Basic information
Outline of the system
The importation of elemental mercury as per the definition under Subregulation 2(1) of the Customs (Prohibited Imports) Regulations 1956, is prohibited under Regulation 4AC of the Customs (Prohibited Imports) Regulations 1956 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.
• The Agricultural and Veterinary Chemicals (Administration) Regulations 1995 – for agricultural chemicals and veterinary medicines.
• The Industrial Chemicals (General) Rules 2019 – for industrial chemicals.
• The 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 at the time of importation.
Product coverage
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 on Mercury 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.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
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.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
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 Australian Border Force.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The control on importation of mercury is a statutory requirement under the following legislation.
• The Customs (Prohibited Imports) Regulations 1956
• The Agricultural and Veterinary Chemicals (Administration) Regulations 1995
• The Industrial Chemicals (General) Rules 2019
• The Therapeutic Goods Regulations 1990
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Registration is required for anyone who introduces (manufactures or imports) industrial chemicals.
What persons or firms are eligible to apply for a licence?
Every person who introduces mercury as an industrial chemical in Australia must be registered with the Australian Industrial Chemicals Introduction Scheme (AICIS).
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Applications for permission to import mercury as an industrial chemical should be made in writing to the DAFF. The application should include the following information:
• If importing from a non-Party to the Minamamta Convention, you must provide certification from the exporting country that the mercury was not sourced from primary mercury mining or excess mercury from the decomissioning of chlor-alkali facilities. These requirements are set out in Article 3 paragraphs 3 and 5(b) of the Convention.
• You must supply a copy of the importing party's written consent to import the mercury or mercury-containing chemical (upload with your application form)
• Your and the importer's 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, you can only import mercury into Australia for environmentally sound interim storage or an allowed use. In your application, you'll need to tell us if your purpose is interim storage or industrial use.
o If it's for interim storage, you'll need to describe the intended storage for the mercury, in including the facility address and relevant controls
o If it's for industrial use, you'll need to describe what the intended industrial use is
• Approximate date of importation
• Quantity to be imported
•Container size
What documents is the importer required to supply with the application?
You do not need our approval to import mercury from a country that is a party to the Minamata Convention on Mercury. The exporting country's government must seek written consent from the Department of Climate Change, Energy, the Environment and Water.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Issuing the license
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.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
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 AICIS for the importation of mercury for industrial uses, before introduction from countries that are not Party to the Convention.
Which administrative body is responsible for approving application of licences?
Permits can be issued by one of the following regulatory agencies, depending on the purpose and use of the mercury.
• Office of Chemical Safety, Department of Health and Aged Care – industrial purposes
• Therapeutic Goods Administration, Department of Health and Aged Care– therapeutic purposes
• Australian Pesticides and Veterinary Medicines Authority and Department of Agriculture, Fisheries and Forestry – agriculture and veterinary purposes
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
N/A.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no fee for the import of mercury for industrial use.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
There are no fees for any Minamata import applications.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
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 applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
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.
If so, to what bodies and under what procedures?
An application may be made to the Administrative Appeals Tribunal for a review of a reconsidered decision
Importation
Are there any limitations as to the period of year during which importation may be made?
Licensing to import mercury as an industrial chemical may be issued throughout the year.
What documents are required upon actual importation?
The written permission of the relevant Minister or authorised officer is required to be produced to the Australian Border Force prior to or on import.
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.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Approval to import mercury as an industrial chemical is for a single consignment. Separate approval must be gained for further import.
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.
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.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
N/A.
Is a licence required as a condition to obtaining foreign exchange?
N/A.
Is foreign exchange always available to cover licences issued?
N/A.
What formalities must be fulfilled for obtaining the foreign exchange?
N/A.