Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698848855677.pdf (New Zealand)
Reprint as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Public Act Date of assent 1996 No 30 10 June 1996 Contents Title Short Title and commencement Part 1 Preliminary Interpretation Meaning of term new organism Act to bind the Crown Part 2 Purpose of Act Purpose of Act Principles relevant to purpose of Act Matters relevant to purpose of Act 1 2 2A 3 4 5 6 Page 16 16 16 32 33 35 36 36 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry for the Environment 1 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 20A 21 22 23 24 24A 24B 24C 24D Precautionary approach Treaty of Waitangi Methodology to be used Part 3 Powers, functions, and duties Powers, functions, and duties of Minister Powers, functions, and duties of Authority Powers, functions, and duties of enforcement ofﬁcers General duty Part 4 Environmental Risk Management Authority Establishment of Authority Membership of Authority Eligibility for appointment as member of Authority Restriction on Ministerial direction Further provisions applying in respect of Authority Delegation by Authority Obligation to prepare and maintain register Register of exposure limits for substances with toxic or ecotoxic properties Charges Payments in advance Fees for local authorities Power to request information Part 4A Nga Kaihautu Tikanga Taiao Establishment of Nga Kaihautu Tikanga Taiao Function of Nga Kaihautu Tikanga Taiao Appointment and remuneration of members and chair Review of terms of reference Part 5 Assessment of hazardous substances and new organisms Prohibition of import, etc, and types of approval 25AA This Part subject to Part 5A [Repealed] 25 Restriction of import, manufacture, development, ﬁeld testing, or release Prohibition of import, manufacture, or use of persistent organic pollutants 25A 2 36 37 37 38 38 40 40 41 41 41 42 42 42 45 46 47 48 48 48 49 49 49 50 50 50 52 Reprinted as at
 1 August 2008 Hazardous Substances and New Organisms Act 1996 25B 25C 25D 26 27 27A 28 28A 29 29A 29B 30 31 32 33 34 34A 35 36 37 38 Prohibition on storage of persistent organic pollutants Continuation of certain exemptions under Toxic Substances Regulations 1983 Use of persistent organic pollutants imported or manufactured before commencement of Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Determination of new organism or hazardous substance Types of approval Approvals
 at any taxonomic classiﬁcation Approvals for hazardous substances Application for approval to import or manufacture hazardous substances Rapid assessment for importation or manufacture of hazardous substances Determination of applications Approvals for innovative agricultural compounds and medicines [Repealed] Applications relating to persistent organic pollutants Containment approvals for hazardous substances Importing hazardous substances in containment Application for hazardous substance containment approval Decision on application Exemptions from Act for small­scale research on hazardous substances Assessment of new organisms for importation or release Application for approval to import or release Applications for conditional release and for release in respect of same new organism Rapid assessment of risk for importation of new organisms Minimum standards Additional matters to be considered Determination of applications to import or release Conditional release of new organisms 38A Application for approval to import or release new organism with controls 52 53 53 54 55 55 56 57 58 59 59 59 60 61 62 63 64 64 65 66 66 68 3 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Application under section 34 may be treated as application under section 38A Determination of applications to import or release new organisms with controls Controls Duration of conditional release approval Consequences of expiry of conditional release approval Review of controls on conditional release approval Restriction on release of new organism subject to conditional release approval Release of qualifying organisms Assessment of applications for release of qualifying organisms Procedure for assessing and approving application by responsible chief executive Controls Review of controls for qualifying organisms Containment approval for new organisms Importation or development of new organisms in containment Application for containment approval for new organisms
 Assessment of adverse effects of developing genetically modiﬁed organisms Rapid assessment of adverse effects for development of genetically modiﬁed organisms Rapid assessment of projects for low­risk genetic modiﬁcation Rapid assessment of adverse effects for importation of genetically modiﬁed organisms into containment Additional matters to be considered when application made for developing new organisms in containment Additional matters to be considered on applications for importing and ﬁeld testing of organisms Additional matters to be considered for certain developments and ﬁeld tests Determination of application Controls required for certain developments and for all ﬁeld tests Animals in circus or zoological garden deemed approved under section 255 68 69 69 70 71 71 72 72 73 74 74 75 76 78 78 78 79 79 80 80 81 82 83 38B 38C 38D 38E 38F 38G 38H 38I 38J 38K 38L 39 40 41 42 42A 42B 43 44 44A 45 45A 45B 4 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 46 47 48 49 49A 49B 49C 49D 49E 49F 49G 49H 49I 49J 49K Use of hazardous substances and new organisms in emergencies Meaning of emergency Application for approval to use a hazardous substance or new organism in an emergency Determination of applications Exemptions from provisions of Act in emergencies Rapid assessment and approval of agricultural compounds and medicines in special emergencies Interpretation Declaration of special emergency Application of sections 49D to 49K Application for
 approval to use agricultural compound or medicine in special emergency Contents of application Determination of applications Controls attaching to approval of application Notiﬁcation or publication of approval of application Effect of approval of release Duration of approval Consequences of expiry of approval Rapid assessment and approval of other hazardous substances in special emergencies 49L Rapid assessment and approval of other hazardous substances in special emergencies Prohibited list organisms 50
 Prohibited organisms Transhipment 51 Transhipment of substances and organisms Procedure for assessment Applicant may be required to provide further information Applications required to be publicly notiﬁed 52 53 53A Method of public notiﬁcation 54 55 56 Submission on application Information held on behalf of applicant Consideration of information withheld under Ofﬁcial Information Act 1982 Authority to withhold information 57 84 84 85 86 87 88 88 88 89 90 91 91 92 92 93 93 94 95 96 96 98 99 99 103 103 5 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Further information Time limits and waivers Obligation to hold hearing Provisions relating to hearings Grounds for reassessment of a substance or organism Reassessment 58 59 60 61 62 63 63A Modiﬁed reassessment procedure for amendments to approvals of hazardous substances Suspension of approvals during reassessment 64 No compensation following reassessment 65 Requirement for disposing of substances 66 Disposal of persistent organic pollutants 66A Authority to direct disposal of new organisms 67 67A Minor or technical amendments to approvals Minister’s call­in powers Minister’s power to call in applications with signiﬁcant effects Notiﬁcation of Minister’s direction Minister may appoint persons Conduct of inquiry by Authority Authority to report to Minister Minister to decide application and notify decision Part 5A Restrictions on approving certain applications [Repealed] Interpretation
 [Repealed] Application [Repealed] Authority must not consider or approve certain applications during restricted period [Repealed] Additional information required for certain applications [Repealed] Additional matters Authority must consider for certain applications [Repealed] No compensation [Repealed] Expiry [Repealed] Part 6 Controls Hazard classiﬁcation system Establishment of hazard classiﬁcation system Regulations prescribing hazard classiﬁcation control 68 69 70 71 72 73 73A 73B 73C 73D 73E 73F 73G 74
68 69 70 71 72 73 73A 73B 73C 73D 73E 73F 73G Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 76 77 77A 77B 78 79 80 81 82 82A 82B 82C 83 84 85 86 87 88 89 90 91 92 93 94 95 Requirements for containers, identiﬁcation, disposal, emergencies, tracking, and ﬁreworks Controls on hazardous substances Authority’s power to impose controls and vary speciﬁed controls Exposure limits for substances with toxic or ecotoxic properties Codes of practice Codes may be approved by Authority Availability of codes Proof of code Test certiﬁers Issue of test certiﬁcates by test certiﬁers Register of test certiﬁcates Delegation by approved person Revocation of test certiﬁcates for approved ﬁllers and approved handlers Applications for approval as test certiﬁer Processing applications for approval as test certiﬁer Register of test certiﬁers Complaints to Authority Transferable permits Establishment of transferable permit scheme Authority to recommend establishment Transferable permit scheme and variation of controls Transfer of permits Contents of transferable permits Modiﬁcation of permits Registration of scheme Transferable permit not to be mortgaged Prohibition on import or manufacture until transferable permit obtained Permissions and licences 95A 95B Permissions Licences Environmental user charges 96 Report on environmental user charges 121 122 123 124 126 127 129 129 129 130 132
 132 135 136 137 137 138 138 139 139 140 140 140 140 141 141 142 143 7 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Part 6A Group standards Purpose of Part Group standards 96A 96B 96C When group standards may be issued or amended 96D 96E 96F Revocation of group standards Effect of group standards Hazardous substances in group standards if Parts 11 to 15 apply Part 7 Inspection, enforcement, and ancillary powers Inspection Enforcement of Act Enforcement of Act in respect of
 new organisms Enforcement of Act in respect of hazardous substances in place of work Co­ordination of inspection Chief executives of Ministry and Authority to have functions, powers, duties, and protections of enforcement ofﬁcers Supervision of inspection Appointment of enforcement ofﬁcers Duty of territorial authorities Building Act 2004 Powers of entry for inspection Compliance orders Scope of compliance order Compliance with compliance order Form and content of compliance order Service of compliance order Cancellation of compliance order Enforcement Offences Infringement offences Commission of infringement offence Infringement notices Entitlement to infringement fees Penalties Liability of employers and principals 97 97A 97B 98 98A Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 116 117 118 119 120 121 122 123 124 Liability of directors and ofﬁcers of bodies corporate Strict liability and defences Fines to be paid to territorial authority instituting prosecution Search warrants Dealing with property seized by enforcement ofﬁcers Application of Customs and Excise Act 1996 to hazardous substance imported in breach of this Act Power to require hazardous substance to leave New Zealand Declaration that organism not genetically modiﬁed Responsibilities of carrier and
 person in charge of any craft Part 7A Pecuniary penalties and civil liability for breaches relating to new organisms 124A Interpretation Pecuniary penalties 124B Pecuniary penalty order 124C Amount of pecuniary penalty 124D Other orders instead of or in addition to pecuniary penalty order 124E Standard of proof and procedural matters 124F Relationship between concurrent proceedings for pecuniary penalty and criminal proceedings Civil liability for acts and omissions while in breach 124G Civil liability
 124H Defences to liability under section 124G Liability for acts and omissions of others 124I Breaches, acts, and omissions by directors, employees, or agents Part 8 Appeals 125 126 127 128 129 Appeals Appeal on question of law Notice of appeal Right to appear and be heard on appeal Parties to appeal before High Court 169 169 171 171 173 174 174 175 175 176 176 177 178 178 178 179 179 180 182 184 184 184 185 9 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 130 131 132 133 134 135 136 137 138 139 Orders of High Court Additional appeals on points of law Extension of time Date of hearing Appeals to Court of Appeal Part 9 Emergencies Interpretation Declaration of emergency Emergency powers Compensation for property requisitioned or destroyed Protection of enforcement ofﬁcers and persons Part 10 Miscellaneous provisions Regulations Relationship to other Acts 140 140A Persistent organic pollutants 140B Schedule 1AA may be amended or substituted 141 Procedure for making Orders in Council 141A Incorporation of material by reference 142 142A Exemptions from approval requirements [Expired] Notiﬁcation of hazardous substances injuries 143 Reporting of incidents 144 Ombudsmen Act 1975 amended [Repealed] 145 Authority to be Crown entity [Repealed] 146 Additional matters to be included in statement of intent 147 Additional reporting requirements 148 Amendments to other Acts 149 Repeals and revocations 150 Part 11 Transitional provisions—general
 [Expired] Interpretation [Expired] Expiry of transitional provisions [Expired] 151 152 152A Expiry of transitional provisions in relation to persistent organic pollutants [Expired] Exemption in case of licence application [Expired] Exemptions from regulations and provisions of Parts 11 to 16 [Expired] Applications made under transitional provisions [Expired] Reprinted as
202 203 203 203 203 204 204 204 205 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 156 157 158 159 Offences against Parts 11 to 16 [Expired] Defences [Expired] Suspension and cancellation of licences [Expired] Continuation of Pesticides Board and Toxic Substances Board [Expired] Regulations relating to transitional provisions [Expired] 160 160A Notices of transfer relating to transitional matters [Expired] 160B Controls may be imposed for purposes of notice of transfer [Expired] Regulations saved [Expired] Reassessment of substances and organisms [Expired] 161 162 Part 12 Transitional provisions—pesticides [Expired] Interpretation [Expired] Application of this Part [Expired] Sale, importation, and use of pesticides [Expired] Labelling [Expired] Advertisements [Expired] Review and revocation of registration [Expired] Transfer of proprietors’ rights [Expired] Sale of pesticides in bulk [Expired] 163 164 164A Protection of information [Expired] 165 166 167 168 169 170 171 Warranties [Expired] 172 173 174 175 176 177 178 179 180 181 182 Pesticide register [Expired] Regulations relating to all pesticides [Expired] Regulations relating to controlled pesticides [Expired] Interpretation [Expired] Restrictions on use of controlled pesticides [Expired] Qualiﬁcations for approved operator licence [Expired] Dealing with applications [Expired] Effect of licences [Expired] Duration of licences [Expired] Variation of terms and conditions of licences [Expired] Register of approved operators
 [Expired] Part 13 Transitional provisions—toxic substances [Expired] Interpretation [Expired] Application of this Part [Expired] 183 184 184A Protection of information [Expired] Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Restrictions on sales of deadly poisons and dangerous poisons [Expired] Sale and packing of poisons [Expired] Further
 restrictions on sale of poisons [Expired] Containers [Expired] Custody of poisons and harmful substances [Expired] Storage of poisons and harmful substances [Expired] Packing of poisons and harmful substances [Expired] Restriction on possession and use of deadly poisons and dangerous poisons [Expired] Control of advertisements [Expired] Disposal of surplus poisons to other user or licensee [Expired] Exemptions for pharmacists [Expired] Exemptions for veterinarians [Expired] Exemptions for certain other persons [Expired] Exemptions for agents and employees [Expired] Applications for licences [Expired] Dealing with applications [Expired] Effect of licences [Expired] Duration of licences [Expired] Records of sales [Expired] Register [Expired] Interpretation [Expired] Packing of imported toxic substances [Expired] Notice to be given of imported toxic substances [Expired] Application of toxic substances regulations [Expired] Part 14 Transitional provisions—dangerous goods [Expired] Interpretation [Expired] Application of this Part [Expired] Restrictions on storage and use of dangerous goods [Expired] Restrictions on containers [Expired] Containers of dangerous goods to be specially marked [Expired] Pumps for reselling dangerous goods [Expired] Restrictions on use of gases in balloons [Expired] Phosphorus matches [Expired] Licensing of premises for storage of dangerous goods [Expired] 212 213 213 213 213 213 213 214 214 214 214 214 215 215 215 215 215 216 216 216 216 216
Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act Provisional licences [Expired] General provisions as to licences [Expired] Renewal of licences [Expired] Continuing
 application of dangerous goods regulations [Expired] Part 15 Transitional provisions—explosives [Expired] Interpretation [Expired] Classiﬁcation of explosives [Expired] Application of this Part [Expired] Importation of explosives [Expired] Permit for importation of ﬁreworks [Expired] Licence to manufacture explosives [Expired] Factory not to be altered without consent of Authority [Expired] Fireworks not to be sold to persons under 14 years of age [Expired] Application of following sections [Expired] Explosives not to be sold without licence [Expired] Restriction on sale of ﬁreworks [Expired] Sale of explosives [Expired] Storage of explosives [Expired] Certain explosives not to be carried without consent of Authority [Expired] Licence required to carry certain explosives [Expired] Carriage of explosives in vehicles or vessels carrying passengers [Expired] Firework displays [Expired] Private storage [Expired] Conditions of licence [Expired] Public magazines [Expired] Private magazines [Expired] Private magazine not to be altered without consent [Expired] Danger buildings [Expired] Notices on danger buildings [Expired] Repairs or alterations to danger buildings [Expired] Protective clothing, etc [Expired] Employment of young persons in danger buildings [Expired] Packing and marking of explosives [Expired] Hazardous Substances and New Organisms
224 224 13 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 250 251 252 253 Handling of explosives [Expired] Abandonment or disposal of explosives [Expired] Damaged, defective, or unsafe explosives [Expired] Continuation of regulations [Expired] Part 16 Transitional provisions—new organisms [Expired] Animals [Expired] 254 255 256 257 Animals [Expired] Zoological gardens [Expired] Hamsters [Expired] Approvals for genetically modiﬁed organisms [Expired] Plants [Expired] Import permits [Expired] 258 259 Micro­organisms lawfully
 in use [Expired] 224 225 225 225 225 226 226 226 226 227 14 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 1AA Stockholm Convention on Persistent Organic Pollutants Annex A ELIMINATION Annex B RESTRICTION Annex C UNINTENTIONAL PRODUCTION Annex D INFORMATION REQUIREMENTS AND SCREENING CRITERIA Annex E INFORMATION REQUIREMENTS FOR THE RISK PROFILE Annex F INFORMATION ON SOCIO­ECONOMIC CONSIDERATIONS Schedule 1 Provisions relating to Environmental Risk Management Authority Schedule 2 Prohibited new organisms Schedule 2A Persistent organic pollutants Schedule 3 227 258 262 266 271 273 274 275 281 283 284 15 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Schedule 4 Enactments amended Schedule 5 Enactments repealed Schedule 6 Regulations and orders revoked Schedule 7 List of substances relevant to transitional provisions [Expired] 291 307 310 311 An Act to restate and reform the law relating to the management of hazardous substances and new organisms BE IT ENACTED by the Parliament of New Zealand as follows: Short Title and commencement This Act may be cited as the Hazardous Substances and New Organisms Act 1996.
This Act shall come into force on a date to be ﬁxed by the Governor­General by Order in Council; and one or more Orders in Council may be made ﬁxing different dates for different provisions and for different purposes.
Part 1 Preliminary Interpretation In this Act, unless the context otherwise requires,— Advertisement means any publication to the community or to any section of the community of any words, whether written or printed, spoken, or in any electronic form, or of any pictorial representation or design or device, used to promote the sale of any hazardous substance; and to advertise has a correspond­ ing meaning Aerodrome has the same meaning as in section 2 of the Civil Aviation Act 1990 1 (1) (2) 2 (1) 16 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 Aircraft has the same meaning as in section 2 of the Civil Aviation Act 1990 Amenity values means those natural or physical qualities and characteristics of an area that contribute to people’s apprecia­ tion of its pleasantness, aesthetic coherence, and cultural and recreational attributes approved form means a form approved by the Authority under section 11(fa) Approved form: this deﬁnition was inserted, as from 31 December 2000, by section 3(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
Authority means the Environmental Risk Management Au­ thority established under section 14 of this Act Bioaccumulation means accumulation within the tissues of living organisms Building has the same meaning as in section 3 of the Building Act 1991 By­product means an incidental or secondary product made in the manufacture of another product Carrier, in relation to a craft, means the owner or charterer of the craft; and, where the owner or charterer is not in New Zealand, includes the agent in New Zealand of the owner or charterer or, if there is no such agent in New Zealand, the person in charge Code of practice means any document issued or approved in accordance with section 78 of this Act Compound means any chemical combination of chemical elements conditional release approval means an approval under sec­ tion 38C conditional release approval: this deﬁnition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
conditionally released new organism means a new organism that is subject to a conditional release approval conditionally released new organism: this deﬁnition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
17 Part 1 s 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Container means any vessel or structure, whether move­ able or ﬁxed, in which hazardous substances may be cased, covered, enclosed, contained, or packed; and— (a) Includes,— (i) Any vessel (other than part of a vehicle’s fuel sys­ tem) which forms an integral part of any vehicle; and (ii) Any stationary container; and (iii) Any package; (b) Does not include any landﬁll: Containment means restricting an organism or substance to a secure location or facility to prevent escape; and includes, in respect of genetically modiﬁed organisms, ﬁeld testing and large scale fermentation Containment facility means,— (a) In relation to new organisms (other than genetically modiﬁed organisms), a facility registered as a contain­ ment facility under the Biosecurity Act 1993: In relation to genetically modiﬁed organisms, a facil­ ity which complies with the controls imposed by an ap­ proval granted under any of sections 42, 42A, 42B, or 45: (b) Containment facility: this deﬁnition was amended, as from 30 October 2003, by section 4(2) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the words “any of sections 42, 42A, 42B, or 45” for the words “section 42 or 45 of this Act”.
containment structure means a containment facility that is a vehicle, room, building, or other structure, set aside and equipped for the development of genetically modiﬁed organ­ isms this deﬁnition was inserted, as from 28 May 2002, containment structure: by section 5 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13).
See section 10 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13) for the transitional provision.
Controller means the person for the time being in charge of a location or facility Controls means any obligations or restrictions imposed on any hazardous substance or new organism, or on any person in re­ lation to any hazardous substance or new organism, by this or 18 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 any other Act or any regulations, rules, codes, or other docu­ ments made in accordance with the provisions of this or any other Act for the purposes of controlling the adverse effects of that substance or organism on people or the environment Customs ofﬁcer means any person holding ofﬁce as an ofﬁcer of Customs under the Customs Act 1966 Craft means any form of aircraft, ship, or other vehicle or ves­ sel capable of being used to transport any substance to or from New Zealand from or to any country outside New Zealand Crown entity — (a) has the same meaning as in section 7(1) of the Crown Entities Act 2004; and includes an organisation named or described in Sched­ ule 4 of the Public Finance Act 1989.
(b) Crown entity: this deﬁnition was inserted, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113).
department has the same meaning as in section 2 of the State Sector Act 1988 develop,— (a) in relation to organisms other than incidentally imported new organisms,— (i) means— (A) (B) genetic modiﬁcation of an organism: regeneration of a new organism from bio­ logical material of the organism that can­ not, without human intervention, be used to reproduce the organism: fermentation of a micro­organism that is a new organism; but does not include ﬁeld testing; and (C) (ii) in relation to incidentally imported new organisms,— (i) (b) means— (A) (B) the activities referred to in paragraph (a)(i); and the deliberate isolation, aggregation, mul­ tiplication, or other use of the organism; but (ii) does not include ﬁeld testing 19 Part 1 s 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Disposal means,— (a) In relation to a hazardous substance,— (i) Treating the substance in such a way that it is no longer a hazardous substance; or (ii) Discharging the substance into the environment as waste; or (iii) Exporting the substance as waste from New Zealand: (b) In relation to a new organism,— (i) Rendering the organism biologically inactive in such a manner as to prevent the occurrence of any future biological activity; or Exporting the organism from New Zealand: (ii) Distribution system has the same meaning as in section 2 of the Gas Act 1992 Ecotoxic means capable of causing ill health, injury, or death to any living organism Effect includes— (a) (b) Any positive or adverse effect; and (c)
 Any temporary or permanent effect; and (d) Any past, present, or future effects; and Any acute or chronic effect; and (e) Any cumulative effect which arises over time or in com­ (f) bination with other effects: Any potential or probable effect; and Enforcement ofﬁcer means an enforcement ofﬁcer appointed under section 98 or section 99(3) of this Act Environment includes— (a) Ecosystems and their constituent parts, people and communities; and including (b) All natural and physical resources; and (c) (d)
 Amenity values; and The social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) of this deﬁnition or which are affected by those matters: environmental medium,— (a) in relation to class 6 substances, means— (i) air, water, and soil; or 20 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 (ii) a surface that a hazardous substance may be de­ posited onto: (b) in relation to class 9 substances, means water, soil, or sediment where these are in the natural environment, or a surface that a hazardous substance may be deposited onto environmental medium: this deﬁnition was inserted, as from 22 December 2005, by section 3(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
Environmental user charge means an amount of money payable per unit mass of a hazardous substance environmentally sound disposal, in relation to a substance that is a persistent organic pollutant, means disposal in accord­ ance with directions given by the Authority by notice in the Gazette, being directions that are not inconsistent with Article 6 of the Stockholm Convention environmentally sound disposal: this deﬁnition was inserted, as from 23 December 2004, by section 4 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
Explosive means capable of sudden expansion owing to a re­ lease of internal energy; and includes the capability to gener­ ate— (a) (b) and explosion has a corresponding meaning Exportation has the same meaning as in section 2 of the Cus­ toms Act 1966; and to export has a corresponding meaning exposure limit means an environmental exposure limit, a tol­ erable exposure limit, or a workplace exposure standard (as these terms are deﬁned in section 77B(6)) exposure limit: this deﬁnition was inserted, as from 22 December 2005, by sec­ tion 3(1) Hazardous Substances and New Organisms (Approvals and Enforce­ ment) Amendment Act 2005 (2005 No 123).
Field test means, in relation to an organism, the carrying on of trials on the effects of the organism under conditions similar to those of the environment into which the organism is likely to be released, but from which the organism, or any heritable Deﬂagration; or Pyrotechnic effects,— 21 Part 1 s 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 material arising from it, could be retrieved or destroyed at the end of the trials Field test: this deﬁnition was amended, as from 30 October 2003, by section 4(4) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by omitting the words “; and includes large­scale fermentation of mi­ croorganisms”.
Firework means an object containing small quantities of haz­ ardous substances with explosive properties enclosed in a case of paper or similar material of such a strength, construction, and character that the ignition or explosion of one such ﬁre­ work will not cause the explosion en masse of similar ﬁre­ works kept or carried with it, and whose sole or principal ef­ fect is not percussive or vertical or horizontal ﬂight Gas appliance has the same meaning as in section 2 of the Gas Act 1992 Gas installation has the same meaning as in section 2 of the Gas Act 1992 genetic element, in relation to a new organism, means— (a) (b) heritable material; and any genes, nucleic acids, or other molecules from the organism that can, without human intervention, repli­ cate in a biological system and transfer a character or trait to another organism or to subsequent generations of the organism genetic element: this deﬁnition was inserted, as from 28 May 2002, by section 5 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13).
See section (Genetically Modiﬁed 10 Hazardous Substances and New Organisms Organisms) Amendment Act 2002 (2002 No 13) for the transitional provision.
Genetically modiﬁed organism means, unless expressly pro­ vided otherwise by regulations, any organism in which any of the genes or other genetic material— (a) Have been modiﬁed by in vitro techniques; or (b) Are inherited or otherwise derived, through any number of replications, from any genes or other genetic material which has been modiﬁed by in vitro techniques: Hazard classiﬁcation means a combination of the hazardous property of a substance and the level or type of hazard related to that property prescribed in accordance with section 74 of this Act 22 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 Hazardous substance means, unless expressly provided otherwise by regulations, any substance— (a) With one or more of the following intrinsic properties: Toxicity (including chronic toxicity): (i) Explosiveness: Flammability: (ii) (iii) A capacity to oxidise: (iv) Corrosiveness: (v) (vi) Ecotoxicity, with or without bioaccumulation; or (b) Which on contact with air or water (other than air or water where the temperature or pressure has been ar­ tiﬁcially increased or decreased) generates a substance with any one or more of the properties speciﬁed in para­ graph (a) of this deﬁnition: heritable material, in relation to a new organism, means vi­ able biological material, including gametes and spores, aris­ ing from the organism that can, without human intervention, regenerate the organism or reproduce a new generation of the same species of the organism heritable material: this deﬁnition was inserted, as from 28 May 2002, by section 5 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13).
See section 10 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13) for the transitional provision.

