The Minamata Convention on Mercury (the Convention) is an international treaty ratified by Australia. It protects human health and the environment from emissions or releases of mercury or mercury compounds. Individual states and territories are responsible for implementing various obligations under the Convention.
We work with other Victorian Government departments and agencies to implement the obligations relevant to Victoria.
The Convention covers the life cycle of mercury, from being mined to being managed as waste.
Through our environment protection framework, we regulate:
- manufacturing processes that use mercury or mercury compounds
- emissions of mercury or mercury compounds to the atmosphere
- releases of mercury or mercury compounds to land or water
- interim storage of mercury or mercury compounds
- disposal of mercury waste
- management of sites contaminated with mercury or mercury compounds.
For information about the regulation and management of mercury and land contaminated with mercury, visit mercury.
Sites contaminated by mercury
Relevant articles: Article 12(1) and Article 12(2)
Under Article 12(1), sites contaminated by mercury or mercury compounds must be identified and assessed.
Under Article 12(2):
- actions to reduce risks posed by sites contaminated by mercury or mercury compounds must be performed in an environmentally sound manner
- where appropriate, there should be an assessment of the risks to human health and the environment from the mercury or mercury compounds.
We implement these articles through the duty to manage contaminated land. The duty applies if you manage or control contaminated land. It applies even if the contamination happened before you took control of the land.
For more information on the management of sites contaminated by mercury or mercury compounds, visit Guidance on the management of contaminated sites on the Convention website.
Interim storage of mercury, other than waste mercury
Relevant article: Article 10(2)
The interim storage of mercury or mercury compounds for a use allowed under the Convention must be done in an environmentally sound manner.
This applies to:
- elemental mercury
- mixtures of mercury with other substances, including alloys of mercury with a mercury concentration of at least 95% by weight
- mercury compounds, namely mercury chloride (calomel), mercury oxide, mercury sulfate, mercury nitrate, cinnabar and mercury sulfide.
We implement this article through the general environmental duty.
WorkSafe Victoria and other Victorian Government departments have a role in implementing this article.
Environmentally sound storage is where mercury or mercury compounds are managed in a manner that protects human health and the environment against possible adverse effects.
For more information, visit Guidelines on the environmentally sound interim storage of mercury other than waste mercury on the Convention website.
Mercury wastes
Relevant articles: Article 11(3)(a) and Article 11(3)(b)
Mercury waste must be:
- managed in an environmentally sound manner
- only recovered, recycled, reclaimed or directly reused 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.
We implement these articles through the general environmental duty and waste duties.
Waste that contains mercury or mercury compounds is reportable priority waste under the Environment Protection Regulations 2021. Reportable priority waste is the subset of industrial waste with the highest level of controls.
For information on the environmentally sound management of mercury wastes, refer to the Basel Convention Technical guidelines for the environmentally sound management of wastes consisting of, containing or contaminated with mercury or mercury compounds.
Mercury emissions and releases
Relevant articles: Article 8(3), Article 8(4), Article 8(5), Article 9(4) and Article 9(5)
Emissions of mercury or mercury compounds to the atmosphere from specific point sources must be controlled and, where feasible, reduced.
There are specific requirements for these types of point sources:
- 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.
Releases of mercury or mercury compounds to land and water from relevant point sources must be controlled and, where feasible, reduced.
We implement these articles by issuing permissions to allow particular activities. From 7 March 2022, permissions for activities that relate to these point sources have conditions that mean emission or release controls must meet or exceed:
- best available techniques, and
- best environmental practices.
For more information, visit the Convention website:
Manufacturing processes that use mercury or mercury compounds
Relevant article: Article 5(6)
Several manufacturing processes that use mercury or mercury compounds are not allowed at new facilities. These include:
- 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.
We implement this article by not issuing permissions for activities involving manufacturing processes that are no longer allowed. These processes pose an unacceptable risk of harm to human health and the environment.
For activities that don't need a permission, we implement this article through the general environmental duty. It's considered reasonably practicable to use alternative processes or undertake activities that use mercury-free catalysts.
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