Elemental mercury
- Document symbol
- G/LIC/N/3/AUS/16
- Original language
- English
- Published on
- 27/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The importation of elemental mercury as per the definition under Sub regulation 2(1) of the Customs (Prohibited Imports) Regulations 1956 (PI Regulations), is prohibited under Regulation 4AC of the PI Regulations unless permission has been granted.
Import of mercury is also prohibited without approval under the following legislation. Permission to import mercury may be granted under the relevant legislation by the relevant Minister or authorised officer, if it meets the requirements under Article 3 of the Minamata Convention on Mercury (Minamata Convention).
- Agricultural and Veterinary Chemicals (Administration) Regulations 1995 – for agricultural chemicals and veterinary medicines.
- Industrial Chemicals (General) Rules 2019 – for industrial chemicals.
- Therapeutic Goods Regulations 1990 – for therapeutic chemicals and goods, where the mercury is for use as an ingredient or component in the manufacture of a therapeutic good, e.g. dental amalgam.
Importers are responsible for ensuring that permit requirements and any applicable exemptions are met before importation. A valid permit or exemption to import mercury must be produced to the Australian Border Force (ABF) at the time of importation.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Mercury is a highly toxic heavy metal that can have harmful effects on people, ecosystems, and wildlife. Australia is a party to the Minamata Convention, which aims to protect human health and the environment from the adverse effects of the anthropogenic releases of mercury and mercury compounds, in part by restricting the manufacture, trade and use of mercury at a global level. The Minamata Convention is named after "Minamata disease," which occurred in Japan during the mid-20th century. Mercury-tainted industrial wastewater released into Minamata Bay poisoned thousands of people, with crippling, irreversible effects.
The Minamata Convention aims to control and reduce mercury across a range of products, processes and industries. This includes mercury mining, manufacture and trade of mercury products containing mercury, disposal of mercury waste and mercury emissions from industrial facilities.
Q3. The system applies to goods originating in and coming from which countries?
The control applies to non-parties to the Minamata Convention. Parties to the Minamata Convention are required to seek written prior import consent from the importing country's Minamata Convention Authority – which is a separate process to the above border control. Parties to the Minamata Convention may still be required to show their written import consent to the ABF.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The importation prohibition of mercury is not intended to restrict the quantity or value of the imports. The controls are in place as Australia's measures to implement the obligations of the Minamata Convention.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The control on importation of mercury is a statutory requirement under the following legislation:
- PI Regulations
- Agricultural and Veterinary Chemicals (Administration) Regulations 1995;
- Industrial Chemicals (General) Rules 2019; and
- Therapeutic Goods Regulations 1990.
The system cannot be abolished without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Measures for mercury with industrial uses apply to the import of mercury from non-Parties and export of mercury for industrial uses. Mercury refers to elemental mercury and mixtures of mercury (including alloys of mercury) with a mercury concentration of at least 95% by weight for an industrial purpose. Excluded from this is mercury used for laboratory-scale research or as a reference standard, naturally occurring trace quantities in metals, ores or mineral products and subsequently derived products, and unintentional trace quantities in chemical products. Permission is required under the Australian Industrial Chemicals Introduction Scheme (AICIS) for the importation of mercury for industrial uses, before introduction from countries that are not Party to the Minamata Convention.
Q7.b. Can a licence be granted immediately on request?
There are no statutory timeframes in which to consider applications for the import of mercury for industrial uses.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Licensing to import mercury as an industrial chemical may be issued throughout the year.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Permits can be issued by one of the following regulatory agencies, depending on the purpose and use of the mercury:
- AICIS, Department of Health and Aged Care (DoHAC) – industrial purposes;
- Therapeutic Goods Administration, DoHAC– therapeutic purposes; and
- Australian Pesticides and Veterinary Medicines Authority and Department of Agriculture, Fisheries and Forestry – agriculture and veterinary purposes.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
If approval is not granted for the import of mercury for industrial uses a person whose interests are affected may request the Executive Director to reconsider the decision. An application may be made to the Administrative Appeals Tribunal for a review of a reconsidered decision.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Every person who introduces mercury as an industrial chemical in Australia must be registered with AICIS. Registration is required for anyone who introduces (manufactures or imports) industrial chemicals.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Applications for permission to import mercury as an industrial chemical should be through the AICIS website (AICIS Business Services interface). The application should include the following information:
- If importing from a non-Party to the Minamata Convention certification should be provided from the exporting country that the mercury was not sourced from primary mercury mining or excess mercury from the decommissioning of chlor-alkali facilities. These requirements are set out in Article 3 paragraphs 3 and 5(b) of the Minamata
- Supply a copy of the importing party's written consent to import the mercury or mercury-containing chemical (upload with your application form).
- Supplier and importer contact details, including an ABN (if applicable).
- AICIS registration number (if applicable).
- Common name and trade name of the mercury-containing chemical.
- The intended use of the mercury or mercury-containing chemical. Under the Minamata Convention, mercury can only be imported into Australia for environmentally sound interim storage or an allowed use. The application, must specify if the purpose is interim storage or industrial use.
- If for interim storage, a description of the intended storage for the mercury, including the facility address and relevant controls is required.
- If for industrial use, a description of the intended industrial use is
- Approximate date of importation.
- Quantity to be imported.
- Container size.
Approval from AICIS is not required to import mercury from a country that is a party to the Minamata Convention. The exporting country's government must seek written consent from the Department of Climate Change, Energy, the Environment and Water.
Q11. What documents are required upon actual importation?
The written permission of the relevant Minister or authorised officer is required to be produced to the ABF prior to or on import.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no fee for the import of mercury for industrial use.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There are no fees for any Minamata Convention import applications.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Approval to import mercury as an industrial chemical is for a single consignment. Separate approval must be gained for further import.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for not utilising permission to import mercury for industrial use.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Approval to import mercury as an industrial chemical is not transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other procedural requirements for the import of mercury as an industrial chemical.