host organism means an organism that is the subject of a ge­ netic modiﬁcation procedure host organism: this deﬁnition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
human cells — (a) means human cells, human cell lines, or human tissues that are being grown or maintained outside the human body; and includes human reproductive cells or human embryonic cells that are being grown or maintained outside the human body (b) human cells: this deﬁnition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
23 Part 1 s 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Identiﬁcation means the provision of any information about a substance or organism which— (a) Clearly identiﬁes the chemical or biological nature of the substance or organism: Speciﬁes the nature and degree or type of hazard intrin­ sic to the substance or organism: Describes precautions to be taken by persons managing hazardous substances to avoid injury to people or envir­ onmental damage: (b) (c) (d) Directly or indirectly aids in managing any hazardous (e) effect of a hazardous substance: Identiﬁes and speciﬁes the means of contacting any per­ son knowledgeable in the management of the substance: Import, in relation to new organisms, has the same meaning as in section 2(1) of the Biosecurity Act 1993 Importation, in relation to hazardous substances, has the same meaning as in section 47 of the Customs Act 1966; and to import, in relation to those substances, has a corresponding meaning incidentally imported new organism means a new organism that is imported in or on goods, but is not— (a) (b) an essential or constituent part of those goods: imported in or on the goods with the intention of con­ cealing the presence of the new organism: a genetically modiﬁed organism (c) Inseparable organism means any organism which is unable to be separated from any other organism Intrinsic values, in relation to ecosystems, means those as­ pects of ecosystems and their constituent parts which have value in their own right,
 including— (a) (b) Their biological and genetic diversity; and The essential characteristics that determine an ecosys­ tem’s integrity, form, functioning, and resilience: laboratory means a vehicle, room, building, or any other structure set aside and equipped for scientiﬁc experiments or research, for teaching science, or for the development of chemical or medicinal products Laboratory: this deﬁnition was inserted, as from 31 December 2000, by section 3(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 24 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 No 89).
See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
Landﬁll means any premises used for the lawful deposit or disposal of waste materials into or onto land Lifecycle, in relation to a substance, means the time for which the substance is in existence from (and including) its manufac­ ture or importation to its disposal light rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005 light rail vehicle: this deﬁnition was inserted, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37).
See sections 105 to 111 of that Act as to the transitional provisions.

local authority means a territorial authority or a regional council local authority: this deﬁnition was inserted, as from 22 December 2005, by section 3(1) Hazardous Substances and New Organisms (Approvals and En­ forcement) Amendment Act 2005 (2005 No 123).
Manufacture, in relation to a hazardous substance, includes the mining or extraction of any hazardous substance Member means a member of the Authority Minister means the Minister for the Environment Motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998 Motor vehicle: this deﬁnition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words “the Land Transport Act 1998” for the words “the Transport Act 1962”.
Natural and physical resources has the same meaning as in section 2(1) of the Resource Management Act 1991 New organism has the meaning given to it by section 2A New Organism: this deﬁnition was substituted, as from 7 May 1999, by section 2(1) Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).
Organism— (a) (ab) (b) (c) does not include a human being: includes a human cell: Includes a micro­organism: Includes a genetic structure, other than a human cell, that is capable of replicating itself, whether that struc­ ture comprises all or only part of an entity, and whether 25 Part 1 s 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 it comprises all or only part of the total genetic structure of an entity: Includes an entity (other than a human being) declared to be an organism for the purposes of the Biosecurity Act 1993: Includes a reproductive cell or developmental stage of an organism: (d) (e) Organism: paragraph (a) of this deﬁnition was substituted, as from 30 October 2003, by section 4(5) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Organism: paragraph (ab) of this deﬁnition was inserted, as from 30 October 2003, by section 4(5) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Organism: paragraph (c) of this deﬁnition was amended, as from 30 October 2003, by section 4(6) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the words “other than a human cell” for the words “other than a genetic structure derived from a human being”.
persistent organic pollutant— (a) means a substance listed in Schedule 2A; and (b) includes a substance containing 1 or more of those sub­ stances; but does not include a substance occurring in quantities as unintentional trace contaminants in products and art­ icles (c) persistent organic pollutant: this deﬁnition was inserted, as from 23 December 2004, by section 4 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).

Person includes the Crown Place of work has the same meaning as in section 2(1) and (3) of the Health and Safety in Employment Act 1992 Place of work: this deﬁnition was amended, as from 5 May 2003, by section 34 Health and Safety in Employment Amendment Act 2002 (2002 No 86) by inserting the expression “and (2A)” after the expression “2(1)”.
Place of work: this deﬁnition was amended, as from 24 March 2004, by sec­ tion 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7) by substituting the expression “(3)” for the expression “(2A)”.
Port of entry has the same meaning as in the Customs Act 1966 26 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 premises includes a dwelling, building, aircraft, ship, car­ riage, vehicle, box, receptacle, and place Premises: this deﬁnition was substituted, as from 31 December 2000, by section 3(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

prescribed means prescribed by regulations made under this Act prescribed: this deﬁnition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Public health has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 Public health: this deﬁnition was substituted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
public notice means— (a) a method determined by the Authority under section 53A; or if section 53A does not apply or no method has been de­ termined under that section, a notice published in 1 or more daily newspapers circulating in the main metro­ politan areas together with such other public notice (if any) as the Authority or Minister thinks ﬁt (b) Public notice: this deﬁnition was substituted, as from 31 December 2000, by section 3(3) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

qualifying medicine means a medicine or new medicine (as deﬁned in section 3 of the Medicines Act 1981) that— (a) is or contains a new organism; and (b) meets the criteria set out in section 38I(3) qualifying medicine: this deﬁnition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
qualifying organism means a new organism that is or is contained in a qualifying medicine or qualifying veterinary medicine qualifying organism: this deﬁnition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
27 Part 1 s 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 qualifying veterinary medicine means a veterinary medicine (as deﬁned in section 2(1) of the Agricultural Compounds and Veterinary Medicines Act 1997) that— (a) is or contains a new organism; and (b) meets the criteria set out in section 38I(3) qualifying veterinary medicine: this deﬁnition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005 Rail service vehicle and light rail vehicle: these deﬁnitions were substituted, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37).

See sections 105 to 111 of that Act as to the transitional provisions.
Railway line has the same meaning as in section 4(1) of the Railways Act 2005 Railway line: this deﬁnition was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by substituting the words “section 4(1) of the Railways Act 2005” for the words “section 2(1) of the Transport Services Licensing Act 1989”.

See sections 105 to 111 of that Act as to the transitional provisions.
regional council means a regional council within the meaning of the Local Government Act 2002 regional council: this deﬁnition was inserted, as from 22 December 2005, by section 3(1) Hazardous Substances and New Organisms (Approvals and En­ forcement) Amendment Act 2005 (2005 No 123).
Regulations means regulations in force under this Act Release, in relation to new organisms, means to allow the or­ ganism to move within New Zealand free of any restrictions other than those imposed in accordance with the Biosecurity Act 1993 or the Conservation Act 1987 research and development[Repealed] Research and development: this deﬁnition was inserted, as from 31 Decem­ ber 2000, by section 3(1) Hazardous Substances and New Organisms Amend­ ment Act 2000 (2000 No 89).
See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

Research and development: this deﬁnition was repealed, as from 22 December 2005, by section 3(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
[Repealed] 28 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 research and development, in relation to a hazardous sub­ stance, means systematic investigation or experimentation ac­ tivities that involve the hazardous substance research and development, in relation to a hazardous substance: this deﬁnition was inserted, as from 22 December 2005, by section 3(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
responsible chief executive means the chief executive of the Authority and the chief executive of the department for the time being responsible for the administration of the Medicines Act 1981 or the Agricultural Compounds and Veterinary Medicines Act 1997, as the case may be responsible chief executive: this deﬁnition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Risk species means any species, subspecies, infrasubspecies, variety, strain, or cultivar prescribed as a risk species under section 140 of this Act Road has the same meaning as in section 2(1) of the Land Transport Act 1998 Road: this deﬁnition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words “the Land Transport Act 1998” for the words “the Transport Act 1962”.
Serious harm has the same meaning as in Schedule 1 to the Health and Safety in Employment Act 1992 Serious environmental damage means any environmental damage prescribed under section 140 of this Act Ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994 Stationary container means any building or part of a build­ ing, or vessel supported by or incorporated in any building, which is expressly designed to contain any hazardous sub­ stance Stockholm Convention— (a) means the Convention on Persistent Organic Pollutants done at Stockholm on 23 May 2001 and the Annexes to the Convention, a copy of the English text of which is set out in Schedule 1AA; and 29 Part 1 s 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (b) includes any amendments to, or substitutions of, the Convention or the Annexes that are, or will become, binding on New Zealand.
Stockholm Convention: this deﬁnition was inserted, as from 23 December 2004, by section 4 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
Substance means— (a) Any element, deﬁned mixture of elements, compounds, or deﬁned mixture of compounds, either naturally occurring or produced synthetically, or any mixtures thereof: (b) Any isotope, allotrope, isomer, congener, radical, or ion of an element or compound which has been declared by the Authority, by notice in the Gazette, to be a different substance from that element or compound: Any mixtures or combinations of any of the above: (c) (d) Any manufactured article containing, incorporating, or including any hazardous substance with explosive prop­ erties: taxonomic classiﬁcation, in relation to an organism, means the genus, species, subspecies, infrasubspecies, variety, strain, cultivar, or other appropriate classiﬁcation that the organism belongs to taxonomic classiﬁcation: this deﬁnition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
territorial authority means a territorial authority within the meaning of the Local Government Act 2002 Territorial authority: this deﬁnition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84).

