Document ID: chunk:federal_register_of_legislation:F2024C00679:reg:75e
Version: federal_register_of_legislation:F2024C00679
Segment Type: reg
Provision Reference: reg 75E
Character Range: 384067–386317

75E  Decision on application to export an industrial chemical that is mercury
 (1) The Executive Director must:
 (a) consider an application for approval to export an industrial chemical that is mercury in accordance with this section; and
 (b) make a decision on the application as soon as is reasonably practicable after the day the application is made.
 (2) In considering the application, the Executive Director must have regard to any further information provided by the applicant under subsection 75C(4).
 (3) After considering the application, the Executive Director must decide to:
 (a) approve the export of the mercury; or
 (b) not approve the export of the mercury.

Export to a Party to the Minamata Convention
 (4) The Executive Director must not approve the export of the mercury to a Party (the importing Party) to the Minamata Convention unless the Executive Director is satisfied that:
 (a) the importing Party has provided its written consent to the export; and
 (b) the mercury is being 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 to a country that is not a Party to the Minamata Convention
 (5) The Executive Director must not approve the export of the mercury to a non‑Party (the importing Party) to the Minamata Convention unless the Executive Director is satisfied that:
 (a) the importing Party has provided its written consent to the export; and
 (b) the importing Party has provided written certification demonstrating that:
 (i) it has measures in place to ensure the protection of human health and the environment, and to ensure compliance with Articles 10 and 11 of the Minamata Convention; and
 (ii) the mercury will be used only for a use allowed to the importing Party under the Minamata Convention, or for environmentally sound interim storage as set out in Article 10 of the Minamata Convention.

Notice of decision
 (6) The Executive Director must give the applicant written notice of:
 (a) the decision; and
 (b) if the decision is to refuse the application—the reasons for the decision.

Chapter 7—Miscellaneous

Part 1—Simplified outline of this Chapter