The Minamata Convention (the Convention) on Mercury is an international treaty ratified by Australia that seeks to protect human health and the environment from emissions or releases of mercury or mercury compounds.

This Convention enters into force in Australia on 7 March 2022 and includes controls on:

  • mercury mining
  • the manufacture and trade of mercury and products containing mercury
  • disposal of mercury waste
  • emissions of mercury from industrial facilities.

As Victoria’s environmental regulator, EPA is responsible for supporting the implementation of selected articles of the Convention related to manufacturing processes in which mercury or mercury compounds are used; emissions of mercury and mercury compounds to the atmosphere; releases of mercury or mercury compounds to land or water; interim storage of mercury or mercury compounds; the disposal of mercury wastes; and the management of contaminated sites. 

Visit the Australian Government’s Department of Agriculture, Water and Environment for further details.

What is mercury?

Mercury is a highly toxic heavy metal that can have dangerous effects on people and animals. It can irreversibly harm the immune system, brain, heart, kidneys, and lungs. Due to its unique properties, mercury has been widely used in products present in the home, and in industrial products and processes. Mercury can be found in the following items and settings:

Everyday household items

Thermometers, batteries, computers, LCD computer monitors and TV screens, tablets and mobile phones and other items that have printed circuit boards, barometers, thermostats, some medical devices, pendulum clocks and fluorescent tubes and globes. Visit Sustainability Victoria for information on the safe disposal of household waste containing mercury.

Industry settings

A variety of industries release mercury as a part of their industrial processes. These processes include small scale mining, ferrous and nonferrous metals production, burning of fossil fuels and cement production.

Waste and land contamination

Mercury and mercury compounds can be present in household, medical and industrial wastes, as well as air and land contamination due to thermal processes such as crematoria, incineration, smelting and power generation.

Soil from historical industrial sites, areas historically mined for gold, and agricultural lands where mercury-based fungicides have been used may also contain elevated mercury. Waste soil from such areas of contaminated land is a potential source of mercury.

Minamata Convention and the Victorian environment protection framework

In Australia, individual states and territories are responsible for implementing various obligations under the Convention.

In Victoria, implementation of several articles will be supported via the environment protection framework as set out in the Environment Protection Act 2017 and the Environment Protection Regulations 2021. Other obligations under the Convention will be implemented through other policy and legislative frameworks. For further information refer to WorkSafe Victoria, Earth Resources, and the Department of Health and Human Services.

The table below sets out the individual articles of the Convention that are implemented through Victoria’s environment protection framework. For further information on the below articles, please refer to the Convention.

Manufacturing processes in which mercury or mercury compounds are used Article 5(6), Annex B
Emissions Article 8(3), Article 8(4), Article 8(5)
Releases Article 9(4), Article 9(5)
Environmentally sound interim storage of mercury, other than waste mercury Article 10(2)*
Mercury wastes Article 11(3)(a), Article 11(3)(b)
Contaminated sites Article 12(1), Article 12(2)

*WorkSafe Victoria and the Department of Health and Human Services will also support implementation of Article 10(2).

How requirements of the Convention are met under Victoria’s environment protection laws

The Environment Protection Act 2017 and the Environment Protection Regulations 2021 provide the relevant legislation and regulatory instruments to enable the protection of human health and the environment from mercury and mercury compounds. It is anticipated that in most cases, duty holders may already meet the requirements of the Convention by complying with their duties and environment protection obligations. The following provides an outline of the relevant instruments of Victoria’s environment protection framework and the relevant articles of the Convention each responds to:

  • General environmental duty (s25, Environment Protection Act 2017)

    Relevant Convention articles

    Article 5(6), Article 10(2), Article 11(3)(a), Article 11(3)(b), Article 12(1), Article 12(2)

    The general environmental duty (GED) underpins the Environment Protection Act 2017 and applies to all Victorians. Under the GED, duty holders are required to minimise the risk of harm to the environment and human health from pollution and waste (including from mercury and mercury compounds) from their activities, so far as reasonably practicable.

    Article 10 - Environmentally sound interim storage of mercury, other than waste mercury

    As required by Article 10(2), the interim storage of mercury and mercury compounds for a use allowed under the Convention must be undertaken in an environmentally sound manner. Requirements under the Convention apply to:

    • mercury (elemental)
    • mixtures of mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95 per cent by weight, and
    • mercury compounds, namely mercury chloride (known also as calomel), mercury oxide, mercury sulphate, mercury nitrate, cinnabar and mercury sulphide.

    The GED requires duty holders to minimise the risk of harm from these activities so far as reasonably practicable. Further, the Convention applies different requirements where mercury or mercury compounds are defined as mercury wastes, for more information refer to the waste framework below.

    The implementation of Article 10(2) is further supported by WorkSafe Victoria and the Department of Human Health and Services.

    More information

    General environmental duty

    Understanding your environmental obligations

    Understanding what reasonably practicable means

    Manage your environmental risk

    State of knowledge and industry guidance

    Liquid storage and handling guidelines (publication 1698)

    Guidelines on the environmentally sound interim storage of mercury other than waste mercury

  • Contaminated land duties (Duty to manage, s39, Environment Protection Act 2017; Duty to notify, s40, Environment Protection Act 2017)

    Relevant Convention articles

    Article 12(1), Article 12(2)

    As required by Article 12(1), sites contaminated by mercury or mercury compounds must be identified and assessed.