See sections 273 to 314 of that Act as to the savings and transitional provisions.
Test certiﬁcate means a certiﬁcate issued by a test certiﬁer in accordance with section 82 Test certiﬁcate: this deﬁnition was substituted, as from 7 May 1999, by section 2(1) Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).
Toxic means capable of causing ill­health in, or injury to, human beings 30 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 Tracking system means a system established under regula­ tions made under section 76 of this Act Transferable permit means any permit to import or manufac­ ture a hazardous substance issued in accordance with a trans­ ferable permit scheme Transferable permit scheme means any scheme established in accordance with section 87 of this Act Transhipment means the importation into New Zealand of a hazardous substance or new organism solely for the purpose of export within 20 working days to another destination outside New Zealand Treaty of Waitangi (Te Tiriti o Waitangi) has the same meaning as the word Treaty as deﬁned in section 2 of the Treaty of Waitangi Act 1975 Weapons system means any ammunition, explosive, or pro­ pellant; and includes any platform designed to carry any com­ bination thereof Working day means any day except— (a) A Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and (b) A day in the period commencing on the 20th day of December in any year and ending with the 15th day of January in the following year.
For the purposes of paragraph (a) of the deﬁnition of the term substance in section 2(1) of this Act, the deﬁnition of any mixture of elements or mixture of compounds may include a range of percentages of the elements or compounds making up the substance.

inserted, on 9 April 2008, by section 4(2) of the Section 2(1) department: Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).
Section 2(1) develop: substituted, on 9 April 2008, by section 4(1) of the Haz­ ardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

develop: this deﬁnition was substituted, as from 30 October 2003, by section 4(3) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2(1) incidentally imported new organism: inserted, on 9 April 2008, by section 4(2) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).
31 (2) Part 1 s 2A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 2A Meaning of term new organism (1) A new organism is— (a) An organism belonging to a species that was not present in New Zealand immediately before 29 July 1998: (b) An organism belonging to a species, subspecies, infra­ subspecies, variety, strain, or cultivar prescribed as a risk species, where that organism was not present in New Zealand at the time of promulgation of the rele­ vant regulation: An organism for which a containment approval has been given under this Act: an organism for which a conditional release approval has been given: a qualifying organism approved for release with con­ trols: (cb) (ca) (c) (d) A genetically modiﬁed organism: (e) An organism that belongs to a species, subspecies, in­ frasubspecies, variety, strain, or cultivar that has been eradicated from New Zealand.
(2) An organism is not a new organism if— the organism is not a genetically modiﬁed organism and— (i) an approval is granted under section 38 to release an organism of the same taxonomic classiﬁca­ tion; or the organism is a qualifying organism and an ap­ proval has been granted under section 38I to re­ lease an organism of the same taxonomic classi­ ﬁcation without controls; or an organism of the same taxonomic classiﬁcation has been prescribed as not a new organism; or (ii) (iii) the organism is a genetically modiﬁed organism and— an approval is granted under section 38 to release (i) an organism of the same taxonomic classiﬁcation with the same genetic modiﬁcation; or the organism is a qualifying organism and an ap­ proval has been granted under section 38I to re­ lease an organism of the same taxonomic classi­ (ii) (a) (b) 32 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 1 s 3 (c) (iii) ﬁcation with the same genetic modiﬁcation with­ out controls; or an organism of the same taxonomic classiﬁcation with the same genetic modiﬁcation has been pre­ scribed as not a new organism; or the new organism was deemed to be a new organism under section 255 and other organisms of the same taxonomic classiﬁcation were lawfully present in New Zealand before the commencement of that section and in a place that was not registered as a circus or zoo under the Zoological Gardens Regulations 1977.
(2A) A new organism does not cease to be a new organism be­ cause— (a) (b) (c) it is subject to a conditional release approval; or it is a qualifying organism approved for release with controls; or it is an incidentally imported new organism.

(3) Despite the provisions of this section, an organism present in New Zealand before 29 July 1998 in contravention of the Ani­ mals Act 1967 or the Plants Act 1970 is a new organism.
Subsection (3) does not apply to the organism known as rabbit haemorrhagic disease virus, or rabbit calicivirus.

Section 2A was inserted, as from 7 May 1999, by section 3 Hazardous Sub­ stances and New Organisms Amendment Act 1999 (1999 No 35).

(4) Subsection (1)(ca) and (cb) was inserted, as from 30 October 2003, by section 5(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Subsection (2) was substituted, as from 30 October 2003, by section 5(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Subsection (2A) was inserted, as from 30 October 2003, by section 5(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2A(2A)(b): amended, on 9 April 2008, by section 5(1) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).
Section 2A(2A)(c): added, on 9 April 2008, by section 5(2) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

3 (1) Act to bind the Crown Except as provided in subsections (2) to (8) of this section, this Act shall bind the Crown.

33 Part 1 s 3 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Subject to subsections (3) to (8) of this section, this Act shall not apply to any hazardous substance controlled by the Minis­ ter of Defence.
The Chief of Defence Force shall develop codes of practice for hazardous substances controlled by the Minister of Defence and contained in any weapons system.
The codes of practice developed under subsection (3)— (a) must— (i) be based on the relevant controls (including any group standard conditions) imposed by the Au­ thority on hazardous substances that have been approved by the Authority (including a deemed approval under section 96E or section 160A) for any purpose under this Act; or (ii) meet the relevant requirements prescribed by regulations made in accordance with section 75; and (b) may incorporate or adapt any relevant international code of practice.
The Chief of Defence Force— (a) must ensure that methods of controlling all hazardous substances not contained in any weapons system and controlled by the Minister of Defence— (i) are based on the relevant controls (including any group standard conditions) imposed by the Au­ thority on hazardous substances that have been approved by the Authority (including a deemed approval under section 96E or section 160A) for any purpose under this Act; or (ii) meet the relevant requirements prescribed by regulations made in accordance with section 75; and (b) may comply with the relevant requirements in para­ graph (a) by following the relevant code of practice ap­ proved under section 79.
The Secretary of Defence shall audit the controls on hazardous substances under the control of the Minister of Defence in ac­ cordance with section 24(2)(e) of the Defence Act 1990, and report the results to the Minister and the Minister of Defence.
(2) (3) (4) (5) (6) 34 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 2 s 4 (7) Any person may report to the Authority a breach of the re­ quirements required to be met by any regulations in relation to hazardous substances under the control of the Minister of Defence.
(8) Where an incident occurs which involves any hazardous substance under the control of the Minister of Defence and the incident is not being investigated under the Armed Forces Discipline Act 1971, the Authority may, after consultation with the Minister and the Minister of the Crown who is responsible for the Ministry of Justice, direct an inquiry to be held before a District Court Judge.
To assist the Judge, the Authority may appoint 2 or more people with skills or knowledge relevant to the subject­matter of the inquiry.

(9) (10) The Judge may hold the inquiry at any times and places the Judge appoints, and shall report on the cause of the incident to the Authority.

(11) The Judge has all the powers of a Commission of Inquiry under the Commissions of Inquiry Act 1908; and subject to subsec­ tions (9) and (10) of this section, that Act shall apply accord­ ingly.
Subsections (4) and (5) were substituted, as from 22 December 2005, by sec­ tion 4 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
Subsection (8) was amended, as from 1 October 2003, by section 12(2) State Sector Amendment Act 2003 (2003 No 41) by substituting the words “the Min­ ister of the Crown who is responsible for the Ministry of Justice” for the words “the Minister of Justice and the Minister of the Crown who is responsible for the Department for Courts”.
Part 2 Purpose of Act 4 Purpose of Act The purpose of this Act is to protect the environment, and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms.
35 Part 2 s 5 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Principles relevant to purpose of Act All persons exercising functions, powers, and duties under this Act shall, to achieve the purpose of this Act, recognise and provide for the following principles: (a) The safeguarding of the life­supporting capacity of air, water, soil, and ecosystems: The maintenance and enhancement of the capacity of people and communities to provide for their own eco­ nomic, social, and cultural wellbeing and for the rea­ sonably foreseeable needs of future generations.
(b) Matters relevant to purpose of Act All persons exercising functions, powers, and duties under this Act shall, to achieve the purpose of this Act, take into account the following matters: (a) The sustainability of all native and valued introduced ﬂora and fauna: The intrinsic value of ecosystems: Public health: The relationship of Maori and their culture and trad­ itions with their ancestral lands, water, sites, waahi tapu, valued ﬂora and fauna, and other taonga: the economic and related beneﬁts and costs of using a particular hazardous substance or new organism.
New Zealand’s international obligations.

(f) Paragraph (e) was substituted, as from 30 October 2003, by section 6 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(b) (c) (d) (e) Precautionary approach All persons exercising functions, powers, and duties under this Act, including but not limited to, functions, powers, and duties under sections 28A, 29, 32, 38, 45, and 48 of this Act, shall take into account the need for caution in managing adverse effects where there is scientiﬁc and technical uncertainty about those effects.
Section 7 was amended, as from 31 December 2000, by section 4 Haz­ ardous Substances and New Organisms Amendment Act 2000 (2000 No 89), by inserting the expression “28A” after the word “sections”.

See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
5 6 7 36 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 2 s 9 8 9 (1) (2) Treaty of Waitangi All persons exercising powers and functions under this Act shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).
Methodology to be used The Governor­General may from time to time, by Order in Council, establish a methodology (which includes an assess­ ment of monetary and non­monetary costs and beneﬁts) for making decisions under Part 5 of this Act; and the Authority shall consistently apply that methodology when making such decisions.
Before making any recommendation for the purpose of mak­ ing any Order in Council under subsection (1) of this section, the Minister shall request the Authority to— Develop a proposed methodology; and (a) Establish a process that the Minister considers gives the (b) public adequate time and opportunity to make submis­ sions on the proposed methodology to the Authority; and Advise the Minister of any submissions received, and any comments the Authority wishes to make on the sub­ missions, or the proposed methodology,— (c) and the Minister shall have regard to those submissions and comments.
(3) A failure to comply with subsection (2) of this section shall not affect the validity of any Order in Council made under subsection (1) of this section.

(4) Notwithstanding section 59 of this Act, the Authority shall not proceed to determine any application made under Part 5 of this Act until an Order in Council has been made under subsection (1) of this section.
(5) No decision of the Authority under Part 5 of this Act shall be challenged on the adequacy or otherwise of the methodology developed and applied under subsection (1) of this section.
37 Part 3 s 10 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Part 3 Powers, functions, and duties 10 (1) Powers, functions, and duties of Minister The Minister may— (a) (b) Decide any application made under this Act in accord­ ance with the provisions of sections 68 to 73 inclusive of this Act: Carry out any powers, functions, and duties conferred on the Minister by or under this Act.

(c) (d) Subsection (1)(c) and (d) apply despite section 113 of the Crown Entities Act 2004.
This section does not limit section 27 of the Crown Entities Act 2004.

Paragraph (c) was amended, as from 7 May 1999, by section 15(a) Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by omit­ ting the expression “sections 28, 31, 34,39, and 47 of”.

Paragraphs (a) and (b) were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subsections (2) and (3) were inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Powers, functions, and duties of Authority The Authority may— (a) (ii) Advise the Minister on any matter relating to the pur­ pose of this Act, including, but not limited to,— (i) The extent to which persons are complying with the provisions of this Act: Inconsistencies or conﬂicts between any controls placed on hazardous substances and new organ­ isms under this Act and any controls placed on any hazardous substance and new organisms under any other Act: (iii) The consideration and investigation of the use of environmental user charges in accordance with section 96 of this Act: (b) Monitor and review— (2) (3) 11 (1) 38 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 3 s 11 (i) (f) (c) (e) (d) (ii) The extent to which the Act reduces adverse ef­ fects on the environment or people from haz­ ardous substances or new organisms: The enforcement of this Act including, but not limited to, the exercise of any power under sec­ tion 103 of this Act by any enforcement ofﬁcer: Promote awareness of the adverse effects of hazardous substances and new organisms on people or the envir­ onment and awareness of the prevention or safe man­ agement of those effects: Contribute to and cooperate with international forums and carry out international requirements as directed by the Minister: Enquire into any incident or emergency involving a haz­ ardous substance or a new organism: Keep such registers relating to hazardous substances and new organisms as may be required by this Act or as may be necessary to administer this Act: approve forms for applications under Part 5: give directions as to the disposal of persistent organic pollutants: approve standards for containment facilities: Carry out any powers, functions, and duties conferred on it by or under this Act or any other enactment.
The Authority must, before exercising the function speciﬁed in subsection (1)(fb), consult the persons whom the Authority considers are representative of the classes of person who are likely to have an interest in the standards.

This section does not limit section 17 of the Crown Entities Act 2004.

Subsection (1)(fa) was inserted, as from 31 December 2000, by section 5 Haz­ ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

(fa) (fb) (fc) (g) A second paragraph (fb) was inserted, as from 23 December 2004, by section 5 Hazardous Substances and New Organisms (Stockholm Convention) Amend­ ment Act 2003 (2003 No 37).

See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
39 (2) (3) Part 3 s 12 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Section 11(1)(fc): inserted, as section 11(1)(fb), on 30 October 2003, by section 7(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 11(1)(fc) paragraph number: substituted, on 20 September 2007, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2007 (2007 No 61).
Subsection (2) was inserted, as from 30 October 2003, by section 7(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Subsection 11(3): inserted, as section 11(2), on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 11(3) subsection number: substituted, on 20 September 2007, by sec­ tion 4(2) of the Hazardous Substances and New Organisms Amendment Act 2007 (2007 No 61).
Powers, functions, and duties of enforcement ofﬁcers Any enforcement ofﬁcer may, in relation to the powers, func­ tions, and duties speciﬁed in the enforcement ofﬁcer’s warrant of appointment,— (a) Give advice and information on the provisions of this Act: Promote and monitor compliance with the provisions of this Act: Provide information to the Authority if requested to do so by the Authority: Carry out any powers, functions, and duties conferred on enforcement ofﬁcers by or under this Act.
(b) (c) (d) General duty Every person who imports, possesses, or uses a hazardous sub­ stance or new organism shall ensure that— (a) Any adverse effect caused by an act or omission of that person in relation to that substance or organism on any other person or the environment is avoided, remedied, or mitigated; and (b) No action or omission by that person will contravene any requirement or control on that substance or organ­ ism imposed by this Act.
The duty imposed in accordance with subsection (1) of this section is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.
12 13 (1) (2) 40 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 4 s 16 (3) Notwithstanding subsection (2) of this section, a compliance order may be served on any person requiring that person to cease or prohibiting that person from commencing anything done or to be done by or on behalf of that person that in the opinion of the enforcement ofﬁcer relates to any hazardous substance or new organism and is or is likely to be dangerous to such an extent that it has or is likely to have an adverse effect on the health and safety of people or the environment.
Part 4 Environmental Risk Management Authority 14 (1) (2) (3) Establishment of Authority There is hereby established an Authority to be called the En­ vironmental Risk Management Authority.

The Authority is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

The Crown Entities Act 2004 applies to the Authority except to the extent that this Act expressly provides otherwise.
Subsections (2) and (3) were substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

15 Membership of Authority (1) The Authority must have no fewer than 6, and no more than 8, members.

(2) Members of the Authority are the board for the purposes of the Crown Entities Act 2004.

(3) Members of the Authority hold ofﬁce for 5 years or any shorter (4) period stated in the notice of appointment.

Subsection (3) applies despite section 32(1)(a) of the Crown Entities Act 2004.
Subsection 15 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

16 Eligibility for appointment as member of Authority (1) When considering whether a person is suitable to be appointed as a member of the Authority, the Minister shall ensure that 41 Part 4 s 17 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 the membership includes a balanced mix of knowledge and experience in matters likely to come before the Authority.
In subsection (1), matters includes matters relating to the Treaty of Waitangi and tikanga Maori.

Subsection (1) does not limit section 29 of the Crown Entities Act 2004.

Subsection (2) was inserted, as from 30 October 2003, by section 8 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Subsection (3) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Restriction on Ministerial direction The Minister may not give a direction under section 104 of the Crown Entities Act 2004 that relates to the exercise of any power, duty, or function of the Authority under Part 5 or Part 6A of this Act.

Section 17 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Section 17 was amended, as from 22 December 2005, by section 5 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123) by inserting the words “or Part 6A” after the expression “Part 5”.

