Tag Archives: treaty

Final Update: Australian ratification of the Minamata Convention on Mercury

Australia ratified the Convention on 7 December 2021, see: https://www.awe.gov.au/environment/protection/chemicals-management/mercury

Note: the enclosure referred to in the correspondence can be found in my earlier update: http://michaelcornish.org/2021/11/22/update-9-australian-ratification-of-the-minamata-convention-on-mercury/

 

Update 8: Australian ratification of the Minamata Convention on Mercury

The Hon Sussan Ley MP
Minister for the Environment
PO Box 6022
House of Representatives
Canberra ACT 2600

 

Dear Minister,

RE: Australian ratification of the Minamata Convention on Mercury

May I thank and congratulate you and the Government for now progressing Australia towards ratification of the Minamata Convention.

I note the report of the Joint Standing Committee on Treaties (Report #197) has recommended ratification and to discard any potential pursuit of an exemption for High Pressure Mercury Vapour (HPMV) lamps:

“The Committee supports the Convention and recommends that binding treaty action be taken. The Committee recommends the Government reassess the need to seek an exemption to allow for the continued importation of HPMV lamps into Australia, considering such an exemption to be reputationally damaging and of limited practical benefit.”[1]

Further, as per the transcript of the relevant Committee hearing, the only other countries seeking this type of exemption are Botswana, China, Ghana, India, Iran, Lesotho, Madagascar and Thailand.

The following exchange at the Committee hearing underlines the point:

CHAIR: Would it be correct to say that Australia is the only developed or OECD country that’s seeking an exemption to allow us to continue to import HPMV lighting?

Ms Douglass: To my knowledge, yes.

CHAIR: It seems like rather odd company to be keeping, with those countries you mentioned.

May I please inquire, what is the expected or approximate timeframe now for Australia’s formal ratification of the Minamata Convention?

Further, could you please confirm whether Australia will – uniquely for an OECD country – seek an exemption to the Convention, or whether it will now seek to ratify without exemption?

Yours sincerely,

Michael Cornish

29 / 9 / 2021

Cc: Mr David Sharma MP, Chair, Joint Standing Committee on Treaties

Cc: Secretariat of the Minamata Convention on Mercury, United Nations Environment Programme

[1] p.v, Report 197, Joint Standing Committee on Treaties, August 2021; tabled 1 September 2021

Update 7: Australian ratification of the Minamata Convention on Mercury

The Joint Standing Committee on Treaties released their report today:

Relevant recommendations from the report reproduced below:

Recommendation 2
3.122 The Committee supports the Minamata Convention on Mercury and
recommends that binding treaty action be taken.

Recommendation 3
3.123 The Committee recommends the Government reassess the need to seek an
exemption to allow for the continued importation of High Pressure Mercury
Vapour (HPMV) lamps into Australia, considering such an exemption to be
reputationally damaging and of limited practical benefit.

Update 6: Australian ratification of the Minamata Convention on Mercury

The transcript of the hearing of the Joint Committee Inquiry into the Convention’s ratification became available within the last few days, see: https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/MinamataConvention/Public_Hearings.

Mr Dave Sharma MP
Chair
Joint Standing Committee on Treaties
Parliament House
Canberra ACT 2600
e: [email protected]; [email protected]

 

Dear Mr Sharma

Re: Inquiry into the Minamata Convention on Mercury, vapour lamps exemption

I write to you as a submitter to the Inquiry into the Minamata Convention on Mercury. For additional context, I was a former Senior Adviser to the Federal Member for Mayo, Ms Rebekha Sharkie MP, with carriage at the adviser level for Centre Alliance’s environment portfolio (amongst other portfolios).

I read the transcript of the inquiry hearing of 9 August 2021 with great interest. I wholeheartedly agree with your analysis and concern for the exemption to the Convention being sought by Australia until December 2023, namely, an exemption to import restrictions for high-pressure mercury vapour lamps for general lighting purposes.

This concern would no doubt be shared by the environmental NGOs who made submissions to the Committee.

I too see no good need to delay the inevitable transition away from mercury vapour lights that is, according to the account provided in the hearing, already complete or underway in all Australian State and Territory jurisdictions.

