Commonwealth Numbered Regulations Commonwealth Numbered RegulationsEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 -- Amendments
Agricultural and Veterinary Chemicals (Administration) Regulations 1995
1 Subregulation 1.3(1)
Insert:
"mercury " means elemental mercury (Hg(0), CAS Number 7439-97-6), and includes mixtures of mercury (including alloys of mercury) with a mercury concentration of at least 95% by weight, but does not include non-Minamata mercury.
"mercury-added products " means the products listed in Part 1 of Annex A to the Minamata Convention that contain mercury, but does not include the following:
(a) products essential for civil protection and military uses;
(b) products for research, calibration of instrumentation, or for use as a reference standard;
(c) if no feasible mercury-free alternative for a replacement is available--the following:
(i) switches and relays;
(ii) cold cathode fluorescent lamps and external electrode fluorescent lamps for electronic displays;
(iii) measuring devices;
(d) products used in traditional or religious practices;
(e) vaccines containing thiomersal as preservatives.
"Minamata Convention " means the Minamata Convention on Mercury done at Minamata on 10 October 2013, as in force for Australia at the commencement of this definition.
Note: The Convention could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"non-Minamata mercury " means any of the following:
(a) research mercury;
(b) naturally occurring trace quantities of mercury present in:
(i) products such as non-mercury metals, ores or mineral products (including coal); or
(ii) products derived from the products mentioned in subparagraph (i);
(c) unintentional trace quantities of mercury in chemical products.
"research mercury " means mercury to be used for laboratory-scale research or as a reference standard.
2 Subregulation 1.3A(1) (at the end of the definition of controlled chemical )
Add:
; (d) mercury that is to be used as an active constituent in a proposed or existing chemical product; or
(e) a chemical product that is mercury; or
(f) a chemical product that is a mercury-added product.
3 Before paragraph 3.05(a)
Insert:
(aa) the Minamata Convention;
4 Before subregulation 3.45(1)
Insert:
Importation of controlled chemicals other than mercury-added products
5 After subregulation 3.45(1)
Insert:
Importation of controlled chemicals that are mercury-added products
(1A) The importation into Australia of a controlled chemical that is a mercury-added product is prohibited in all cases.
Prescribed condition
6 Subregulation 3.45(2)
After "subregulation (1)", insert "or (1A)".
7 Before subregulation 3.50(1)
Insert:
Controlled chemicals other than mercury
8 After subregulation 3.50(1)
Insert:
Controlled chemical that is mercury
(1A) Subject to subregulation (1B), this Subdivision also applies to a controlled chemical that is mercury.
(1B) This Subdivision does not apply to mercury that is imported from a Party to the Minamata Convention.
Import-prohibited chemicals
9 Paragraph 3.55(1)(c)
Repeal the paragraph, substitute:
(c) for a chemical listed in Schedule 1--any condition or restriction specified for the chemical in the relevant item in Schedule 1 is satisfied.
10 Paragraph 3.55(2)(c)
Repeal the paragraph, substitute:
(c) for a chemical other than mercury--any condition or restriction specified for the chemical in the relevant item in Schedule 1.
11 Before subregulation 3.65(1)
Insert:
Permission to import an import-prohibited chemical other than mercury
12 Subregulation 3.65(1)
After "import-prohibited chemical", insert "specified in an item in Schedule 1".
13 After subregulation 3.65(1)
Insert:
Permission to import an import-prohibited chemical that is mercury
(a) either:
(i) Australia has provided the exporting party with written consent to the import; or
(ii) a general notification of consent is in force for Australia in accordance with paragraph 7 of Article 3 of the Minamata Convention; and
Refusal to grant application
14 Subregulation 3.65(2)
After "subregulation (1)", insert "or (1A)".
15 Before subregulation 3.100(1)
Insert:
Manufacture of controlled chemicals other than mercury-added products
16 After subregulation 3.100(1)
Insert:
Manufacture of controlled chemicals that are mercury-added products
(1A) The manufacture in Australia of a controlled chemical that is a mercury-added product is prohibited in all cases.
Prescribed condition
17 Subregulation 3.100(2)
After "subregulation (1)", insert "or (1A)".
18 Before subregulation 3.200(1)
Insert:
Export of controlled chemicals other than mercury-added products
19 After subregulation 3.200(1)
Insert:
Export of controlled chemicals that are mercury-added products
(1A) The export from Australia of a controlled chemical that is a mercury-added product is prohibited in all cases.
Prescribed condition
20 Subregulation 3.200(2)
After "subregulation (1)", insert "or (1A)".