Further provisions applying in respect of Authority The provisions set out in Schedule 1 to this Act shall apply in respect of the Authority.
Delegation by Authority The Authority may, in writing, delegate to any person, any of the Authority’s functions, powers, or duties under this Act, on such conditions as the Authority thinks ﬁt, except— (a) (b) The ﬁxing of charges under section 21 of this Act; and Except as provided in subsection (2) of this section, any decision making power; and This power of delegation.
(c) The Authority may delegate, on such terms and conditions as the Authority thinks ﬁt,— (a) The power to conduct a rapid assessment under any of sections 35, 42, 42A, or 42B to any person, whether or not that person is a member of the Authority: (2) (3) 17 18 19 (1) (2) 42 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 4 s 19 (b) (ba) (bb) (bc) (bd) (c) (ca) The power to hear and decide any other application made under Part 5 or Part 6A of this Act to any com­ mittee appointed for that purpose in accordance with Schedule 1 to this Act.
the power to assess and approve an application under section 38I(1) for the release of a qualifying organism to the responsible chief executive: the power to determine whether a medicine or veterin­ ary medicine is a qualifying medicine or qualifying vet­ erinary medicine to the responsible chief executive: the power to review and amend controls under section 38L in relation to qualifying medicines and qualifying veterinary medicines to the responsible chief executive: the power to impose controls under section 45(2) in relation to a genetically modiﬁed human cell to which section 55 of the Hazardous Substances and New Organisms Amendment Act 2003 applies: the power to decide any application for permission or other matter under Parts 11 to 16 to— (i) any employee of the Ministry of Agriculture and Forestry, or of any person speciﬁed in section 97, with relevant experience in the subject matter of the application; or if there is no employee with that relevant experi­ ence, any other person with that relevant experi­ ence, whether or not that person is a member of the Authority: (ii) the power to grant an extension of an exemption under section 25C(2) to— (i) any employee of a person speciﬁed in section 97 with relevant experience; or if there is no employee with relevant experi­ ence, any other person with relevant experience, whether or not that person is a member of the Authority: (ii) (d) (e) the power to conduct a rapid assessment under section 28A to its chief executive: the power to hear and decide any
 application made under section 31 to its chief executive: 43 Part 4 s 19 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (f) (g) (h) the power to hear and decide an application made under section 83 for approval as a test certiﬁer to any person, whether or not that person is a member of the Authority: the power to appoint an enforcement ofﬁcer under sec­ tion 99(3)(a) to its chief executive: the power to decide any application for any permission or licence under Part 6, or the
 revocation of any permis­ sion or licence under that Part, to— (i) any employee of the Ministry of Agriculture and Forestry, any Medical Ofﬁcer of Health (as de­ ﬁned in section 2(1) of the Health Act 1956), or any employee of any person speciﬁed in section 97, or any enforcement ofﬁcer, with relevant ex­ perience in the subject matter of the application or the permission or licence; or if there is no employee or enforcement ofﬁcer with the relevant experience, any other person with the relevant experience, whether or not that person is a member of the Authority: (ii) (ha) (i) the power to revoke a test certiﬁcate for an approved ﬁller or an approved handler under section 82C to its chief executive: the power to decide any application for any licence under Part 6, or the revocation of any licence under that Part, to any test certiﬁer approved under section 84.
Every decision made in accordance with a delegation under subsection (2) of this section shall be treated in all respects as though it were a decision of the Authority.

Every person purporting to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
(3) (4) (5) A delegation under this section shall be revocable at will, and no such delegation shall prevent the performance or exercise of any function, power, or duty by the Authority.

(5A) A delegate to whom any function or power is delegated under this section may delegate the function or power only— (a) (b) with the prior written consent of the Authority; and subject to the same restrictions, and with the same ef­ fect, as if the subdelegate were the delegate.
44 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 4 s 20 (6) (7) Every delegation under subsection (2) must be available for public inspection at the ofﬁce of the Authority during ordinary ofﬁce hours.

Sections 73 to 76 of the Crown Entities Act 2004 do not apply to the Authority.
Subsection (2)(a) was amended, as from 30 October 2003, by section 9(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the words “any of sections 35, 42, 42A, or 42B” for the words “section 35 or section 42 of this Act”.

Section (2)(b) was amended, as from 22 December 2005, by section 6(1) Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123) by inserting the words “or Part 6A” after the expression “Part 5”.
Subsection (2)(ba) to (bd) was inserted, as from 30 October 2003, by section 9(2) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Subsection (2)(c), (d), (e), (f) and (g) were inserted, as from 31 December 2000, by section 6(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
Subsection (2)(ca) was inserted, as from 23 December 2004, by section 6 Haz­ ardous Substances and New Organisms (Stockholm Convention) Amendment See clause 2 Hazardous Substances and New Act 2003 (2003 No 37).

Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).

Subsection (2)(h) and (2)(i) were inserted, as from 24 March 2004, by section 4 Hazardous Substances and New Organisms (Transitional Provisions and Con­ trols) Amendment Act 2004 (2004 No 7).
Section (2)(ha) was inserted, as from 22 December 2005, by section 6(2) Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123).

Subsection (5A) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subsection (6) was inserted, as from 31 December 2000, by section 6(2) Haz­ ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

Subsection (7) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

20 (1) (2) Obligation to prepare and maintain register The Authority shall keep a register of all applications made to the Authority.
The register shall specify— (a) The name and address of the applicant: 45 Part 4 s 20A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (b) A sufﬁcient description of the substance or organism to uniquely identify that substance or organism: The purpose of the application: if applicable, the project concerned: (c) (ca) (d) Whether the application was approved or declined: (e) Any controls attached to the approval by the Author­ ity, including any associated permissions granted under section 95A and any associated licences granted under section 95B: All the controls on a hazardous substance, whether the controls are imposed under this Act or any other Act.
(f) (3) The register shall also record the details of any list of low risk organisms issued by the Authority.

(4) Any decision by the Authority to approve the importation for release or development of any organism as a low risk organism (other than an organism which is listed as a low risk organism), shall also be included in the register.

Every person shall have the right to inspect the register during the ordinary ofﬁce hours of the Authority.
Subsection (2)(ca) was inserted, as from 30 October 2003, by section 10 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

(5) Subsection (2)(e) was amended, as from 24 March 2004, by section 13 Haz­ ardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7) by inserting the words “, including any associated permissions granted under section 95A and any associated licences granted under section 95B”.
20A Register of exposure limits for substances with toxic or ecotoxic properties The Authority must keep and maintain a register of all expos­ ure limits set under this Act for substances with toxic or eco­ toxic properties.
The register must specify— (a) (b) (c) the type of exposure limit: the value of the exposure limit: the hazardous substance that the exposure limit will ap­ ply to: if the exposure limit applies to any element or com­ pound making up the hazardous substance, the element or compound that the exposure limit will apply to.
(d) (1) (2) 46 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 4 s 21 (3) 21 (1) (2) Every person has the right to inspect the register during the ordinary ofﬁce hours of the Authority.

Section 20A was inserted, as from 22 December 2005, by section 7 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
Charges The Authority may from time to time— (a) Fix the charges— (i) On a scale of charges for exercising or perform­ ing any function, power, or duty under this Act; or Based on the time involved in exercising or per­ forming any function, power, or duty under this Act— (ii) so as to recover the actual and reasonable costs incurred in the exercise of that function, power, or duty; and Specify the persons liable to pay the charge.
(b) Before any charges are ﬁxed pursuant to subsection (1) of this section, the Authority shall— (a) Publicly notify the charges it proposes to ﬁx and the persons who are liable to pay the charge; and (b) Allow such period of time as the Authority thinks ﬁt for any person who may be liable to pay the proposed charge to comment in writing to the Authority on whether or not the proposed charges are reasonable; and Consider any comments received in accordance with paragraph (b) of this subsection.
(c) (3) The Authority shall, after ﬁxing any charges in accordance with this section, publicly notify the charges.

(4) Where the Authority ﬁxes a scale of charges or a charge based on time, the Authority shall provide an estimate of the full charge payable by any person upon request by that person.
(5) Any charge payable under this section by any person in re­ spect of the completed exercise or performance of any func­ tion, power, or duty by the Authority shall, until paid in full and remitted to the Authority, constitute a debt due to the Au­ 47 Part 4 s 22 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 thority, and may be recovered in any Court of competent jur­ isdiction.
22 (1) Payments in advance The Authority may estimate the charge payable in respect of the exercise or performance of any function, power, or duty and require that estimated charge or part of that estimated charge to be paid in full before the Authority exercises or per­ forms the function, power, or duty to which that charge relates.
(2) Where the actual and reasonable costs of exercising or per­ forming any function, power, or duty,— (a) the difference Exceed the amount paid in advance, between the amount paid and the actual and reasonable costs shall be a debt and the provisions of section 21(5) of this Act shall apply: (b) Are less than the amount paid in advance, the Authority shall refund the difference between the amount paid and the actual and reasonable costs.
Fees for local authorities Any local authority may prescribe fees by bylaw or resolution in accordance with section 150 of the Local Government Act 2002 for the exercise or performance by the local authority of any power, function, or duty under this Act.

Section 23 was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84), by substituting the words “section 150 of the Local Government Act 2002” for the words “section 690A of the Local Government Act 1974”.
See sections 273 to 314 of that Act as to the savings and transitional provisions.

Section 23 was amended, as from 22 December 2005, by section 8 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123) by substituting the words “local authority” for the words “territorial authority”.
Power to request information The Authority may from time to time request any person who in the Authority’s opinion is able to give any information relat­ ing to any signiﬁcant incident or emergency or likely signiﬁ­ cant incident or emergency involving a hazardous substance or new organism which is the subject of an inquiry by the Author­ 23 24 48 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 4A s 24C ity under section 11(e) of this Act, to furnish to the Authority any such information and to produce any documents or papers or things which in the Authority’s opinion relate to any such matter and which may be in the possession or under the con­ trol of that person.
Part 4A Nga Kaihautu Tikanga Taiao Part 4A (comprising sections 24A to 24D) was inserted, as from 30 October 2003, by section 11 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

24A Establishment of Nga Kaihautu Tikanga Taiao This section establishes a committee to be called Nga Kaihautu Tikanga Taiao.

Part 4A (comprising sections 24A to 24D) was inserted, as from 30 October 2003, by section 11 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(2) 24B Function of Nga Kaihautu Tikanga Taiao (1) The function of Nga Kaihautu Tikanga Taiao is to provide ad­ vice and assistance to the Authority as sought by the Authority on matters relating to policy, process, and applications.

The advice and assistance must be given from the Maori per­ spective and come within terms of reference set by the Author­ ity for Nga Kaihautu Tikanga Taiao.
Part 4A (comprising sections 24A to 24D) was inserted, as from 30 October 2003, by section 11 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

(2) (3) 24C Appointment and remuneration of members and chair (1) The Authority must appoint not fewer than 4 and not more than 8 members of Nga Kaihautu Tikanga Taiao.

The Authority must appoint 1 of the members to be the chair­ person of Nga Kaihautu Tikanga Taiao.
The members of Nga Kaihautu Tikanga Taiao are entitled to be paid remuneration at a rate set by the Authority.

Part 4A (comprising sections 24A to 24D) was inserted, as from 30 October 2003, by section 11 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
49 Part 4A s 24D Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 24D Review of terms of reference The Authority must, at intervals of not more than 3 years, re­ view the terms of reference set by it for Nga Kaihautu Tikanga Taiao.

Part 4A (comprising sections 24A to 24D) was inserted, as from 30 October 2003, by section 11 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Part 5 Assessment of hazardous substances and new organisms Prohibition of import, etc, and types of approval 25AA This Part subject to Part 5A [Repealed] Section 25AA was inserted, as from 28 May 2002, by section 6 Hazardous Sub­ stances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13).

Section 25AA was repealed, as from 30 October 2003, by section 13(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
25 Restriction of import, manufacture, development, ﬁeld testing, or release (1) No— (a) Hazardous substance shall be imported, or manufac­ tured: (b) New organism shall be imported, developed, ﬁeld tested, or released— otherwise than in accordance with an approval issued under this Act or in accordance with Parts 11 to 16 of this Act.
(1A) Subsection (1)(b) does not apply to— (a) (b) the importation of an incidentally imported new organ­ ism, if it is imported in or on goods lawfully imported under the Biosecurity Act 1993; or the movement or use of those goods, together with any new organisms incidentally imported while they remain in or on those goods, after their importation.
(1B) The department responsible for administering the Biosecurity Act 1993 or its agents, and any other departments recognised 50 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 25 by the responsible Minister under section 101(2) of that Act or their agents may, despite subsection (1)(b), isolate, aggre­ gate, multiply, or use an incidentally imported new organism for the purpose of identifying, managing, or eradicating that organism.
(2) No approval shall be issued to import, develop, ﬁeld test, or (3) (4) (5) release any new organism speciﬁed in Schedule 2.

If an organism has a conditional release approval, no further approvals are required for the conditional release of the organ­ ism on the same conditions.

If an organism has an approval for importation into contain­ ment, no further approvals are required for the importation into containment of the organism.
The restriction on the importation of a new organism does not apply to biological material of the organism that cannot, with­ out human intervention, be used to reproduce the organism.
(7) (6) No person may do any of the things speciﬁed in subsection (1)(a) or (b) in relation to any hazardous substance or new or­ ganism that is the subject of an innovative agricultural com­ pound application or an innovative medicine application un­ less the person has applied for and been granted an approval to do that thing.
Subsection (6) ceases to apply in respect of a hazardous substance or new organism on the date that section 55(3) to (4B) ceases to apply either to the Authority or to any information held by the Authority in relation to the hazardous substance or new organism concerned.
In this section,— innovative agricultural compound application has the same meaning as in section 72 of the Agricultural Compounds and Veterinary Medicines Act 1997 innovative medicine application has the same meaning as in section 23A of the Medicines Act 1981.

Section 25 heading: amended, on 9 April 2008, by section 6(1) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).
(8) Section 25(1A): inserted, on 9 April 2008, by section 6(2) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

Section 25(1B): inserted, on 9 April 2008, by section 6(2) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).
51 Part 5 s 25A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Subsection (2) was amended, as from 30 October 2003, by section 12(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the expression “Schedule 2” for the words “the Second Schedule to this Act”.

Subsection (3) was substituted, as from 30 October 2003, by section 12(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Subsections (4) to (8) were inserted, as from 30 October 2003, by section 12(2) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 25(5): amended, on 9 April 2008, by section 6(3) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).
25A Prohibition of import, manufacture, or use of persistent organic pollutants (1) No persistent organic pollutant is to be imported or manufac­ tured, and no approval is to be issued to import or manufacture a persistent organic pollutant, except as provided by— (a) (b) (c) section 29B; or section 30(a); or section 30(ba), but only for research in a laboratory.
(2) A persistent organic pollutant that is manufactured in New Zealand must not be used in New Zealand except for a use speciﬁed in Schedule 2A for the persistent organic pollutant.

Sections 25A to 25D were inserted, as from 23 December 2004, by section 7 Hazardous Substances and New Organisms (Stockholm Convention) Amend­ ment Act 2003 (2003 No 37).

See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
25B Prohibition on storage of persistent organic pollutants (1) A persistent organic pollutant must not be stored in New Zealand.

(2) However, subsection (1) does not apply to— (a) (b) a persistent organic pollutant stored in accordance with conditions speciﬁed by the Authority by notice in the Gazette ; or a persistent organic pollutant in respect of which storage is speciﬁed in Schedule 2A.
Sections 25A to 25D were inserted, as from 23 December 2004, by section 7 Hazardous Substances and New Organisms (Stockholm Convention) Amend­ ment Act 2003 (2003 No 37).

See clause 2 Hazardous Substances and New 52 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 25D Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
Subsection (2)(a) was amended, as from 22 December 2005, by section 9 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123) by omitting the words “(other than polychlori­ nated biphenyls)”.
25C Continuation of certain exemptions under Toxic (1) (2) Substances Regulations 1983 For the purposes of sections 25A and 25B and Schedule 2A, an exemption granted under regulation 49I or regulation 49J of the Toxic Substances Regulations 1983 that is in force immediately before the commencement of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 continues— (a) on the same terms and conditions as in force at that time; and until the expiry of— (i) (ii) the exemption; or an extension of the exemption (being not later than the close of 2016).
(b) The Authority may grant an extension of an exemption for the purposes of subsection (1)(b)(ii).

Sections 25A to 25D were inserted, as from 23 December 2004, by section 7 Hazardous Substances and New Organisms (Stockholm Convention) Amend­ ment Act 2003 (2003 No 37).

See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
25D Use of persistent organic pollutants imported or (1) manufactured before commencement of Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 This section applies to persistent organic pollutants imported or manufactured before the commencement of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003.
(2) No person may use a persistent organic pollutant for a use not speciﬁed in Schedule 2A if the Authority has issued a direc­ tion, by notice in the Gazette, restricting the use of the persist­ 53 Part 5 s 26 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (3) 26 (1) (2) section 30(a); and section 30(ba), but only for research in a laboratory.

ent organic pollutant to the use in that schedule for the persist­ ent organic pollutant.
This section does not prevent approvals being granted under— (a) (b) Sections 25A to 25D were inserted, as from 23 December 2004, by section 7 Hazardous Substances and New Organisms (Stockholm Convention) Amend­ ment Act 2003 (2003 No 37).

See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
Determination of new organism or hazardous substance The Authority may, by notice in the Gazette, on application by any person, determine whether or not any organism is a new organism, or (without limiting any regulations made under section 74(b)) whether or not any substance is a hazardous sub­ stance.
Before issuing such a determination, the Authority shall have regard to— Any information held by the Authority; and (a) (b) Any information held by any department (c) listed in Schedule 1 to the State Sector Act 1988 and any Crown entity; and Any information provided by the applicant.

