It is commonly known that copper smelter terms include penalties if the concentrations of elements, such as arsenic, mercury and fluorine, exceed stipulated limits. It is less commonly known that the behaviour of these elements in the smelters can depend on the processes used to treat the concentrate. The principle behind the penalties is to compensate the smelters and refineries for additional costs caused by the presence of the penalty elements, but these costs will vary depending on the process used and the location of the smelter.The issues caused by the minor elements include effects on the occupational health of smelter workers, increased environmental disposal costs, increased operating costs and reduced cathode copper quality.The effects of minor elements can be surprising. High levels of arsenic in concentrate are considered undesirable, but some smelters add arsenic to anode copper to improve the performance of the refinery.Excess concentrations of some elements will result in rejection of concentrates by smelters. China has blanket import bans on copper concentrates with concentrations of lead, arsenic cadmium, fluorine and mercury exceeding specified levels.This paper will review the behaviour of minor elements in smelters and refineries, explaining the deleterious effects of each of them, to provide a greater understanding for people and organisations wishing to market copper concentrates.CITATION:Fountain, C, 2013. The whys and wherefores of penalty elements in copper concentrates, in Proceedings MetPlant 2013 , pp 502-518 (The Australasian Institute of Mining and Metallurgy: Melbourne).