    The contaminated land duties address the risk of harm from contamination of land and groundwater (including from mercury or mercury compounds), and work alongside the general environmental duty (GED). 

    As required by Article 12(2), actions to reduce risks posed by sites contaminated by mercury or mercury compounds should be performed in an environmentally sound manner incorporating, where appropriate, an assessment of the risks to human health and the environment from the mercury or mercury compounds they contain.

    The contaminated land duties apply to you if land you manage or control is contaminated. When contamination is present, or you suspect it is present, you have a duty to manage the risks from that contamination. This is the case even if the contamination happened before you took control of the land.

    More information

    Understanding your contaminated land duties

    Contaminated land policy (publication 1915)

    Understanding your environmental obligations

    Understanding what reasonably practicable means

    Guidance on the management of contaminated sites

  • Waste framework

    Relevant Convention articles

    Article 11(3)(a), Article 11(3)(b)

    As required by Article 11(3) mercury waste must be:

    • managed in an environmentally sound manner
    • only recovered, recycled, reclaimed, or directly re-used for a use allowed under the Convention or for environmentally sound disposal
    • not transported across international boundaries except for the purpose of environmentally sound disposal.’

    Victoria’s waste framework outlined in the Environment Protection Regulations 2021 aims to manage risks to human health and the environment from waste, and to support and encourage waste resource recovery and reuse. The Environment Protection Regulations 2021 (Schedule 5) designates waste that is comprised of, or containing mercury or mercury compounds, as reportable priority waste (waste code D120).

    The waste framework operates in addition to the general environmental duty (GED)  and requires duty-holders to undertake three steps to manage industrial waste (including reportable priority waste such as waste containing mercury or mercury compounds). For reportable priority waste, the three steps are:

    • Classification: properly identify and classify it so that it is clear what duties apply to the waste and how to manage it.
    • Transportation: provide sufficient information about the waste to the transporter. Reportable priority waste has a transaction control, where each time the waste changes hands, EPA must be informed through the electronic waste tracker. A duty holder must also ensure the vehicle holds an EPA-issued permission to transport the waste type and the waste is contained and isolated as required by the priority waste duties.
    • Lawful place: ensure that industrial waste only goes somewhere with lawful authority to receive it (e.g. through an EPA-issued permission).

    Duty holders responsible for the management of waste containing mercury or mercury compounds are subject to multiple duties under the Environment Protection Act 2017 including duties to manage  storage, transport and disposal.

    More information

    Summary of waste framework (publication 1756)

    Reportable priority waste

    Waste tracker

    Permissions

    New controls and permissions - our Permissions Scheme Policy

    Technical guidelines for the environmentally sound management of wastes consisting of elemental mercury and wastes containing or contaminated with mercury

  • Permissions

    Relevant Convention articles

    Article 5(6), Article 8(3), Article 8(4), Article 8(5), Article 9(4), Article 9(5)

    Licences, permits and registrations (known collectively as permissions) are issued by EPA to give permission to, or to allow an entity to undertake a particular activity. The requirement to hold a permission before undertaking a prescribed activity outlined in the Environment Protection Regulations 2021, and the conditions that EPA might attach, are designed to ensure that environment protection standards are met and that the environment and human health are protected.

    Article 5(6) - Manufacturing processes in which mercury or mercury compounds are used

    Several manufacturing processes (outlined in Annex B of the Convention) in which mercury or mercury compounds are used are not allowed at new facilities after 7 March 2022.

    EPA will not issue permissions for prescribed permission activities that involve the following manufacturing processes on the basis that these processes pose an unacceptable risk of harm to human health or the environment:

    • Chlor-alkali production
    • Acetaldehyde production in which mercury or mercury compounds are used as a catalyst
    • Vinyl chloride monomer production
    • Sodium or Potassium Methylate or Ethylate
    • Production of polyurethane using mercury containing catalysts

    Even if an EPA permission is not required in relation to the above processes, it is considered reasonably practicable to use alternative processes or to engage in activities that use mercury-free catalysts.

    Article 8(3)(4)(5) – Emissions

    Emissions of mercury and mercury compounds to the atmosphere from specific point source categories (outlined in Annex D of the Convention) must be controlled and, where feasible, reduced.

    The Convention imposes specific requirements on the following point source categories:

    • Coal-fired power plants
    • Coal-fired industrial boilers
    • Smelting and roasting processes used in the production of non-ferrous metals
    • Waste incineration facilities
    • Cement clinker production facilities.

    From 7 March 2022, new permissions under the Environment Protection Act 2017 that relate to these  point source categories will be subject to conditions requiring that emissions controls meet or exceed best available techniques and best environmental practices. Visit the Mercury Convention for information on best available techniques and best environmental practices.

    Article 9(4)(5) - Releases to land and water

    Releases of mercury and mercury compounds to land and water from relevant point sources (significant anthropogenic points of release) not addressed by other provisions of the Convention must be controlled and, where feasible, reduced.

    From 7 March 2022, new permissions under the Environment Protection Act 2017 that relate to these point source categories will be subject to conditions. These conditions will require emissions controls to meet or exceed best available techniques and best environmental practices. Visit the Mercury Convention for more information.

    More information

    Permissions

    New controls and permissions - our Permissions Scheme Policy

    Understanding what reasonably practicable means

    Guidance on Best Available Techniques and Best Environmental Practices

Reviewed 16 February 2022