(3) Any determination issued by the Authority under subsection (1) of this section may be revoked or reissued on receipt of further information by the Authority.
The heading to section 26 was amended, as from 2 July 2001, by section 7(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by inserting the words “or hazardous substance”.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Subsection (1) was amended, as from 2 July 2001, by section 7(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by in­ serting the words “, or (without limiting any regulations made under section 74(b)) whether or not any substance is a hazardous substance”.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Subsection (2) was amended, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113) by omitting the words “listed in Schedule 4 to the Public Finance Act 1989”.
54 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 27A 27 Types of approval In this Act, the term approval means any of the following: (a) An approval to import or manufacture a hazardous sub­ stance for release: (b) An approval to import for release or release from con­ (ba) (bb) (c) tainment any new organism: a conditional release approval to import for release or release from containment a new organism: an approval to import for release or to release from con­ tainment a qualifying organism: An approval to import any new organism into contain­ ment, ﬁeld test any new organism in containment, de­ velop any new organism in containment: (e) (d) An approval to import any hazardous substance into containment or manufacture any hazardous substance in containment: An approval to import or manufacture any hazardous substance for release in an emergency, import any new organism for release in an emergency, or release any new organism from containment in an emergency: an approval to import an agricultural compound or medicine for release in a special emergency, release an agricultural compound or medicine from containment in a special emergency, or use an agricultural com­ pound or a medicine in a special emergency.
(f) Paragraphs (ba) and (bb) were inserted, as from 30 October 2003, by section 14(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Paragraph (f) was inserted, as from 30 October 2003, by section 14(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

27A Approvals at any taxonomic classiﬁcation (1) An approval referred to in section 27(b), (ba), (bb), or (c) may be granted for a new organism at any taxonomic classiﬁcation that the Authority thinks ﬁt.
(2) An approval that is granted for a new organism (that is not a genetically modiﬁed organism) in a taxonomic classiﬁcation applies to all the organisms in the taxonomic classiﬁcation.

(3) An approval that is granted for a genetically modiﬁed organ­ ism in a taxonomic classiﬁcation applies only to organisms in 55 Part 5 s 28 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 the taxonomic classiﬁcation with the same genetic modiﬁca­ tion as speciﬁed in the approval.
(4) Despite subsections (2) and (3), an approval may exclude any organism or groups of organisms from its scope.

Section 27A was inserted, as from 30 October 2003, by section 15 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Approvals for hazardous substances 28 Application for approval to import or manufacture hazardous substances (1) Unless an approval under section 28A or section 29 applies to the importation or manufacture of the substance, every person intending to— (a) Import; or (b) Manufacture— a hazardous substance otherwise than in containment shall, before importation or manufacture, apply to the Authority for approval to import or manufacture that substance.
Every application shall be in an approved form and shall in­ clude— (a) (2) (b) (c) (d) (e) The unequivocal identiﬁcation of the substance and its properties; and Information on all the possible adverse effects of the substance on the environment; and Information on the intended uses of the substance throughout the life cycle of the substance; and Information on methods for disposal of the substance; and Information on all occasions where the substance has been considered by the government of any prescribed State or country or any prescribed organisation and the results of such consideration; and Such other information as may be prescribed.
(3) (f) The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory dec­ laration.

(4) An applicant may, by written notice to the Authority, withdraw the application at any time.
56 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 28A Subsection (1) was amended, as from 2 July 2001, by section 8(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89), by sub­ stituting the words “Unless an approval under section 28A or section 29 applies to the importation or manufacture of the substance, every person” for the words “Every person’”.
See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Subsection (2) was amended, as from 2 July 2001, by section 8(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89), by sub­ stituting the words “an approved form” for the words “the prescribed form”.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
28A Rapid assessment for importation or manufacture of hazardous substances (1) When the Authority receives an application under section 28 in respect of a hazardous substance, and the applicant has veri­ ﬁed the information contained in the application by statutory declaration, the Authority may make a rapid assessment of the adverse effects of importing or manufacturing the substance.
The Authority may approve a hazardous substance under this section if the Authority is satisﬁed that— (a) (2) (b) (c) a substance having a similar composition and similar hazardous properties has been approved; or the substance has one or more hazardous properties and each hazardous property has the least degree of hazard for that property; or the substance has been formulated so that 1 or more of its hazardous properties has a lesser degree of hazard than any substance that has been approved under this Act.
(3) (4) Sections 77, 77A, and 77B apply to a hazardous substance approved by the Authority under this section as if the approval had been given under section 29.

If the Authority does not approve a hazardous substance under this section the application under section 28 may be deter­ mined under section 29.

Section 28A was inserted, as from 2 July 2001, by section 9 Hazardous Sub­ stances and New Organisms Amendment Act 2000 (2000 No 89).
See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

57 Part 5 s 29 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Subsection (2)(b) was amended, as from 22 December 2005, by section 10(1) Hazardous Substances and New Organisms (Approvals and Enforce­ ment) Amendment Act 2005 (2005 No 123) by inserting the expression “; or”.
Subsection (2)(c) was inserted, as from 22 December 2005, by section 10(1) Hazardous Substances and New Organisms (Approvals and Enforce­ ment) Amendment Act 2005 (2005 No 123).

Subsection (3) was amended, as from 22 December 2005, by section 10(2) Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123) by substituting the words “Sections 77, 77A, and 77B apply” for the words “Section 77 applies”.
Determination of applications 29 (1) After considering any application for approval made under section 28 of this Act the Authority may, in its discretion,— Approve the application if, after taking into account— (a) Any controls which may be imposed on the sub­ (i) stance; and (ii) All effects of the substance during the lifecycle of that substance; and (iii) The likely effects of the substance being unavail­ able,— the positive effects of the substance outweigh the ad­ verse effects; or (b) Decline the application if, after taking into account— (i) Any controls which may be imposed on the sub­ stance; and (ii) All effects of the substance during the lifecycle of that substance; and (iii) The likely effects of the substance being unavail­ able,— (c) the adverse effects of the substance outweigh the posi­ tive effects; or Decline the application if insufﬁcient information is available to enable the Authority to determine the adverse effects of the substance.
The provisions of sections 77, 77A, and 77B of this Act shall apply to any substance approved by the Authority under sub­ section (1) of this section.

The Authority shall give its decision in writing, including rea­ sons for the decision, give written notice of the decision to the (2) (3) 58 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 30 applicant and every person who made a submission, and pub­ licly notify it.
Subsection (2) was amended, as from 22 December 2005, by section 11 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123) by substituting the words “sections 77, 77A, and 77B” for the expression “section 77”.

29A Approvals for innovative agricultural compounds and medicines [Repealed] Section 29A was inserted, as from 2 July 2001, by section 10 Hazardous Sub­ stances and New Organisms Amendment Act 2000 (2000 No 89).
See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Section 29A was repealed, as from 30 October 2003, by section 16(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
29B Applications relating to persistent organic pollutants (1) An application to import a persistent organic pollutant may be granted,— (a) (b) if a use for the persistent organic pollutant is speciﬁed in Schedule 2A, only for that use; or if no use for the persistent organic pollutant is speciﬁed in Schedule 2A, only for the purpose of environmentally sound disposal.
(2) An application to manufacture a persistent organic pollutant may be granted if manufacture for the persistent organic pol­ lutant is speciﬁed in Schedule 2A.

Section 29B was inserted, as from 23 December 2004, by section 8 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
Containment approvals for hazardous substances 30 Importing hazardous substances in containment The Authority may approve the manufacture or importation of any hazardous substance in containment for any of the follow­ ing purposes: 59 Part 5 s 31 (a) Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (b) (ba) small amounts of any hazardous substance for use as analytical standards where— (i) approval to import or manufacture that substance has been declined; or the substance is a persistent organic pollutant; or.
(ii) Research on any hazardous substance to acquire infor­ mation for use in assessing that substance in accordance with this Part of this Act; or research and development on any hazardous substance; or Use in an emergency under this or any other Act; or formulating, relabelling, repackaging, or storing any hazardous substance for export to a destination outside New Zealand; or (d) Such other purposes as the Authority thinks ﬁt.
Paragraph (a) was substituted, as from 23 December 2004, by section 9 Haz­ ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).

(c) (ca) Paragraph (ba) was inserted, as from 2 July 2001, by section 12 Hazardous Sub­ stances and New Organisms Amendment Act 2000 (2000 No 89).
See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Paragraph (ca) was inserted, as from 22 December 2005, by section 12 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123).
Application for hazardous substance containment approval Every person intending— (a) To import into containment; or (b) Manufacture in containment— any hazardous substance shall, before importation or manufac­ ture, apply to the Authority for approval to import or manufac­ ture that substance.
Every application shall be in an approved form and shall in­ clude— (a) Identiﬁcation of the substance for which approval is sought: The purpose for which approval is sought: (b) 31 (1) (2) 60 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 32 (c) (d) (e) (f) The quantity of the substance proposed to be imported or manufactured: Information on all occasions where the substance has been considered by the government of any prescribed State or country or any prescribed organisation and the results of such consideration: Such other information as may be prescribed: All information known to the applicant relating to the effects of the substance throughout the lifecycle of the substance: (g) Information on the proposed containment system.
The Authority may, by written notice given to the applicant, require the applicant to verify any application by statutory dec­ laration.

(3) (4) An applicant may, by written notice to the Authority, withdraw the application at any time.

Subsection (2) was amended, as from 2 July 2001, by section 12 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by sub­ stituting the words “an approved form” for the words “the prescribed form”.
See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Decision on application 32 (1) After considering any application for approval made under section 31 of this Act, the Authority may grant the application if the application is for one of the purposes speciﬁed in section 30 of this Act and the Authority is satisﬁed that the substance can be adequately contained.
(2) An approval under this section— (a) must include controls that provide for each of the ap­ (3) plicable matters speciﬁed in Schedule 3; and (b) may include controls that provide for any other matters in order to give effect to the purpose of this Act.

The Authority shall give its decision, in writing, including rea­ sons for the decision, give written notice of the decision to the applicant and every person who made a submission, and pub­ licly notify it.
Subsection (2) was substituted, as from 2 July 2001, by section 12 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See 61 Part 5 s 33 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
33 Exemptions from Act for small­scale research on hazardous substances (1) Nothing in this Act applies to any small­scale use of hazardous substances in research and development or teaching if— (a) (b) (ba) (c) the use occurs in a laboratory that meets the prescribed requirements; and the use does not create or involve a hazardous substance for which any application for approval has been de­ clined under this Act; and the use does not create or involve a persistent organic pollutant; and.
the importation, storage, and transportation of the haz­ ardous substances each meets the prescribed require­ ments; and (d) No such hazardous substance, nor any substance cre­ ated from that use, is sold as a substance or in a prod­ uct containing or derived from that substance, except as provided for in subsection (2).
(2) A hazardous substance, or any substance created from the use of that hazardous substance, referred to in subsection (1) may be sold as a substance or in a product containing or derived from that substance only if it is sold to— (a) a laboratory in New Zealand that meets the prescribed requirements: a laboratory outside New Zealand, but only if— (i) (b) (ii) the hazardous substance or the substance has been sold to the laboratory outside New Zealand by a laboratory in New Zealand that meets the prescribed requirements; and the laboratory in New Zealand holds evidence that the hazardous substance or the substance will be used by the laboratory outside New Zealand in research and development or training, and pro­ duces that evidence if requested to do so by the Authority.
Section 33 was substituted, as from 2 July 2001, by section 14 Hazardous Sub­ stances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 62 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 34 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Paragraph (ba) was inserted, as from 23 December 2004, by section 10 Haz­ ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).

Subsection (1)(d) was amended, as from 22 December 2005, by section 13(1) Hazardous Substances and New Organisms (Approvals and Enforce­ ment) Amendment Act 2005 (2005 No 123) by inserting the words “, except as provided for in subsection (2)”.
Subsection (2) was inserted, as from 22 December 2005, by section 13(2) Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123).
Assessment of new organisms for importation or release 34 (1) (2) (3) To import for release; or To release from containment— Application for approval to import or release Every person intending— (a) (b) any new organism shall, before importation or release, apply, under this section or under section 38A, to the Authority for approval to import or release.
Every application under this section shall be in an approved form and shall include— (a) (b) Any information prescribed; and Information on all occasions where the organism has been considered by the government of any prescribed state or country or by any prescribed organisation and the results of such consideration; and The identiﬁcation of the organism; and (c) (d) Any likely inseparable organisms; and (e) All the possible adverse effects of the organism on the environment; and The afﬁnities of the organism with other organisms in New Zealand; and The potential use for the organism.
(g) The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory dec­ laration.

(f) 63 Part 5 s 34A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (4) Any applicant may, by written notice to the Authority, with­ draw the application at any time.
Subsection (1) was amended, as from 30 October 2003, by section 17(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by inserting the words “, under this section or under section 38A,” after the word “apply”.

Subsection (2) was amended, as from 31 December 2000, by section 15 Haz­ ardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by substituting the words “an approved form” for the words “the prescribed form”.
See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

Subsection (2) was amended, as from 30 October 2003, by section 17(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by inserting the words “under this section” after the word “application”.
34A Applications for conditional release and for release in (1) (2) (3) respect of same new organism The user of a conditional release approval may, at or after the time of applying for the approval, apply to the Authority for approval to release the new organism at the expiry of the con­ ditional release approval.

The application must be treated as if it were an application under section 34 to release the new organism from contain­ ment.
If the application is granted, the approval takes effect imme­ diately after the expiry of the conditional release approval.

Section 34A was inserted, as from 30 October 2003, by section 18 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
35 Rapid assessment of risk for importation of new organisms (1) Where the Authority receives an application under section 34 of this Act to import a new organism that is not a genetic­ ally modiﬁed organism for release, the Authority may make a rapid assessment of the adverse effects of importing that organism in accordance with subsections (2) and (3) of this section.
If the Authority is satisﬁed that— (a) The organism is not an unwanted organism as deﬁned in the Biosecurity Act 1993; and (2) 64 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 36 (b) It is highly improbable that the organism, after re­ lease,— (i) Could form self­sustaining populations any­ where in New Zealand, taking into account the ease of eradication; or Could displace or reduce a valued species; or (ii) (iii) Could cause deterioration of natural habitats; or (iv) Will be disease­causing or be a parasite, or be a vector or reservoir for human, plant, or animal disease; or (v) Will have any adverse effects on human health and safety or the environment,— the Authority may approve the application without con­ trols.
(3) If the Authority is satisﬁed that— (a) The organism is an unwanted organism as deﬁned in the Biosecurity Act 1993; or The organism is likely to fail the minimum standards speciﬁed in section 36 of this Act— (b) (4) the Authority may, subject to subsection (5) of this section, decline the application.

If the Authority considers that the application should not be approved under subsection (2) of this section, then the appli­ cation may be determined under section 38 of this Act.
(5) Where any person appointed by the Authority to conduct a rapid assessment of risk declines an application under subsec­ tion (3) of this section, the applicant may request the Authority to continue the assessment and determine the application in ac­ cordance with section 38 of this Act.
36 Minimum standards The Authority shall decline the application, if the new organ­ ism is likely to— (a) Cause any signiﬁcant displacement of any native species within its natural habitat; or Cause any signiﬁcant deterioration of natural habitats; or Cause any signiﬁcant adverse effects on human health and safety; or (b) (c) 65 Part 5 s 37 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (d) (e) Cause any signiﬁcant adverse effect to New Zealand’s inherent genetic diversity; or Cause disease, be parasitic, or become a vector for human, animal, or plant disease, unless the purpose of that importation or release is to import or release an organism to cause disease, be a parasite, or a vector for disease.
Additional matters to be considered The Authority, when making a decision under section 38 of this Act, shall have regard to— (a) The ability of the organism to establish an undesirable self­sustaining population; and The ease with which the organism could be eradicated if it established an undesirable self­sustaining population.
(b) Determination of applications to import or release If an application made under section 34 of this Act is not granted under section 35 or any other section, the Authority may, in its discretion,— (a) Approve the application if— (i) The organism meets the minimum standards set out in section 36 of this Act; and (ii) After taking into account all the effects of the or­ ganism, the effects of any inseparable organism and the matters in section 37 of this Act, the posi­ tive effects of the organism outweigh the adverse effects of the organism and any inseparable or­ ganism; or (b) Decline the application if— (i) The organism fails to meet the said minimum standards; or (ii) After taking into account all the effects of the or­ ganism, the effects of any inseparable organism, and the matters in section 37 of this Act, the ad­ verse effects of the organism and any inseparable organism outweigh the positive effects; or 37 38 (1) 66 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 38 (iii) Insufﬁcient information is available to enable the Authority to assess the adverse effects of the or­ ganism.
(2) An approval under subsection (1) must be granted without controls.

(3) Any approval to import an organism for release or to release an organism from containment shall lapse 5 years after the date of the approval unless— (a) (b) The organism is sooner released; or The Authority, following an application by any person before the expiry of the time limit, extends the time limit for a further period of up to 5 years.
(4) (3A) However, subsection (3) does not apply to an approval under this section that takes effect on the expiry of a conditional re­ lease approval.

Every person who releases an organism in accordance with an approval given under this section within 5 years after the date of that approval shall, unless the requirement is waived by the Authority, notify the Authority within one month after the date of release.
The Authority shall give its decision in writing, including rea­ sons for the decision, give written notice of the decision to the applicant and every person who made a submission, and pub­ licly notify it.

Subsection (1) was amended, as from 30 October 2003, by section 19(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the words “or any other section” for the words “of this Act” in the second place where they occur.
(5) Subsection (2) was substituted, as from 30 October 2003, by section 19(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Subsection (3A) was inserted, as from 30 October 2003, by section 19(3) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Conditional release of new organisms The heading “Conditional release of new organisms” was inserted, as from 30 October 2003, by section 20 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
67 Part 5 s 38A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 38A Application for approval to import or release new organism with controls (1) A person may apply to the Authority for a conditional release approval to import for release or to release from containment a new organism with controls.
(2) An application for a conditional release approval must be in the approved form and must include— (a) (b) all prescribed information (if any); and information on all occasions where the organism has been considered by the government of any prescribed state or country or by any prescribed organisation and the results of the consideration; and the identiﬁcation of the organism; and any likely inseparable organisms; and all the possible adverse effects of the organism on the environment; and the afﬁnities of the organism with other organisms in New Zealand; and the proposed use for the organism; and the controls that the applicant proposes the organism would be subject to on its release.
(c) (d) (e) (f) (g) (h) (3) The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory dec­ laration.

(4) Any applicant may, by written notice to the Authority, with­ draw the application at any time.

Sections 38A to 38L were inserted, as from 30 October 2003, by section 20 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
38B Application under section 34 may be treated as application under section 38A The Authority may, with the agreement of the applicant, treat an application made under section 34 as if it were an applica­ tion made under section 38A.

Sections 38A to 38L were inserted, as from 30 October 2003, by section 20 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
68 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 38D 38C Determination of applications to import or release new (1) (2) (3) organisms with controls The Authority may approve an application made under section 38A and grant a conditional release approval with controls, but only if the Authority determines that,— (a) after taking into account the matters in subsection (3), the new organism is likely to meet the minimum stan­ dards set out in section 36; and there is sufﬁcient information available to assess the ad­ verse effects of the organism; and after taking into account the matters in subsection (2), the positive effects of the organism outweigh the ad­ verse effects of the organism and any inseparable or­ ganism.
(b) (c) (b) (c) The matters to be taken into account under subsection (1)(c) are— (a) all the effects of the organism and any inseparable or­ ganism; and the ability of the organism to establish a self­sustaining population; and the ease with which the organism could be recovered or eradicated if it established an undesirable self­sustain­ ing population; and all the controls that will be imposed on the organism.
(d) The matters to be taken into account in subsection (1)(a) are— (a) the controls that will be imposed on the approval; and (b) whether the controls are likely to be effective in meeting (c) the objective of the controls; and the ease with which the organism could be recovered or eradicated if it formed a self­sustaining population.

Sections 38A to 38L were inserted, as from 30 October 2003, by section 20 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
38D Controls (1) The controls that the Authority may impose on a conditional release approval include— (a) controlling the extent and purposes for which organisms could be used: 69 Part 5 s 38E Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (b) (c) (d) (e) (f) (g) (h) (i) (j) reporting, and requiring any monitoring, auditing, record­keeping: imposing any obligation to comply with relevant codes of practice or standards (for example, to meet particular co­existence requirements): requiring contingency plans to be developed to manage potential incidents: limiting the dissemination or persistence of the organ­ ism or its genetic material in the environment: requiring the disposal of any organisms or genetic ma­ terial: limiting the proximity of the organism to other organ­ isms, including those that could be at risk from the con­ ditionally released organism: setting requirements that must be met for any material derived from the organism: imposing obligations on the user of an approval, includ­ ing levels of training or knowledge, limits on the num­ bers of users who may hold an approval, and the persons that they could deal with in respect of the organism: specifying the duration of the approval or of a control before requiring review by the Authority, and the nature of that review.
(2) Subsection (1) does not limit the type of controls the Authority may impose on a conditional release approval.

Sections 38A to 38L were inserted, as from 30 October 2003, by section 20 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

(2) 38E Duration of conditional release approval (1) A conditional release approval that expressly states that it does not expire expires on the close of the date on which the last control to which the approval relates expires.
In any other case, a conditional release approval expires on the earlier of the following: (a) (b) the date of expiry (if any) speciﬁed in the approval; or if no date of expiry is speciﬁed, 5 years after the date on which the approval is granted; or the close of the date on which the last control to which the approval relates expires.
(c) 70 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 38G Sections 38A to 38L were inserted, as from 30 October 2003, by section 20 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

38F Consequences of expiry of conditional release approval On the expiry of a conditional release approval, the new organ­ ism concerned must be disposed of unless, before the expiry of the approval, another approval has been granted under this Act.
Sections 38A to 38L were inserted, as from 30 October 2003, by section 20 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
38G Review of controls on conditional release approval (1) The Authority may, on its own initiative or on the application of any user of a conditional release approval or of any person speciﬁed in section 97 or section 97A, review the controls that it has imposed on the conditional release approval, but only if— (a) the review is to amend a control so that it better meets the objective of the control; or the control included a review requirement specifying— the circumstances in which the control would be (i) reviewed; and the potential consequences of the review.
(ii) The Authority— (a) may carry out the review without publicly notifying the (b) (2) (b) review in accordance with section 53; but if it does so, must— (i) consult, and consider the views of, the Depart­ ment of Conservation and any other government agency (as deﬁned in section 49A) that the Au­ thority considers is likely to have an interest in the review; and publicly notify the results of the review.

(ii) (3) This section does not limit section 67A.


Sections 38A to 38L were inserted, as from 30 October 2003, by section 20 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
71 Part 5 s 38H Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 38H Restriction on release of new organism subject to conditional release approval A person who did not obtain a conditional release approval for a new organism that is subject to a conditional release approval must not release the new organism in accordance with the ap­ proval unless, before the release, the person has given notice in writing to the Authority of the proposed release.
Sections 38A to 38L were inserted, as from 30 October 2003, by section 20 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Release of qualifying organisms The heading “Release of qualifying organisms” was inserted, as from 30 Octo­ ber 2003, by section 20 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
38I Assessment of applications for release of qualifying organisms If the Authority receives an application under section 34 that relates to a qualifying organism, the Authority may— (a) make a rapid assessment of the adverse effects of im­ porting for release or releasing from containment the qualifying organism; and approve the importation for release or the release from containment of the qualifying organism with or without controls.
(b) If the Authority does not approve an application under this sec­ tion, the Authority must assess and determine the application under section 38.
The Authority or the responsible chief executive, as the case may be, may determine that a qualifying organism is or is contained in a qualifying medicine or a qualifying veterin­ ary medicine only if satisﬁed that, taking into account all the controls that will be imposed (if any), it is highly improbable that— (a) the dose and routes of administration of the medicine or veterinary medicine would have signiﬁcant adverse effects on— (i) (ii) the health of the public; or any valued species; and (1) (2) (3) 72 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 38J (b) the qualifying organism could form an undesirable self­ sustaining population and would have signiﬁcant ad­ verse effects on— (i) (ii) (iii) (iv) the health and safety of the public; or any valued species; or natural habitats; or the environment.
(4) In determining under subsection (3) whether a qualifying or­ ganism is or is contained in a qualifying medicine or a qualify­ ing veterinary medicine, the following effects (if any) are not to be taken into account: (a) any effect of the medicine or qualifying organism on the person who is being treated with the medicine: any effect of the veterinary medicine or qualifying or­ ganism on the animal that is being treated with the vet­ erinary medicine.
(b) (5) An approval granted under this section is not an approval— (a) (b) to use a qualifying medicine until the medicine has been lawfully supplied for use under the Medicines Act 1981: or to use a qualifying veterinary medicine until the vet­ erinary medicine has been approved for use under the Agricultural Compounds and Veterinary Medicines Act 1997.

Sections 38A to 38L were inserted, as from 30 October 2003, by section 20 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
38J Procedure for assessing and approving application by responsible chief executive If the Authority has delegated to the responsible chief execu­ tive its power to assess and approve an application under sec­ tion 38 for the release of a qualifying organism, the responsible chief executive must— (a) be paid the fee set by the Authority for the assessment and approval of the application; and determine whether the medicine is a qualifying medicine or the veterinary medicine is a qualifying veterinary medicine, as the case may be; and (b) 73 Part 5 s 38K Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (c) if the responsible chief executive is satisﬁed that the medicine is a qualifying medicine or the veterinary medicine is a qualifying veterinary medicine, the re­ sponsible chief executive may, with or without controls, approve the release of the qualifying organism.
Sections 38A to 38L were inserted, as from 30 October 2003, by section 20 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
38K Controls (1) The type of controls that may be imposed on the importation for release or release from containment of a qualifying organ­ ism include— (a) controls for the distribution of the qualifying medicine or qualifying veterinary medicine: controls providing for the methods of administering the qualifying medicine or qualifying veterinary medicine: controls concerning the persons who may adminis­ ter the qualifying medicine or qualifying veterinary medicine: controls concerning the persons to whom the qualifying medicine may be administered: controls concerning the animals to which the qualifying veterinary medicine may be administered.
(b) (c) (d) (e) (2) Subsection (1) does not limit the type of controls that may be imposed on the importation for release or release from con­ tainment of a qualifying organism.

Sections 38A to 38L were inserted, as from 30 October 2003, by section 20 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
38L Review of controls for qualifying organisms (1) The Authority may, on its own initiative or on the application of the holder of an approval under section 381 or of any person speciﬁed in section 97 or section 97A, review any controls that it has imposed on the approval, but only if— (a) the review is to amend a control so that it better meets the objective of the control; or the control included a review requirement specifying— the circumstances in which the control would be (i) reviewed; and (b) 74 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 39 (2) the potential consequences of the review.
(ii) The Authority— (a) may carry out the review without publicly notifying the (b) review in accordance with section 53; but if it does so, must— (i) consult, and consider the views of, any govern­ ment agency (as deﬁned in section 49A) that the Authority considers is likely to have an interest in the review; and publicly notify the results of the review.

(ii) (3) 39 (1) This section does not limit section 67A.
Sections 38A to 38L were inserted, as from 30 October 2003, by section 20 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Containment approval for new organisms Importation or development of new organisms in containment The Authority may approve the importation, development, or ﬁeld testing of any new organism into containment for the fol­ lowing purposes: (a) (b) (c) Maintaining a new organism for use in an emergency The development of any new organism: Field testing any new organism: (d) (e) (as deﬁned in section 46 of this Act): The conservation of any genetic material: The public display of any organism including, but not limited to, display in a circus or zoological garden: (f) Maintaining a new organism in containment to produce antigens, biopesticides, biopharmaceuticals, enzymes, hormones, or vaccines for release: (g) Maintaining new organisms in containment for diagnos­ tic purposes: Such other purposes as the Authority thinks ﬁt.
(h) (2) A decision by the Authority under section 38 or section 38C or section 38I to decline an application does not prevent the Au­ thority from granting an approval to import a new organism into containment, develop a new organism in containment, or ﬁeld test a new organism in containment for 1 or more of the purposes speciﬁed in subsection (1).
75 Part 5 s 40 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 If an application has been made to the Authority for a condi­ tional release approval, any person may apply to the Authority for approval to put the organism into containment and the ap­ plication— (a) must be treated in all respects as an application to import a new organism into containment; and (b) may be granted only for 1 or more of the purposes spe­ ciﬁed in subsection (1).
If an application has been made to the Authority for an ap­ proval under section 38I, any person may apply to the Author­ ity for approval to put the qualifying organism into contain­ ment, and the application— (a) must be treated in all respects as an application to import a new organism into containment; and (b) may be granted only for 1 or more of the purposes spe­ ciﬁed in subsection (1).
Subsection (1)(a) was amended, as from 30 October 2003, by section 21(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the word “new” for the words “genetically modiﬁed”.

Subsection (2) was substituted, as from 30 October 2003, by section 21(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Subsections (3) and (4) were inserted, as from 30 October 2003, by section 21(2) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Application for containment approval for new organisms Every person intending— To import into containment any new organism; or (a) To develop any new organism in containment; or (b) (c) To ﬁeld test any new organism in containment— shall, before importing or developing or testing, apply to the Authority for approval to import or develop that new organ­ ism.
Every application shall be in an approved form and shall in­ clude any information prescribed, information on all occasions where the organism has been considered by the government of any prescribed state or country, or by any prescribed organisa­ tion, and the results of such consideration, information about the containment system for the organism, and,— (3) (4) 40 (1) (2) 76 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 40 (a) For the development of a genetically modiﬁed organ­ ism,— (i) (ii) The identiﬁcation of the organism; and The description of the project and the experimen­ tal procedures to be used; and (iii) The details of the biological material to be used; and (iv) The expression of foreign nucleic acid material; and (v) All the possible adverse effects of the organism on the environment: (b) For ﬁeld testing of a genetically modiﬁed organism,— The identiﬁcation of the organism; and (i) (ii) The purposes of the ﬁeld testing; and (iii) The genetic modiﬁcations of the organism to be tested; and (iv) The nature and method of ﬁeld trials and the ex­ perimental procedures to be used; and (v) All the possible adverse effects of the organism on the environment.
(3) The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory dec­ laration.

(4) An applicant may, by written notice to the Authority, withdraw the application at any time.

Subsection (2)(a)(iv) was amended, as from 7 May 1999, by section 4 Haz­ ardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by substituting the words “nucleic acid material” for the words “deoxyribonucleic acid (DNA)”.
Subsection (2) was amended, as from 31 December 2000, by section 16 Haz­ ardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by substituting the words “an approved form” for the words “the prescribed form”.

See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
Subsection (2)(b) was amended, as from 30 October 2003, by section 22 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by omitting the words “and large scale fermentation” in both places where they occur.
77 Part 5 s 41 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 41 Assessment of adverse effects of developing genetically modiﬁed organisms The Governor­General may, from time to time, by Order in Council, make regulations— (a) Specifying the procedures and methods for assessing the probability that an adverse effect will occur from genetic modiﬁcation of an organism: Specifying the probability that adverse effects will occur from speciﬁed development procedures: Specifying the circumstances in which genetic modiﬁ­ cation of an organism is a low risk genetic modiﬁcation.
(b) (c) 42 Rapid assessment of adverse effects for development of genetically modiﬁed organisms (2) (1) Where the Authority receives an application under section 40 of this Act to develop a genetically modiﬁed organism in containment, the Authority may make a rapid assessment of the adverse effects of developing that organism.
If the Authority is satisﬁed that any development meets the criteria for a low­risk genetic modiﬁcation speciﬁed in regu­ lations made under section 41 of this Act, the Authority may approve the application and impose such controls providing for each of the matters speciﬁed in Schedule 3 to this Act as the Authority thinks ﬁt.
42A Rapid assessment of projects for low­risk genetic modiﬁcation (1) An application made under section 40 to develop a new organ­ ism in containment may, instead of specifying the information required by or under section 40(2), describe— (a) a project for the development of genetically modiﬁed organisms; and the identity of the host organisms; and the nature and range of the proposed genetic modiﬁca­ tions.
(b) (c) (2) After the Authority receives an application under section 40 that complies with subsection (1), the Authority may make a rapid assessment of the adverse effects of carrying out the project if it is satisﬁed that— 78 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 43 (a) (b) any host organism speciﬁed for the project meets the cri­ teria for host organisms prescribed in regulations made under section 41; and any genetic modiﬁcation speciﬁed for the project meets the criteria for genetic modiﬁcation procedures pre­ scribed in regulations made under section 41.
(3) If the Authority has completed a rapid assessment under sub­ section (2), the Authority may— (a) (b) approve the application; and impose controls providing for each of the matters spe­ ciﬁed in Schedule 3 as the Authority thinks ﬁt; and direct the applicant to provide progress reports on the development at the times speciﬁed or required by the Authority.

(c) Sections 42A and 42B were inserted, as from 30 October 2003, by section 23 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
42B Rapid assessment of adverse effects for importation of genetically modiﬁed organisms into containment (2) (1) After the Authority receives an application under section 40 to import a genetically modiﬁed organism into containment, the Authority may make a rapid assessment of the adverse effects of importing the organism.
If the Authority is satisﬁed that the importation meets the cri­ teria for a low­risk­genetic modiﬁcation speciﬁed in regula­ tions made under section 41, the Authority may approve the application and impose controls providing for each of the mat­ ters speciﬁed in Schedule 3 as the Authority thinks ﬁt.

Section 25(4) does not apply if an application is approved under this section by a person acting under delegated authority from the Authority under section 19(2)(a).
Sections 42A and 42B were inserted, as from 30 October 2003, by section 23 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(3) 43 Additional matters to be considered when application made for developing new organisms in containment The Authority, when making a decision under section 45, must have regard to,— 79 Part 5 s 44 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (a) (b) in the case of an application made under section 40(1)(b) to genetically modify an organism, the matters speciﬁed in regulations made under section 41; and in the case of all applications made under section 40(1)(b), the matters speciﬁed in section 37.
Section 43 was substituted, as from 30 October 2003, by section 24 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

44 Additional matters to be considered on applications for importing and ﬁeld testing of organisms The Authority, when making a decision under section 45 of this Act, on an application made under section 40(1)(a) or (c) of this Act, shall have regard to— (a) (b) The matters in section 37 of this Act; and The ability of the organism to escape from containment.
44A Additional matters to be considered for certain developments and ﬁeld tests This section applies to an application— (a) to develop a new organism in containment that is a gen­ etically modiﬁed organism, to the extent that the devel­ opment does not take place in a containment structure: to ﬁeld test a new organism in containment if the new organism is a genetically modiﬁed organism.
(b) In deciding whether to approve or decline an application, the Authority must take into account— (a) any adverse effects of developing or ﬁeld testing the organism on— (i) (ii) human health and safety; and the environment, in particular ecosystems and their constituent parts; and (b) (c) any alternative method of achieving the research object­ ive that has fewer adverse effects on the matters referred to in paragraph (a) than the development or ﬁeld test; and any effects resulting from the transfer of any genetic elements to other organisms in or around the site of the development or ﬁeld test.
(1) (2) 80 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 45 The matters referred to in subsection (2) are in addition to the matters referred to in sections 44 and 45.