Additionally, as you and fellow Committee Members collectively noted in the hearing:

  • The exemption would deny Australia “a benefit of $17.3 million from energy savings and around $4.4 million from carbon savings”, i.e. an estimated opportunity cost to Australia of $21.7 million;
  • Australia would be the only OECD country to seek an exemption to the treaty, alongside small group of countries – China, India, Thailand, and a cluster of sub-Saharan African countries;
  • Australia is already an international laggard in its ratification of the treaty, with (“approximately”) 120 of 128 original signatories having already ratified;
  • Seeking an unnecessary exemption may undermine Australia’s negotiating position in the future direction of the Convention, a key interest that was identified in most industry submissions to the Inquiry; and
  • The Lighting Council of Australia did not evidence sufficient concern on the matter to make a submission to the Inquiry.

Further, the serious underlying health and environmental concerns that drive the impetus of the Convention – and Australia’s ratification of it – can only be undermined by any exemption.

In conclusion, I strongly urge that the Committee recommend that there be no exemption for mercury vapour lighting sought in Australia’s ratification of the Minamata Convention on Mercury.

Thank you again for your time in considering my correspondence.

Yours sincerely,

Michael Cornish

25 / 8 / 2021

Cc Doctors for the Environment Australia
Cc Environmental Justice Australia
Cc Conservation Council of SA

Update 5: Australian ratification of the Minamata Convention on Mercury

Media release reproduced from: https://www.aph.gov.au/About_Parliament/House_of_Representatives/About_the_House_News/Media_Releases/Mercury_falling_Treaties_Committee_examines_Minamata_Convention

Mercury falling: Treaties Committee examines Minamata Convention

Issue date: Monday, 9 August 2021

Mercury is a highly toxic heavy metal that poses a global threat to human health and the environment. The Minamata Convention creates a common platform for global action to reduce mercury’s use and impact, committing Parties to address the full lifecycle of mercury, including its safe disposal.

In the 1950s an industrial company in the Japanese seaside city of Minamata was found to have released untreated mercury waste into the adjoining saltwater bay for decades. The mercury contaminated the fish and shellfish stocks, and caused the death and poisoning of thousands of local residents. This environmental and public health catastrophe led to improved Japanese regulations and, importantly,  the establishment of the Minamata Convention.

Australia’s Joint Standing Committee on Treaties will be hearing expert evidence and reviewing Australia’s potential ratification of the Minamata Convention at a public hearing on 9 August.

Committee Chair Mr Dave Sharma MP said “Ratifying the Minamata Convention would address an important global public health risk, align Australia with our major trading partners, and provide regulatory certainty for Australian businesses”.

At its 9 August hearing the Committee will also examine the Framework Agreement between the Government of Australia and the Organisation for Joint Armament Cooperation, known as OCCAR. OCCAR is a European organisation that facilitates international cooperation in the development and procurement of defence equipment. The proposed Agreement would allow Australia to participate in OCCAR managed programmes.

Update 4: Australian ratification of the Minamata Convention on Mercury

Committee Secretary
Joint Standing Committee on Treaties
PO Box 6021
Parliament House
Canberra ACT 2600

e: [email protected]

Dear Committee

RE: Submission to the Minamata Convention on Mercury Inquiry

I write to you as a former Senior Policy Adviser to Rebekha Sharkie MP who had carriage of the environment portfolio for Centre Alliance.

Australia is to be congratulated for signing the Minamata Convention on Mercury in October 2013.

The Convention is a global treaty to protect human health and the environment from the adverse effects of mercury. Mercury is a heavy metal that cycles between the atmosphere, ocean and land, and can be toxic to humans and wildlife. According to the booklet of the Convention, “[m]ercury is recognised as a substance producing significant adverse neurological and other health effects, with particular concerns expressed about its harmful effects on infants and unborn children.”[1]

Australia is one of the few developed nations yet to ratify this important treaty.

The Convention is named after Minamata disease, itself named for the poisoning of the Japanese community in Minamata Bay that resulted from eating shellfish and fish containing methylmercury (an organic mercury compound) accumulated from industrial wastewater. Signs and symptoms of Minamata disease include ataxia, numbness in the hands and feet, general muscle weakness, loss of peripheral vision, and damage to hearing and speech. In extreme cases, insanity, paralysis, coma, and death follow within weeks of the onset of symptoms. Whilst conventional mercury poisoning is less severe, it can lead to serious burns; skin-shedding; kidney dysfunction; itching; hair, teeth and nail loss; hypertension, and more besides.

