Australia: Ratification of the Minamata Convention on Mercury

Recently, Australia deposited its Instrument of Ratification for the Minamata Convention on Mercury with the United Nations Depositary. This means that the Minamata Convention will enter into force for Australia on 7 March 2022.

The Minamata Convention on Mercury is an international treaty designed to protect human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds.

The Convention, among other, sets restrictions on international trade of mercury, prohibits the manufacture, import and export of a wide range of mercury-added products and discourages new uses of mercury in products and industrial processes.

Australia made changes to the following pieces of legislation to comply with the obligations of the Minamata Convention on Mercury:

Amended regulations under the Customs Act 1901 to prohibit the import and export of elemental mercury.
Amended regulations and rules under the Therapeutic Goods Act 1989; Agricultural and Veterinary Chemicals (Administration) Act 1992; and Industrial Chemicals Act 2019 to prohibit the manufacture, import and export of certain mercury-containing products in Australia; and the import and export of elemental mercury.
Created a new rule under the Recycling and Waste Reduction Act 2020 to prohibit the manufacture, import and export of certain mercury-containing products in Australia.

The listed legislative changes will all come into effect on 7 March 2022.

In scope of the Minamata Convention are:

1) Elemental mercury (CAS Number: 7439-97-6); HS 28054000

2) All mercury-added products listed in Part I of Annex A of the Minamata Convention on Mercury:

Batteries, except:

- Button zinc silver oxide batteries with a mercury content <2%
- Button zinc air batteries with a mercury content <2%

Switches and relays, except:
- Very high accuracy capacitance and loss measurement bridges
- High frequency radio frequency switches and relays in monitoring and control instruments with a maximum mercury content of 20mg per bridge, switch or relay
Lamps containing specified quantities of mercury:
- Compact fluorescent lamps (CFLs) for general lighting purposes that are ≤30 watts with a mercury content exceeding 2.5 mg per lamp burner
- Linear fluorescent lamps (LFLs) for general lighting purposes
- Triband phosphor <60 watts with a mercury content exceeding 5 mg per lamp;
- Halophosphate phosphor ≤40 watts with a mercury content exceeding 10mg per lamp)
- High pressure mercury vapour (HPMV) lamps for general lighting purposes
- Cold cathode fluorescent lamps (CCFL) and external electrode fluorescent lamps (EEFL) for electronic displays: – short length (≤500mm) with mercury content exceeding 3.5mg per lamp – medium length (>500mm and ≤1500mm) with mercury content exceeding 5mg per lamp – long length (>1500mm) with mercury content exceeding 13mg per lamp
Cosmetics (with a mercury content above 1ppm), including skin lightening soaps and creams, and not including eye area cosmetics where mercury is used as a preservative and no effective and safe substitute preservatives are available.
Pesticides, biocides, topical antiseptics
The following non-electronic measuring devices except non-electronic measuring devices installed in large-scale equipment or those used for high-precision measurement, where no suitable mercury-free alternative is available:
- Barometers
- Hygrometers
- Manometers
- Thermometers
- Sphygmomanometers