(3) (4) Section 44A was inserted, as from 28 May 2002, by section 7(1) Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amend­ ment Act 2002 (2002 No 13).
See section 7(2) Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13) as to section 44A not applying in relation to applications for approvals to develop new organisms in containment made before 1 April 2002.

See section 10 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13) for the transitional provision.
Subsection (4) was repealed, as from 30 October 2003, by section 25 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Determination of application 45 (1) After considering any application for approval made under section 40 of this Act, the Authority (if the application is not approved under section 42 or section 42A or section 42B) may, in its discretion,— (a) Approve the application if— (i) The application is for one of the purposes speci­ ﬁed in section 39(1) of this Act; and (ii) After taking into account all the effects of the organism and any inseparable organism, includ­ ing, but not limited to, the effects on the matters in section 43 of this Act (for applications made under section 40(1)(b) of this Act) or the mat­ ters in section 44 of this Act (for applications made under section 40(1)(a) or (c) of this Act), the beneﬁcial effects of having the organism in containment outweigh the adverse effects of the organism and any inseparable organism; and (iii) The Authority is satisﬁed that the organism can be adequately contained; or (b) Decline the application in any other case.
(2) An approval under this section— (a) must include controls that provide for each of the ap­ plicable matters speciﬁed in Schedule 3; and (b) may include controls that provide for any other matters in order to give effect to the purpose of this Act.
81 Part 5 s 45A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (3) (4) The Authority shall give its decision in writing, including rea­ sons for the decision, give written notice of the decision to the applicant and every person who made a submission, and pub­ licly notify the decision.
In taking into account the adverse effects of the organism under subsection (1)(a)(ii), take into account— (a) the Authority must the adverse effects (if any) of having the organism and any inseparable organism in containment; and the probability that the organism may escape after con­ sidering all the controls to which the organism would be subject if the application were approved; and the effects of the organism, if the organism were to es­ cape.
(b) (c) Subsection (1) was amended, as from 30 October 2003, by section 26(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the words “section 42 or section 42A or section 42B” for the words “section 42 of this Act”.

See section 55 of that Act for the transitional provision relating to human cell research in containment.
Subsection (1)(a)(ii) was amended, as from 30 October 2003, by section 26(2) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by omitting the words “should the organism escape”.

See section 55 of that Act for the transitional provision relating to human cell research in containment.

Subsection (2) was substituted, as from 31 December 2000, by section 17 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

See sec­ tion 10 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13) for the transitional provision.

Subsection (4) was inserted, as from 30 October 2003, by section 26(3) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
See section 55 of that Act for the transitional provision relating to human cell research in containment.
45A Controls required for certain developments and for all ﬁeld tests This section applies to an approval under section 45— (a) to develop a new organism in containment that is a gen­ etically modiﬁed organism, to the extent that the devel­ opment does not take place in a containment structure; or (1) 82 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 45B (b) to ﬁeld test a new organism in containment if the new organism is a genetically modiﬁed organism.
(2) An approval— (a) must include controls to ensure that, after the end of the development or ﬁeld test, the organism and any herita­ ble material from the organism is removed or destroyed; and (b) may include controls to ensure that, after the end of the development or ﬁeld test and after heritable material is removed or destroyed, some or all of the genetic elem­ ents remaining from the organism are removed or de­ stroyed.
In subsection (2), destroyed includes leaving genetic elements to break down or become inactive at the site of the develop­ ment or ﬁeld test.

Section 45A was inserted, as from 28 May 2002, by section 8(1) Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amend­ ment Act 2002 (2002 No 13).
See section 8(2) Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13) as to section 45A not applying in relation to applications for approvals to develop new organisms in containment made before 1 April 2002.

See section 10 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13) for the transitional provision.
(3) 45B Animals in circus or zoological garden deemed approved under section 255 The Authority may, for a deemed approval under section 255,— (a) include controls that provide for each of the applicable matters speciﬁed in Schedule 3; and include controls that provide for any other matters in order to give effect to the purpose of this Act; and remove or vary the conditions imposed under section 255 that the organism remains at a particular place.
(b) (c) Section 45B was inserted, as from 30 October 2003, by section 27 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
83 Part 5 s 46 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Use of hazardous substances and new organisms in emergencies 46 Meaning of emergency (1) For the purposes of section 30(c) and sections 47 to 49 of this Act, emergency means— (a) An event involving the release of a new organism for which a national pest management strategy has been approved under section 68 of the Biosecurity Act 1993; or a state of emergency declared under the Civil Defence Emergency Management Act 2002; or An emergency as deﬁned in section 2 of the Fire Service Act 1975; or (b) (c) (d) An emergency declared under Part 9 of this Act; or (e) A marine oil spill emergency under the Maritime Transport Act 1994.
Sections 47 and 48 of this Act apply to every foreseeable emer­ gency where the importation, release, or use of the hazardous substance or new organism in that emergency is also foresee­ able.

Subsection (1)(b) was substituted, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33).

See sections 118 to 121 of that Act as to the transitional provisions.
Application for approval to use a hazardous substance or new organism in an emergency Every person intending to— (a) Import any hazardous substance for release in an emer­ gency; or Import any new organism for release in an emergency; or Release any new organism from containment in an emergency; or Release any hazardous substance from containment in an emergency; or Use any hazardous substance in an emergency in a man­ ner which would otherwise contravene the provisions of this Act or any regulations— (b) (c) (d) (e) (2) 47 (1) 84 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 48 (2) (3) shall, before importation or release or use, apply to the Au­ thority for approval to import or release or use.
Every application shall be in an approved form and shall in­ clude— (a) (b) Information to identify the substance or organism; and Information showing that the hazardous substance or new organism is necessary to deal with an emergency; and A proposed plan for dealing with the use of the sub­ stance or organism in the emergency; and (c) (d) All information relating to the effects of the substance or organism; and Such other information as may be prescribed.
(e) The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory dec­ laration.

(4) An applicant may, by written notice to the Authority, withdraw the application at any time.

Subsection (2) was amended, as from 31 December 2000, with application to new organisms, by section 18 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by substituting the words “an approved form” for the words “the prescribed form”.
See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

This amendment was brought into general effect as from 2 July 2001.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
48 (1) Determination of applications The Authority may approve or decline an application under section 47 of this Act, but may only decline the application if it is satisﬁed that— (a) The organism or substance is not necessary for use in the emergency; or If the application relates to a substance, the proposed plan does not adequately control the adverse effects of the substance; or If the application relates to a new organism, the pro­ posed plan does not adequately control the adverse ef­ fects of the organism or any inseparable organism (in­ cluding, but not limited to, adequate control of the or­ ganism if the organism is likely to establish an undesir­ (b) (c) 85 Part 5 s 49 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 able self­sustaining population, taking into account the ease of destroying such a population).
(2) When approving the substance or organism in accordance with subsection (1) of this section, the Authority shall impose the following controls: (a) (b) (c) That the substance or organism only be released when an emergency has been declared under this Act or de­ clared in accordance with the provisions of any other Act: That the organism or substance only be released for a speciﬁed type of emergency: That the organism or substance may only be released if the emergency is dealt with in accordance with a speci­ ﬁed plan which includes: (i) The measures which must be taken to avoid, rem­ edy, or mitigate any actual or potential adverse effects from the use of that substance or organ­ ism: The requirements for the disposal of the haz­ ardous substance and any waste products: (iii) The requirements for the eradication or control of (ii) any new organism.
The Authority shall give its decision in writing, including rea­ sons for the decision, give written notice of the decision to the applicant, and publicly notify it.

Exemptions from provisions of Act in emergencies Subject to sections 49A to 50, nothing in this Act shall apply to any hazardous substance or new organism required for use in an emergency where— The emergency; or (a) The use of the substance or organism in the emer­ (b) gency— was not foreseeable.
Section 49 was amended, as from 30 October 2003, by section 28 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substi­ tuting the words “sections 49A to 50” for the words “section 50 of this Act”.
(3) 49 86 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 49A Rapid assessment and approval of agricultural compounds and medicines in special emergencies The heading “Rapid assessment and approval of agricultural compounds and medicines in special emergencies” was inserted, as from 30 October 2003, by section 29 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
49A Interpretation In sections 49B to 49K,— adverse event includes, but is not limited to, any of the events or emergencies speciﬁed in section 46(1) agricultural compound means an agricultural compound (as deﬁned in section 2(1) of the Agricultural Compounds and Veterinary Medicines Act 1997) that is or contains a hazardous substance or a new organism government agency means— (a) a department speciﬁed in Schedule 1 of the State Sector Act 1988: a Crown entity speciﬁed in Schedule 4 of the Public Finance Act 1989 (b) interested government agency means a government agency that, in the opinion of the Authority, is likely to have an interest in the approval of an agricultural compound or medicine in a special emergency medicine means a medicine (as deﬁned in section 3 of the Medicines Act 1981) that is or contains a hazardous substance or new organism responsible Minister means the Minister who, under the au­ thority of any warrant or with the authority of the Prime Min­ ister, is for the time being responsible for the administration of— (a) (b) this Act; or the Agricultural Compounds and Veterinary Medicines Act 1997; or the Biosecurity Act 1993; or the Conservation Act 1987; or the Fisheries Act 1996; or the Health Act 1956; or (c) (d) (e) (f) 87 Part 5 s 49B Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 the Medicines Act 1981 (g) special emergency means a special emergency declared under section 49B.
Sections 49A to 49K were inserted, as from 30 October 2003, by section 29 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

49B Declaration of special emergency (1) A responsible Minister may declare an adverse event to be a special emergency if the adverse event is a matter that comes within the Minister’s portfolio.
(2) A declaration of a special emergency— (a) must be notiﬁed or published in the Gazette as soon as practicable after the special emergency is declared; and is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.

(b) (3) A special emergency expires— (a) (b) on the close of the date (if any) speciﬁed in the declar­ ation as the expiry date; or if paragraph (a) does not apply, then on the close of a date speciﬁed by notice in the Gazette as the date of expiry of the emergency.
Sections 49A to 49K were inserted, as from 30 October 2003, by section 29 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

49C Application of sections 49D to 49K Sections 49D to 49K apply to a special emergency whether or not— (a) (b) the special emergency is foreseeable; and the importation, release, or use of an agricultural com­ pound or medicine in the special emergency is foresee­ able.
Sections 49A to 49K were inserted, as from 30 October 2003, by section 29 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

49D Application for approval to use agricultural compound or medicine in special emergency (1) A person who does not have approval under this Act to do a thing speciﬁed in subsection (2) may apply to the Authority to do the thing in a special emergency.
88 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 49E (2) (3) The things are— (a) import any agricultural compound or medicine for re­ lease; or (c) (b) manufacture an agricultural compound or medicine that is a hazardous substance otherwise in containment; or release any agricultural compound or medicine from containment; or use any agricultural compound or medicine in a manner that would contravene this Act or any regulations.
(d) For the purposes of subsection (1),— (a) it does not matter whether the application is made or approved before or after the special emergency has been declared: the applicant may import, release, or use the agricul­ tural compound or medicine before the declaration of the special emergency has been notiﬁed or published in the Gazette.

(b) Sections 49A to 49K were inserted, as from 30 October 2003, by section 29 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
49E Contents of application (1) An application under section 49D must be in the approved form and must include information required by the Author­ ity that, having regard to the particular circumstances of the special emergency, the applicant can provide to the Authority in the time available.
(2) Without limiting subsection (1), the Authority may require the following information: (a) information to identify the agricultural compound or medicine and the hazardous substance or new organism that is or is contained in the agricultural compound or medicine; and information showing that the agricultural compound or medicine is necessary to deal with the special emer­ gency; and a proposed plan for dealing with the use of the agricul­ tural compound or medicine in the special emergency; and any reports by experts available from— (b) (c) (d) 89 Part 5 s 49F Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (e) (f) (g) (h) (i) (j) the applicant: any overseas regulatory agencies; and (i) (ii) written conﬁrmation by the applicant that the agricul­ tural compound or medicine satisﬁes all relevant manu­ facturing practices and standards; and information on whether the agricultural compound or medicine has been approved for use in an overseas country; and information on whether approval for use of the agri­ cultural compound or medicine has been declined in an overseas country; and information on the nature of the special emergency; and information on the nature of the agricultural compound or medicine; and information on the labelling of the agricultural com­ pound or medicine; and all other prescribed information (if any).
(3) (k) The Authority may, by written notice given to the applicant, require the applicant to verify the application by statutory dec­ laration.

(4) An applicant may, by written notice to the Authority, withdraw the application at any time.

Sections 49A to 49K were inserted, as from 30 October 2003, by section 29 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
49F Determination of applications (1) As soon as practicable after receiving an application under sec­ tion 49D, the Authority must complete a rapid assessment of the application and decide whether to approve or decline the application.
In determining whether to approve or decline the application, the Authority must— (a) (2) consult, and have particular regard to the views of, the Department of Conservation; and consult and consider the views of any other interested government agency; and consider all the information on the matters speciﬁed in section 49E that, having regard to the particular circum­ (b) (c) 90 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 49H stances of the special emergency, the applicant can pro­ vide to the Authority in the time available.
(3) The Authority may decline the application only if it is satisﬁed that— (a) (b) (c) the agricultural compound or medicine is not necessary for use in the special emergency; or if the application relates to a hazardous substance, the proposed plan does not adequately control the adverse effects of the hazardous substance; or if the application relates to a new organism, the pro­ posed plan does not adequately control the adverse ef­ fects of the new organism or any inseparable organism (including, but not limited to, adequate control of the or­ ganism if the organism is likely to establish an undesir­ able self­sustaining population, taking into account the ease of destroying such a population).
Sections 49A to 49K were inserted, as from 30 October 2003, by section 29 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
49G Controls attaching to approval of application If the Authority approves an application under section 49F, the Authority must impose the control that the agricultural com­ pound or medicine may be released only if the special emer­ gency is dealt with in accordance with the speciﬁed plan, and the plan includes— (a) the measures that must be taken to avoid, remedy, or mitigate any actual or potential adverse effects from the use of the agricultural compound or medicine: the requirements for the disposal of the agricultural compound or medicine and any waste products: the requirements for the eradication or control of any new organism.
(b) (c) Sections 49A to 49K were inserted, as from 30 October 2003, by section 29 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

49H Notiﬁcation or publication of approval of application (1) An approval under section 49F and the reasons for the ap­ proval must be notiﬁed or published in the Gazette.
The notiﬁed or published approval— (2) 91 Part 5 s 49I Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (a) must describe the special emergency to which it relates; and (3) (b) must specify where a copy of the plan for dealing with the use of the agricultural compound or medicine in the special emergency may be inspected or obtained; but need not specify what the approval has been granted for.
(c) If the approval is only notiﬁed in the Gazette,— (a) the notice must specify where a copy of the approval may be inspected or obtained; and the Authority must make copies of the approval avail­ able for inspection free of charge, and for purchase at a reasonable cost, at the head ofﬁce of the Authority and at any other places that the Authority determines as ne­ cessary or appropriate.
(b) Sections 49A to 49K were inserted, as from 30 October 2003, by section 29 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

49I Effect of approval of release (1) An approval for the importation, release, or use of an agricul­ tural compound or medicine in a special emergency is limited to the importation, release, or use of the agricultural compound or medicine in the special emergency.
If an approval relates to a new organism, the organism does not cease to be a new organism because it is released in accordance with the approval.

Sections 49A to 49K were inserted, as from 30 October 2003, by section 29 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(2) 49J Duration of approval An approval under section 49F takes effect on the day speciﬁed in the approval, and expires on the earlier of— (a) the date of expiry (if any) of the special emergency spe­ ciﬁed by a responsible Minister in— (i) the declaration declaring the special emergency; or a later declaration declaring that the special emer­ gency has ceased; or (ii) 92 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 49L (b) the date of expiry (if any) speciﬁed by the Authority in the approval, which must not be later than the date of expiry of the special emergency; or if paragraph (a) or paragraph (b) does not apply, 2 years after the date on which the approval is granted.
Sections 49A to 49K were inserted, as from 30 October 2003, by section 29 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

(c) 49K Consequences of expiry of approval On the expiry of an approval under section 49F that relates to a hazardous substance or new organism, the hazardous sub­ stance or new organism must be disposed of unless, before the expiry of the approval, the applicant has, under any other pro­ vision of this Act, been granted an approval.
Sections 49A to 49K were inserted, as from 30 October 2003, by section 29 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Rapid assessment and approval of other hazardous substances in special emergencies This heading was inserted, as from 22 December 2005, by section 14 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
49L Rapid assessment and approval of other hazardous (1) (2) substances in special emergencies Sections 49A to 49K apply, with all necessary modiﬁcations, to the rapid assessment and approval of other hazardous sub­ stances in special emergencies.

In this section, other hazardous substances means hazardous substances that are not already covered by sections 49A to 49K by virtue of being contained in an agricultural compound or a medicine.
Section 49L was inserted, as from 22 December 2005, by section 14 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

93 Part 5 s 50 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Prohibited list organisms 50 (1) (2) Prohibited organisms The importation or release or development of any organism speciﬁed in Schedule 2 is prohibited.
The Governor­General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2 to— (a) add a new organism that the Authority has, under sub­ section (3), recommended to the Minister be included in the schedule: add a new organism, or group or groups of new organ­ isms, that have adverse effects on the health and safety of people or the environment: remove an organism or group of organisms, but only if the organism was inserted by Order in Council.
(b) (c) (3) (2A) Subsection (2) applies subject to section 141.