Whilst Australia’s mercury emissions have reduced greatly in recent years due to the deployment of mercury emission reduction technology in key gold-mining processing plants, Australia’s per capita mercury emissions remain higher than the global average[2] as they are insufficiently regulated.  More still needs to be done across other sectors, including the production of other metals, fossil fuel combustion, and intentional use and waste.

It is excellent news that the Government has now published its Regulatory Impact Statement (RIS) on the Ratification of the Minamata Convention on Mercury[3] and has now referred the ratification of the Convention to the Committee. The RIS found that there will be no regulatory burden on business or the community, as existing regulatory frameworks broadly align with international obligations under the Convention. Ratification was calculated to provide a net benefit of over $5.9 million over 20 years, and this direct economic benefit will be accompanied by a range of additional social and environmental qualitative benefits.

Furthering the case for ratification, the National Interest Analysis provided to the Committee summarises several compelling reasons for rapid ratification that are worth highlighting, specifically:

“10. Collective global action under the Minamata Convention is the most effective means of protecting Australians from the harmful effects of mercury pollution…

  1. Due to the widespread adoption of the Convention… ratification would have a low impact on Australian business and industry…
  2. …several rounds of public and targeted consultation have confirmed broad [domestic] support for ratification and have not identified any significant risks or disadvantages.
  3. The impetus to ratify now is strong, with business and industry keen for certainty about mercury controls in Australia and for alignment with trading partners…
  4. Australia is currently unable to fully engage in or guide the direction of the associated scientific and technical bodies to the Convention, and cannot vote on decisions regarding future global controls. Ratification will provide Australia with a seat at the negotiating table, enabling us the opportunity to influence the future direction of the Convention.”[4]

Importantly, the procedural barriers to ratification are also minimal, with the National Interest Analysis concluding that “…ratification can proceed with only minor legislative and policy amendments across all jurisdictions”[5].

In conclusion, I provide two recommendations to the Committee, namely:

Recommendation 1: That the Committee recommend the ratification of the Minamata Convention on Mercury.

Recommendation 2: That the Federal Government finalise the minor legislative changes required to effect ratification by no later than the end of 2021.

Thank you for your time and consideration of my submission.

Yours sincerely,

Michael Cornish

16 / 7 / 2021

[1] UN Environment Programme, Minamata Convention on Mercury – Text and Annexes, September 2017, https://www.mercuryconvention.org/Portals/11/documents/Booklets/COP3-version/Minamata-Convention-booklet-Sep2019-EN.pdf

[2] UN Environment Programme, Technical Background Report for the Global Mercury Assessment, 2013, https://www.amap.no/documents/doc/Technical-Background-Report-for-the-Global-Mercury-Assessment-2013/848

[3] See: https://ris.pmc.gov.au/2021/03/04/ratifying-minamata-convention-mercury

[4] p2, National Interest Analysis: Category 1 Treaty, Minamata Convention on Mercury, Department of Foreign Affairs and Trade, 2021

[5] Ibid.

Update 3: Australian ratification of the Minamata Convention on Mercury

Today the Federal Parliament referred the Minamata Convention on Mercury to the Joint Standing Committee on Treaties.

[Below reproduced from: https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/MinamataConvention]

Minamata Convention on Mercury

The Treaties Committee is empowered by its resolution of appointment to inquire into and report on ‘matters arising from treaties and related National Interest Analysis and proposed treaty actions presented or deemed to be presented to the Parliament.’

As nearly all treaty actions proposed by the Australian Government are tabled in Parliament, this type of review activity accounts for much of the Committee’s work.

The Committee invites interested persons and organisations to make submissions by 19 July 2021.

Submissions for this inquiry can be lodged online via the link on this page. For information on how to make a submission, go to our Making a submission to a Parliamentary Inquiry page.

Committee Secretariat contact:

Committee Secretary
Joint Standing Committee on Treaties
PO Box 6021
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 4002
Fax: +61 2 6277 2219
[email protected]

Update: Australian ratification of the Minamata Convention on Mercury

Response from the Secretariat to the Minamata Convention on Mercury, 19 April 2021

Dear Mr. Michael Cornish,

Thank you for sharing this important update with the Secretariat of the Minamata Convention on Mercury.

It is indeed excellent news that your Government has published its Regulatory Impact Statement on the Ratification of the Minamata Convention on Mercury.

We look forward to welcoming Australia as a Party to the Convention.

Best regards,

[REDACTED]
Legal/Programme Officer
Secretariat of the Minamata Convention on Mercury
UN Environment
International Environment House 1
Geneva, Switzerland