21 Before subregulation 3.205(1)
Insert:
Controlled chemicals other than mercury
22 After subregulation 3.205(1)
Insert:
(1A) This Subdivision also applies to:
(a) a controlled chemical that is mercury ; and
(b) a chemical product that is research mercury.
23 Subregulation 3.205(2)
Repeal the subregulation, substitute:
Export-prohibited chemicals
(2) In this Subdivision:
(a) a controlled chemical to which this Subdivision applies is called an export-prohibited chemical ; and
(b) research mercury is also called an export-prohibited chemical .
24 Paragraph 3.210(1)(c)
Repeal the paragraph, substitute:
(c) for a chemical that is listed in Schedule 1--any condition or restriction specified for the chemical in the relevant item in Schedule 1 is satisfied.
25 Paragraph 3.210(2)(c)
Repeal the paragraph, substitute:
(c) for a chemical other than mercury--any condition or restriction specified for the chemical in the relevant item in Schedule 1.
26 Regulation 3.225
Before "An", insert "(1)".
27 At the end of regulation 3.225
Add:
(2) An authorised officer must grant an application for permission to export research mercury if the export is to a non-party to the Rotterdam Convention.
28 Before subregulation 3.230(1)
Insert:
Export-prohibited chemicals specified in Schedule 1--Stockholm Convention
29 Before subregulation 3.230(2)
Insert:
Export-prohibited chemicals specified in Schedule 1--Rotterdam Convention
30 After subregulation 3.230(2)
Insert:
Export of export-prohibited chemical that is mercury to a Party to the Minamata Convention
(2A) An authorised officer may grant an application for permission to export an export-prohibited chemical that is mercury to a Party (the importing Party ) to the Minamata Convention if the authorised officer is satisfied that:
(a) the importing Party has provided its written consent to the export; and
(b) the mercury is to be exported:
(i) for a use allowed to the importing Party under the Minamata Convention; or
(ii) for environmentally sound interim storage as set out in Article 10 of the Minamata Convention.
Export of export-prohibited chemical that is mercury to a non-party to the Minamata Convention
(2B) An authorised officer may grant an application for permission to export an export-prohibited chemical that is mercury to a non-party (the importing party ) to the Minamata Convention if the authorised officer is satisfied that the importing party has provided:
(a) its written consent to the export; and
(b) its written certification demonstrating that:
(i) it has measures in place to ensure the protection of human health and the environment; and
(ii) it has measures in place to ensure compliance with Articles 10 and 11 of the Minamata Convention; and
(iii) the mercury will be used only for a use allowed under the Minamata Convention to a Party to the Minamata Convention or for environmentally sound interim storage as set out in Article 10 of the Minamata Convention.
Export of export-prohibited chemical that is research mercury
(2C) An authorised officer may grant an application for permission to export an export-prohibited chemical that is research mercury if:
(a) the export is to a Party to the Rotterdam Convention; and
(b) the authorised officer is satisfied that the export complies with the requirements of that Convention.
31 Before subregulation 3.230(3)
Insert:
Export of other export-prohibited chemicals
32 Paragraph 3.230(3)(a)
Repeal the paragraph, substitute:
(a) none of subregulations (1) to (2C) apply; and
33 Before subregulation 3.230(4)
Insert:
Refusal to grant application
34 Paragraph 3.235(1)(a)
Repeal the paragraph, substitute:
(a) either:
(i) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or
(ii) the chemical is research mercury; and
35 Subregulation 3.240(1)
Repeal the subregulation, substitute:
(1) This regulation applies to the export of an export-prohibited chemical if:
(a) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or
(b) the chemical is research mercury.
36 Paragraph 3.245(1)(a)
Repeal the paragraph, substitute:
(a) either:
(i) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or
(ii) the chemical is research mercury; and
37 Subregulation 3.250(1)
Repeal the subregulation, substitute:
(1) An authorised officer must refuse to grant an application mentioned in any of subregulations 3.230(1) to (3) for permission to export an export-prohibited chemical if the officer is not satisfied as to the matters mentioned in the relevant subregulation in relation to the application.
38 Paragraph 3.250(2)(a)
Repeal the paragraph, substitute:
(a) either:
(i) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or
(ii) the chemical is research mercury; and
39 Regulation 3.305 (definition of import-prohibited chemical )
After "controlled chemical", insert "(other than mercury)".
40 Regulation 3.305 (definition of export-prohibited chemical )
Repeal the definition, substitute:
"export-prohibited chemical " means a controlled chemical (other than mercury), and includes research mercury.
41 After Part 4
Insert: