royalty compliance in November 2023. We know this can be a difficult process, so we are providing growers access to their online system to accurately reconcile payments. Audits will continue this year and into the future.

YOUR CONTRACTUAL OBLIGATIONS

EPRs are a mechanism for ensuring that plant breeders, such as LongReach Plant Breeders, are rewarded for the R&D that goes into developing new varieties; growers get access to those varieties, which are protected by plant breeders rights.

As a business and an industry it’s critical to get accurate data for harvest declarations. Not all grain buyers auto deduct EPRs, and without the harvest declarations to assist reconciling payments, EPRs can go unpaid. Without EPRs, the future of wheat breeding programs is jeopardised. These audits are all about making sure growers that are doing the right thing and paying their EPRs don’t have to keep carrying those that aren’t.

RED FLAGS

A red flag goes up for us at LongReach when we can see these growers have bought or delivered one of our varieties previously and then no harvest declaration follows. That’s an instant red flag for us that we will follow up for sure. That means getting our auditors to ask some questions and working with the grower to get to the bottom of what’s happened.

Frequently asked questions

  • You have an obligation, and we need it to reconcile payments.

    • Reconciling Payments
      As a royalty collector, we do not have information on all grain sales made by growers. We don’t know if all sales have been through a grain trader that auto deducts. The Harvest Declaration is required to reconcile payments and ensure royalty is paid on all eligible tonnes harvested.

    • Grower Obligation
      Most current varieties associated with open pollinated crops (such as wheat & barley) are protected by plant breeders rights (PBR). i.e. the breeders have been granted PBR prior to releasing the variety. Most plant breeders or licensed royalty collectors utilise an industry standard variety license which outlines the terms on which growers are permitted to use their varieties. One of these terms is providing information relating to harvested crop. National Grower Register (NGR) has been commissioned to do this on behalf of most plant breeders to minimise the forms that are needed to be completed. At the end of the harvest declaration period run by NGR, the royalty collectors pursue non returned declarations.

  • Grain Levies paid to the Grains Research and Development Corporation (GRDC) are focussed in many areas such as agronomy, environmental challenges and pre breeding (trait development). But the GRDC does not breed or develop new varieties. In relation to pre breeding activities, GRDC funds are channeled through research organisations such as our Universities , Departments of Ag, or CSIRO. Once a trait has been developed, plant breeders such as LongReach Plant Breeders take up material from the researcher containing the desired traits and introduce them to elite germplasm (suited to region, high yield, disease tolerance and grain quality). This process takes approximately 10 years to ensure a high quality product for Australian growers. EPR’s are required to fund this stage of the germplasm development value chain.

  • No one likes paying bills, however here are some points we think make this a very fair system.

    • Seed is an input cost to your business like any other, however, with end point royalties , you pay after harvest, usually when you sell your grain or your payments have been reconciled.

    • EPRs are charged on a production basis, rather than a set fee. Accordingly, the quantum of EPR you pay is relative to your yield. You pay less in a poor year. Nothing harvested: nothing paid.

    • By aligning EPRs to crop performance, when varieties are superior quality and high yield, both growers and plant breeders benefit.

    • The majority of the value created by higher yield varieties goes back to growers who benefit directly from increased production.

    • If the EPR value capture model for Open Pollination plant breeding in Australia fails, the financial returns to plant breeders will be insufficient for plant breeders to develop new high yield, superior quality varieties for growers. What is the likelihood of Government investing to the same level if we are unable to make this model work?

  • 1: We can manage the genetics but not the environment: As breeding organisations, we develop varieties that have the genetic capability to deliver on yield, disease tolerance and grain quality in specific regions. We try to make these varieties as robust as possible, however, in Australia’s environment, we all know there are extremes that can bring us undone. Ultimately, the final result is a function of Genetics x Environment (GxE). Our promise is that genetically, our material can deliver a result given a suitable environment.

    2: Our pricing is already low: As a % of cost / ha relative to crop revenue, EPR (your seed input cost going to the breeder) is approximately 1%.

  • 1: Compliance has slipped significantly in the Eastern States. For the 2021 harvest, compliance has fallen to 46% in Qld and 74% in NSW. Without full compliance, LRPB will not be able to operate in these regions, and will be under pressure to focus resources in other states.

    2: Audits are common place in other Ag industries to ensure compliance such as the fruit industry and cotton. It is now clear that there needs to be checks in place to ensure this value capture model is protected in broadacre cropping.

  • LRPB will be sending out a form for growers to check and update information going back to the 2020 crop season. We realise it can be difficult to reconcile payments and are keen to help where we can. Please contact info@longreachpb.com.au for more information.

  • Audits will commence in November 2023. We know that harvest and planting are critical periods, and planning will attempt to minimise audit activity during these critical periods. Audits will be planned as an ongoing process and will become “business as usual” to ensure compliance.

  • There are several reasons why this is difficult:

    • We are businesses, with different structures, a mixture of public & private investors & various channels to market. Setting EPR prices across all organisations could significantly constrict some business models. Maintaining a diversity in models creates strong competition between breeding companies and ultimately the grower benefits.

    • Access to new traits is costly to plant breeding programs. In many cases, royalties need to be paid back to the respective research partners. These costs vary and need to be reflected in EPR pricing.

    • New varieties deliver varying added value to the industry. Pricing needs to be able to reflect this.

  • Most open pollinated crop varieties available on today’s market are protected by Plant Breeders Rights (PBR).

    • PBRs give the PBR owner the exclusive right to do various things with the propagating material of the protected plant variety, including to produce, reproduce or sell the propagating material. It also gives the owner the exclusive right to license others to do those things.

    • Varieties with PBR protection therefore require permission from the PBR owner to use their PBR protected propagating material such as germplasm. The grower variety license is a document that facilitates this permission. Growing a PBR protected variety without a license to do so is an infringement of the of PBR owner’s rights in breach of the Plant Breeder’s Right Act 1994 (Cth) (PBR Act).

    • Varieties have been released under the PBR Act since 1994. There is high awareness of this obligation throughout the industry.

  • Yes, EPR is payable on all production other than that retained for seed.

  • We understand this is difficult, but it is your responsibility to keep accurate records of any PBR’d variety. We are keen to work with you to provide solutions to make this easier but ultimately, this is your responsibility. If a local grain trader failed to pay you for your deliveries because they felt it was too hard to keep track of everything that came in, you would be understandably upset. So are we!

  • Not all grain buyers auto deduct. If you sold to Graincorp from the Graincorp warehouse, they will have deducted the EPR. If you sold ex the Graincorp warehouse to another trader, your EPR may not have been deducted. In this case, you may still owe EPR.

  • No, several members of the plant breeding industry are about to begin audits to improve compliance.