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Australia has strict laws regarding the use and trade of mercury, a highly toxic heavy metal. The country has ratified the Minamata Convention, an international treaty that aims to protect human health and the environment from the adverse effects of mercury. Under this convention, Australia has banned the import and export of elemental mercury and mercury-added products, with specific phase-out dates for each product. The use of mercury in certain manufacturing processes is also prohibited, and new facilities must implement measures to control and reduce mercury emissions.
| Characteristics | Values |
|---|---|
| Is mercury illegal in Australia? | Yes, since March 7, 2022. |
| International treaty | The Minamata Convention on Mercury, signed on October 10, 2013, and ratified on December 7, 2021. |
| Purpose of the treaty | To protect human health and the environment from the adverse effects of mercury. |
| Products prohibited by the convention | Batteries, switches and relays, cosmetics with mercury content above 1ppm, light globes such as compact fluorescent lamps and fluorescent tubes, and certain manufacturing processes. |
| Requirements for importing mercury | Only allowed for environmentally sound interim storage or allowed use. Requires written consent from the Australian Department of Climate Change, Energy, the Environment, and Water. |
| Requirements for exporting mercury | Only allowed for environmentally sound interim storage or allowed use. Requires approval from transit and destination countries under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. |
| Penalties for non-compliance | Penalties are enforced under the Industrial Chemicals Act 2019. |
| National regulations | The National Pollutant Inventory (NPI) tracks emissions and keeps the public informed. The Industrial Chemicals Environmental Management Standard (IChEMS) sets national standards for the import, manufacture, export, use, and disposal of industrial chemicals. |
| State and territory regulations | Waste management rules differ by state and territory. State and territory governments play a role in managing the emission, release, and disposal of mercury. |
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What You'll Learn
Australia's ratification of the Minamata Convention
Australia ratified the Minamata Convention on Mercury on December 7, 2021, becoming the 136th party to the convention. The Minamata Convention is an international treaty aimed at protecting human health and the environment from the harmful effects of mercury.
Following Australia's ratification, the country amended its laws regarding mercury to comply with the Minamata Convention obligations. As a result, Australia now prohibits the import and export of elemental mercury, also known as metallic mercury, and mercury-containing products. This includes batteries, switches, relays, and cosmetics with a mercury content above 1ppm, such as skin-lightening soaps and creams.
Under the Minamata Convention, there are strict controls on the trade and use of mercury in Australia. To import mercury into Australia, it must be for environmentally sound interim storage or an allowed use. Applications for importing mercury must include the intended purpose, with specific details provided for storage or industrial use. Additionally, the exporting country's government must seek written consent from the Australian Department of Climate Change, Energy, the Environment, and Water.
Similarly, the convention stipulates that mercury can only be exported from Australia to another party for environmentally sound interim storage or an allowed use. Applications for exporting mercury must include similar details as those required for importing, including the intended purpose and relevant contact information.
Overall, Australia's ratification of the Minamata Convention has led to significant changes in the country's laws and regulations regarding mercury, demonstrating its commitment to protecting human health and the environment from the toxic effects of mercury.
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Import and export restrictions
Australia has strict import and export restrictions on mercury and mercury-containing products. The Australian government ratified the Minamata Convention on Mercury on 7 December 2021, which aims to protect human health and the environment from the adverse effects of mercury.
Under the Minamata Convention, Australia prohibits the import and export of elemental mercury, also known as metallic mercury. The import and export of certain mercury-added products are also banned, as outlined in the Recycling and Waste Reduction (Mandatory Product Stewardship—Mercury-added Products) Rules 2021. These include batteries, switches, relays, cosmetics containing mercury above 1ppm, and certain non-electronic measuring devices.
To import mercury into Australia, specific requirements must be met. If importing from a country that is a party to the Minamata Convention, written consent from the Australian Department of Climate Change, Energy, the Environment and Water is required. For imports from a non-party, certification is needed to ensure the mercury was not sourced from primary mercury mining or excess mercury from decommissioned chlor-alkali facilities. Additionally, the purpose of the import must be for environmentally sound interim storage or allowed industrial use, as outlined in the application process.
Exporting mercury from Australia is permitted only to another party to the Minamata Convention and for environmentally sound interim storage or allowed industrial use. The importing party's written consent is required, along with certification demonstrating compliance with the convention's provisions.
Businesses importing or exporting mercury waste require a Hazardous Waste Permit and approval from transit and destination countries under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
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Manufacturing and trade prohibitions
Australia has signed and ratified the Minamata Convention, an international treaty that aims to protect human health and the environment from the adverse effects of mercury. As a result, Australia has implemented several measures to control the trade and use of mercury, including the following:
Australia has prohibited the import and export of elemental mercury, also known as metallic mercury. This includes mixtures of mercury (including alloys) with a mercury concentration of at least 95% by weight. To import mercury from a non-party to the Minamata Convention, one must apply for authorisation and provide certification that the mercury was not sourced from primary mercury mining or excess mercury from decommissioned chlor-alkali facilities. Importing elemental mercury for industrial use without approval is an offence under the Industrial Chemicals Act 2019.
