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Table 1 Important Indian regulations corresponding to some of the Articles of the Minamata Convention on Mercury

From: Implementation of the Minamata Convention to manage mercury pollution in India: challenges and opportunities

Article of Minamata Convention

Overall scope of the Article

Related Indian regulations

Article 3: mercury supply sources and trade

Obligations to prohibit new primary mercury mining activity, to identify stocks (and supply sources) of mercury or mercury compounds, related to decommissioning of chlor-alkali facilities and management of related mercury, to prohibit export and import of mercury

The Mines Act, 1952; the Mines and Minerals (Development and Regulation) Act, 1957; the Factories Act, 1948; the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, 1994, 2000; the Hazardous and Other Wastes (Management, Handling and Transboundary Movement) Rules, 2016; the Foreign Trade (Development and Regulation) Act, 1992; the Customs Act, 1962

Article 4: mercury-added products

Obligations to prohibit manufacture, import or export of mercury-added products, to implement different measures or strategies to address products listed in Part I of the Annex A

The Factories Act and Rules, 1948; the Foreign Trade (Development and Regulation) Act, 1992; the Customs Act, 1962

Article 5: manufacturing processes in which mercury or mercury compounds are used

Obligations to prohibit and restrict use of mercury and its compounds in manufacturing processes listed in Part I and II of Annex B

The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, 1994, 2000; the Drugs and Cosmetics Act, 1940

Article 7: artisanal and small-scale gold mining

Obligations to take steps to reduce and/or eliminate the use of mercury and its compounds in ASGM activities

The Indian Mines Act, 1952; the Mines and Minerals (Development and Regulation) Act, 1957

Article 8: emissions

Obligations to control and/or reduce emissions of mercury and its compounds to the atmosphere from the relevant point sources

The Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986

Article 9: releases

Obligations to control and/or reduce releases of mercury and mercury compounds to land and water from the relevant point sources

The Water (Prevention and Control of Pollution) Act, 1974; the Environment (Protection) Act, 1986

Article 10: environmentally sound interim storage of mercury, other than waste mercury

Obligations to insure environmentally sound interim storage of mercury and mercury compounds as defined in Article 3 and do not fall within the category of mercury wastes as defined in Article 11

The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, 1994, 2000

Article 11: mercury wastes

Obligations to take appropriate measures to manage (in environmentally sound manner) waste containing mercury and its compounds

The Hazardous and Other Wastes (Management, Handling and Transboundary Movement) Rules, 2016; the Bio-Medical Waste (Management and Handling) Rules, 2016; the Municipal Solid Waste (Management and Handling) Rules, 2016; the E-waste (Management and Handling) Rules, 2016

Article 12: contaminated sites

Obligations to develop appropriate strategies for identifying and assessing sites contaminated by mercury or its compounds. (Does not include obligations for remediations of such mercury contaminated sites)

The Hazardous and Other Wastes (Management, Handling and Transboundary Movement) Rules, 2016; the Environment (Protection) Act, 1986

Article 16: health aspects

To promote the development and implementation of strategies and programmes to identify and protect populations at risk, particularly vulnerable populations

The Factories Act, 1948; the Mines Act, 1952; the Municipal Solid Waste (Management and Handling) Rules, 2016; the Chemical Accidents (Emergency Planning, Preparedness, and Response) Rules, 1996; the Public Liability Insurance Act, 1991; the Prevention of Food Adulteration Act, 1954; the Food Safety and Standards Act, 2006