Document ID: chunk:federal_register_of_legislation:F2024C00679:reg:75d
Version: federal_register_of_legislation:F2024C00679
Segment Type: reg
Provision Reference: reg 75D
Character Range: 382571–384067

75D  Decision on application to import an industrial chemical that is mercury
 (1) The Executive Director must:
 (a) consider an application for approval to import 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 importation of the mercury; or
 (b) not approve the importation of the mercury.
 (4) The Executive Director must not approve the importation of the mercury from a non‑Party (the exporting Party) to the Minamata Convention unless the Executive Director is satisfied that:
 (a) either:
 (i) Australia has provided the exporting Party with written consent to the importation; 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
 (b) the exporting Party has provided certification that the mercury is not:
 (i) sourced from primary mercury mining; or
 (ii) excess mercury from the decommissioning of chlor‑alkali facilities.
 (5) 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.