Additionally, Australia has banned the import, export, and manufacture of certain mercury-added products, as outlined in the Recycling and Waste Reduction (Mandatory Product Stewardship—Mercury-added Products) Rules 2021. These include specific types of batteries, switches, relays, cosmetics, and measuring devices. The Rules aim to protect public health and the environment by encouraging businesses to switch to mercury-free alternatives.
Furthermore, by March 7, 2022, Australia prohibited the import, export, and manufacture of certain lighting products containing mercury, such as compact fluorescent lamps (CFLs), linear fluorescent lamps (LFLs), and high-pressure mercury vapour lamps (HPMV).
Any new mercury-based industrial processes are strongly discouraged, and industries that emit mercury, such as coal-fired power plants, smelters, waste incinerators, and cement producers, are required to use the best available techniques (BAT) and best environmental practices (BEP) as set out by the Minamata Convention to control and reduce mercury emissions.
Waste management:
Mercury waste must be managed in an environmentally sound manner, following the Basel Convention’s Technical Guidelines and the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Waste management rules differ by state and territory, with licensing and transport requirements set by the appropriate authorities.
National Pollutant Inventory (NPI):
Australia maintains a National Pollutant Inventory (NPI) that tracks emissions and keeps the public informed. Facilities using or emitting 5 kg or more of mercury per year must report emissions to the NPI.
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Hazardous waste permits
To obtain a hazardous waste permit, applicants must meet several requirements. These include obtaining relevant permits, licences, authorisations, and clearances for transporting waste across international boundaries. Additionally, applicants must demonstrate financial capacity by providing audited financial statements and ensuring they can meet the costs of compliance. This includes the potential cost of returning waste to Australia if necessary.
Insurance is also a crucial aspect of the permit application process. Applicants must provide proof of public liability insurance with a liability limit of at least AUD5 million. This insurance should cover the costs associated with illegally trafficked waste, non-compliance, and damage or loss caused by environmental pollution.
Furthermore, applicants must provide detailed information about the intended use of the hazardous waste. If it is for interim storage, the application must include a description of the storage facility, its address, and relevant controls in place. On the other hand, if it is for industrial use, a clear description of the intended industrial use must be provided.
The processing time for hazardous waste permit applications to OECD countries is 40 days, while applications to non-OECD countries are processed within 60 days. It is important to note that exports of hazardous waste for final disposal, such as landfill or incineration, are only granted in exceptional circumstances.
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Mercury waste management
Mercury is a highly toxic heavy metal that can cause significant harm to people, wildlife, and the environment. As a result, the trade and use of mercury are subject to strict controls in many countries. In Australia, the import and export of elemental mercury and mercury-containing products are prohibited, with some exceptions. This ban is in compliance with the Minamata Convention, an international treaty aimed at protecting human health and the environment from the adverse effects of mercury.
Given the toxicity of mercury and the potential harm it can cause, the management of mercury waste is a critical issue. Mercury waste can be generated from various sources, as mercury is used in several products and processes, and is also found in minerals such as coal. The Global Mercury Partnership has outlined several measures to address mercury waste management:
- Source Separation: Promote environmentally sound source separation techniques for different kinds of mercury wastes, considering the technological and socio-economic circumstances of different countries.
- Storage: Develop and disseminate measures for the environmentally sound storage of mercury wastes.
- Collection: Work with relevant organizations to ensure the collection of mercury wastes is managed effectively.
- Transportation: Establish safe and compliant transportation methods for mercury-containing items, including customized containers and labelling.
- Treatment: Identify and address specific challenges in mercury waste management for different sectors and stakeholders, providing corresponding solutions.
- Disposal: Ensure the disposal of mercury wastes is done properly to protect human health and the environment.
In addition to these measures, the Global Mercury Partnership also emphasizes the importance of capacity-building and awareness-raising. This includes identifying specific challenges on the ground and providing solutions using the best available tools, knowledge, and experiences. They have also developed a Catalogue of Technologies and Services on Mercury Waste Management, which provides information on treatment technologies, equipment, and services.
At the national level, governments and waste management agencies play a crucial role in mercury waste management. For example, in the US, the Environmental Protection Agency (EPA) provides guidelines for storing, transporting, and disposing of mercury waste. They also offer resources like the Earth911.com recycling locator, where individuals can find local waste collection agencies and learn about specific requirements and regulations in their state.
Proper mercury waste management is a global concern, and collaboration between governments, organizations, and stakeholders is essential to ensure the safe and environmentally sound management of mercury wastes.
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Frequently asked questions
Yes, it is illegal to import elemental mercury into Australia without authorisation.
Yes, it is illegal to export elemental mercury from Australia without authorisation.
Australia prohibits the use of mercury in certain manufacturing processes and products. This includes batteries, switches and relays, cosmetics, and light globes.