(2B) An organism in Schedule 2 that is prescribed as not a new organism in regulations made under section 140(1)(ba) is to be treated as if it had been removed from that schedule.
The Authority may, after declining any application made under this Act in relation to an organism, recommend to the Minister that an Order in Council be made to include the organism in Schedule 2, where the Authority is satisﬁed that— (a) The organism is likely to have any of the effects de­ scribed in section 36 of this Act; and (b) Any likely adverse effects which may occur should the organism escape from containment would outweigh any likely beneﬁcial effects of allowing the organism to be imported into containment.
The Authority, when making a recommendation under subsec­ tion (3) of this section, may advise the Minister that a group of organisms should be included in Schedule 2 if it is difﬁcult for persons to distinguish between high­risk and low­risk mem­ bers of that group.

Every Order in Council made under this section shall be deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989.
Subsection (1) was amended, as from 30 October 2003, by section 30(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by (4) (5) 94 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 51 substituting the expression “Schedule 2” for the words “the Second Schedule to this Act”.

Subsection (2) was substituted, as from 30 October 2003, by section 30(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Subsections (2A) and (2B) were inserted, as from 30 October 2003, by section 30(2) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Subsections (3) and (4) were amended, as from 30 October 2003, by section 30(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the expression “Schedule 2” for the words “the Second Schedule to this Act”.
Transhipment Transhipment of substances and organisms 51 (1) Nothing in this Act shall apply to any hazardous substance or new organism transhipped through New Zealand where any person has— (a) Received approval from the Authority to tranship the hazardous substances or new organism; and Complied with any controls that the Authority has im­ posed on the transhipment.
(b) (2) The Authority— (a) Shall decline approval to tranship any organism speci­ ﬁed in Schedule 2: (b) May, within 10 working days after receipt of the appli­ cation— (i) Decline approval to tranship any hazardous sub­ stance or new organism if the Authority consid­ ers that the substance or organism cannot be ad­ equately contained so as to prevent the environ­ ment from being exposed to the substance or or­ ganism or any adverse effects of the substance or organism; or (ii) Approve the transhipment of any hazardous sub­ stance or new organism with such controls as the Authority thinks ﬁt.
Subsection (2)(a) was amended, as from 30 October 2003, by section 31 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the expression “Schedule 2” for the words “the Second Schedule to this Act”.
95 Part 5 s 52 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Procedure for assessment 52 Applicant may be required to provide further information (1) Where the Authority considers that an applicant is able to pro­ vide further relevant information, the Authority may, by writ­ ten notice given to the applicant not later than 10 working days after the receipt of the application, require the applicant to sup­ ply such further information relating to the application as is speciﬁed in the notice.
(2) Where the applicant fails to comply with any request made in accordance with subsection (1) of this section within 1 year after the date of the request, the application shall lapse.
Applications required to be publicly notiﬁed The following applications shall be publicly notiﬁed by the Authority: (a) An application, under section 28 of this Act, to im­ port for release or manufacture for release any haz­ ardous substance, if the application has not been ap­ proved under section 28A: an application under section 38A for a conditional re­ lease approval for a new organism: (ab) (b) An application, under section 34 of this Act, to import for release any new organism, if the application has not been approved under section 35 or section 38I of this Act: An application, under section 34 of this Act, to release any new organism from containment, if the application has not been approved under section 38I: (c) (d) An application, under section 40 of this Act, to ﬁeld test (e) (f) a genetically modiﬁed organism: An application under section 47 of this Act to import, release, or use a hazardous substance or a new organism in an emergency.
an application under section 96B to issue, amend, or revoke a group standard.
The Authority may, if it considers that there is likely to be sig­ niﬁcant public interest, publicly notify any application under section 40 to— 53 (1) (2) 96 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 53 (a) (b) import into containment any new organism or develop any new organism (other than a genetically modiﬁed organism) in containment; or develop any genetically modiﬁed organism in contain­ ment, if that application has not been approved in ac­ cordance with section 42 or section 42A or section 42B.
(3) The public notice shall state— (a) That any person may make a written submission on the application; and (b) A closing date for receipt of submissions by the Author­ (c) ity; and The place where the application and accompanying in­ formation may be viewed, and the address for service of the Authority and the applicant unless that information has been withheld— (i) In accordance with the Ofﬁcial Information Act 1982; or In accordance with this Act.
(ii) (4) (c) The Minister; and The Authority shall, upon receipt of the application, notify— (a) (b) Any department listed in Schedule 1 to the State Sector Act 1988 and any Crown entity which, in the opinion of the Authority, is likely to have an interest in the appli­ cation; and If the application is an application for approval of a new organism,— (i) (ii) The Department of Conservation; and any local authority (within the meaning of the Local Government Act 2002) if, in the opinion of the Authority, the local authority is likely to have an interest in the application.
Subsection (1)(a) was amended, as from 31 December 2000, with application to new organisms, by section 19(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by inserting the words “, if the application has not been approved under section 28A”.

See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

This amendment was brought into general effect as from 2 July 2001.
See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Subsection (1)(ab) was inserted, as from 30 October 2003, by section 32(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
97 Part 5 s 53A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Subsection (1)(b) was amended, as from 30 October 2003, by section 32(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by inserting the words “or section 38I” after the expression “section 35”.
Subsection (1)(c) was amended, as from 30 October 2003, by section 32(3) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by inserting the words “, if the application has not been approved under section 38I”.

Subsection (1)(f) was inserted, as from 22 December 2005, by section 15 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123).

See section 26 of that Act as to pre­commence­ ment consultation on group standards.
Subsection (2) was substituted, as from 31 December 2000, with application to new organisms, by section 19(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

This substitution was brought into general effect as from 2 July 2001.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Subsection (2)(b) was amended, as from 30 October 2003, by section 32(4) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by inserting the words “or section 42A or section 42B”.

Subsection (3)(b) was amended, as from 7 May 1999, by section 5 Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by omit­ ting the words “, being not later than 30 working days after the date of public notiﬁcation”.
Subsection (3)(c)(ii) was amended, as from 7 May 1999, by section 15(b) Haz­ ardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by omitting the expression “section 55(3) of”.

Subsection (4)(b) was amended, as from 25 January 2005, by section 37(1) Pub­ lic Finance Amendment Act 2004 (2004 No 113) by omitting the words “listed in Schedule 4 to the Public Finance Act 1989”.
Subsection (4)(c)(ii) was substituted, as from 30 October 2003, by section 32(5) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

53A Method of public notiﬁcation (1) The Authority may, if it thinks ﬁt, determine a method of pub­ lic notiﬁcation of the applications referred to in section 53.

The method must, in the Authority’s opinion, be a means of providing effective public notiﬁcation at reasonable cost.
Before determining a method of public notiﬁcation under sub­ section (1), the Authority must— (a) (b) publicly notify the method it proposes to determine; and allow the period of time that the Authority thinks ﬁt for any person who may be affected by the proposed (2) (3) 98 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 55 (4) method to comment in writing to the Authority on whether the proposed method is reasonable; and consider any comments made in accordance with para­ graph (b).
(c) The Authority must, as soon as practicable after determining a method of public notiﬁcation in accordance with this section, publicly notify the method in accordance with paragraph (b) of the deﬁnition of public notice in section 2(1).

Section 53A was inserted, as from 31 December 2000, with application to new organisms, by section 20 Hazardous Substances and New Organisms Amend­ ment Act 2000 (2000 No 89).
See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

This insertion was brought into general effect as from 2 July 2001.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Submission on application 54 (1) Any person may make a written submission on any publicly (2) (3) notiﬁed application to the Authority.
The submission— (a) (b) May state any decision sought; and (c) Shall state the reasons for making the submission; Shall state whether the person making the submission wishes to be heard.

The Authority shall forward a copy of every submission to the applicant as soon as reasonably practicable after receipt of it by the Authority.
Information held on behalf of applicant 55 (1) Where any person— (a) (b) (c) Supplies any information to the Authority; and The information is likely to relate to an application for approval; and The relevant application has not yet been lodged with the Authority,— the information shall be held by the Authority on behalf of that person; and the provisions of the Ofﬁcial Information Act 1982 shall not apply to that information until the relevant ap­ plication has been received by the Authority.
99 Part 5 s 55 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (2) Where any information supplied under subsection (1) of this section is held by the Authority on behalf of any person, that information shall be returned upon request.
(3) Where— (a) any information is held by the Authority relating to any application made under this Act in respect of a haz­ ardous substance or new organism; and the substance or organism that is the subject of the ap­ plication is also the subject of an innovative medicine application as deﬁned in section 23A of the Medicines Act 1981; and That information includes trade secrets or information that has commercial value that would be, or would be likely to be, diminished by disclosure,— (b) (c) (4) the provisions of sections 23A to 23C of the Medicines Act 1981, with the necessary modiﬁcations, shall apply to that in­ formation as if the information were conﬁdential supporting information as deﬁned in section 23A of that Act.
The provisions of sections 23A to 23C of the Medicines Act 1981, with the necessary modiﬁcations, shall also apply to the Authority in respect of the information referred to in subsec­ tion (3) of this section as if the Authority were the Minister of Health, and as if references in those sections to applications were references to applications in respect of hazardous sub­ stances or new organisms; but— (a) The protected period (as deﬁned in section 23A of the Medicines Act 1981) shall be the same period for which the information is protected under the Medicines Act 1981; and The Authority may disclose the information to any pre­ scribed person or organisation or prescribed class of persons or organisations; and The Authority shall provide a summary of the effects of any substance or organism in respect of which subsec­ tion (3) of this section applies where an application for approval is required to be publicly notiﬁed in accord­ ance with section 53 of this Act.
(b) (c) (4A) Where— 100 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 55 (a) (b) (c) any information is held by the Authority relating to any application made under this Act in respect of a haz­ ardous substance or new organism; and the substance or organism that is the subject of the ap­ plication is also the subject of an innovative agricul­ tural compound application as deﬁned in Part 6 of the Agricultural Compounds and Veterinary Medicines Act 1997; and That information includes trade secrets or information that has commercial value that would be, or would be likely to be, diminished by disclosure,— the provisions of Part 6 of the Agricultural Compounds and Veterinary Medicines Act 1997, with the necessary modiﬁca­ tions, apply to that information as if the information were con­ ﬁdential supporting information as deﬁned in that Part of that Act.
(4B) The provisions of Part 6 of the Agricultural Compounds and Veterinary Medicines Act 1997, with the necessary modiﬁca­ tions, apply to the Authority in respect of the information re­ ferred to in subsection (4A) as if the Authority were the Dir­ ector­General, and as if references in those sections to appli­ cations were references to applications in respect of hazardous substances or new organisms; but— (a) The protected period (as deﬁned in Part 6 of the Agricultural Compounds and Veterinary Medicines Act 1997) is the same period for which the information is protected under the Agricultural Compounds and Veterinary Medicines Act 1997; and The Authority may disclose the information to any pre­ scribed person or organisation or prescribed class of persons or organisations; and The Authority must provide a summary of the effects of any substance or organism in respect of which subsec­ tion (4A) applies where an application for approval is required to be publicly notiﬁed in accordance with sec­ tion 53 of this Act.
(b) (c) (5) (6) 101 Part 5 s 55 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 The Governor­General may, from time to time, by Order in Council, make regulations prescribing persons or organisa­ tions or classes of persons or organisations for the purposes of subsections (4)(b) and (4B)(b) of this section.

Subsection (3)(a) was substituted, as from 30 October 2003, by section 33(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Subsection (3)(b) was amended, as from 30 October 2003, by section 33(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the words “the substance or organism that is the subject of the ap­ plication” for the words “That substance”.

Subsection (4) was amended, as from 30 October 2003, by section 33(3)(a) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by inserting the words “or new organisms” after the words “hazardous sub­ stances”.
Subsection (4) was amended, as from 30 October 2003, by section 33(3)(b) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by inserting the words “or organism” after the word “substance”.

Subsection (4A) was inserted, as from 2 July 2001, by section 85 Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87).

See Part 8 (comprising sections 87 to 122) of that Act as to the transitional provi­ sions.
See clause 2 Agricultural Compounds and Veterinary Medicines Act Commencement Order 2001 (SR 2001/100).

Subsection (4A)(a) was substituted, as from 30 October 2003, by section 33(4) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Subsection (4A)(b) was amended, as from 30 October 2003, by section 33(5) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the words “the substance or organism that is the subject of the application” for the words “That substance”.

Subsection (4B) was amended, as from 30 October 2003, by section 33(6)(a) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by inserting the words “or new organisms” after the words “hazardous substances”.
Subsection (4B) was amended, as from 30 October 2003, by section 33(6)(b) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by inserting the words “or organism” after the word “substance”.

Subsection (4B) was inserted, as from 2 July 2001, by section 85 Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87).

See Part 8 (comprising sections 87 to 122) of that Act as to the transitional provi­ sions.
See clause 2 Agricultural Compounds and Veterinary Medicines Act Commencement Order 2001 (SR 2001/100).

Subsections (5) and (6) were repealed, as from 2 July 2001, by section 85 Agri­ cultural Compounds and Veterinary Medicines Act 1997 (1997 No 87).

See Part 8 (comprising sections 87 to 122) of that Act as to the transitional pro­ visions.

See clause 2 Agricultural Compounds and Veterinary Medicines Act Commencement Order 2001 (SR 2001/100).
(7) 102 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 57 Subsection (7) was amended by section 85 Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87) by substituting the expression “(4A)(b)” for the expression “(6)(b)”.

See Part 8 (comprising sections 87 to 122) of that Act as to the transitional provisions.

See clause 2 Agricultural Compounds and Veterinary Medicines Act Commencement Order 2001 (SR 2001/100).
Subsection (7) was amended, as from 30 October 2003, by section 33(7) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the expression “(4B)(b)” for the expression “(4A)(b)”.

56 Consideration of information withheld under Ofﬁcial Information Act 1982 Any information withheld from any person in accordance with section 9(2)(b) of the Ofﬁcial Information Act 1982 may be considered by the Authority in reaching a decision under this Act.
Authority to withhold information 57 (1) Where, in the Authority’s opinion, any information which has been supplied to the Authority in respect of any application may be able to be withheld under section 9(2)(b) of the Ofﬁcial Information Act 1982, that information shall not be released to any person when any application is publicly notiﬁed.
(2) Where— (a) The Authority receives a request to release any in­ formation held by the Authority under the Ofﬁcial Information Act 1982; and The information to which the request relates,— (i) In the Authority’s opinion, may be able to be withheld under section 9(2)(b) of that Act; or (b) (ii) Has been classiﬁed as commercially sensitive by the person who gave the information to the Au­ thority,— the Authority shall make all reasonable efforts to con­ tact and notify immediately the person who gave the in­ formation to the Authority that a request to release the information has been received.
(3) Where a person receives notice from the Authority under sub­ section (2) of this section, that person shall, within 10 working days of receipt of the notice, respond to the Authority stating 103 Part 5 s 58 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (4) 58 (1) whether that person believes that the information should be withheld under section 9(2)(b) of the Ofﬁcial Information Act 1982 and give reasons for that person’s belief.
The Authority may release the information or withhold the information in accordance with the Ofﬁcial Information Act 1982 if— (a) (b) Subsection (2) was amended, as from 30 October 2003, by section 34(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the words “make all reasonable efforts to contact and notify imme­ diately” for the words “immediately notify”.
Subsection (4) was substituted, as from 30 October 2003, by section 34(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

the Authority has complied with subsection (2); and the time limit speciﬁed in subsection (3) has expired.
Further information The Authority— (a) May commission a report or seek advice from any per­ son on any matters raised in relation to the application, including a review of any information provided by the applicant: (c) (b) May obtain any existing relevant information on the substance or organism which is the subject of the ap­ plication from any source: Shall consult with all departments or Crown entities notiﬁed of the application in accordance with section 53(4) of this Act and, where any application is for ap­ proval to import, develop, ﬁeld test, conditionally re­ lease, or release a new organism, have particular regard to any submissions made by the Department of Conser­ vation.
(1A) Any report, advice, or other information obtained under sub­ section (1) may be considered at any hearing conducted by the Authority.
(2) Where the Authority obtains further information under sub­ section (1) of this section, the Authority, at least 10 working days before commencement of the hearing or consideration, as the case may be, of the application, shall notify the ap­ plicant and every person who made a submission that the in­ formation is available for inspection, unless that information 104 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 59 has been withheld in accordance with section 9(2)(b) of the Ofﬁcial Information Act 1982.
(3) Where information is requested in accordance with subsection (1) of this section, the Authority may postpone the hearing or consideration of the application until the information has been received.

Subsection (1)(c) was amended, as from 30 October 2003, by section 35 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by inserting the words “conditionally release,” after the words “ﬁeld test,”.
Subsection (1A) was inserted, as from 31 December 2000, with application to new organisms, by section 21(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

This insertion was brought into general effect as from 2 July 2001.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Subsection (2) was amended, as from 31 December 2000, with application to new organisms, by section 21(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by substituting the expression “10” for the expression “15”.

See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

This amendment was brought into general effect as from 2 July 2001.
See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
59 (1) Time limits and waivers The Authority shall,— (a) Where public notiﬁcation of an application is required by section 53 of this Act, publicly notify that applica­ tion within 10 working days of receipt unless paragraph (b) applies to that application: if any of sections 28A, 35, 38I, 42, 42A, or 42B apply to the application,— (i) (b) make a rapid assessment of the application within 10 working days after receipt of the application; and if the application is not approved under one of those sections, publicly notify the application, if required under this Act, within 10 working days of the Authority’s decision.
(ii) (c) Allow 30 working days from the date of public notiﬁ­ cation for the receipt of submissions: 105 Part 5 s 59 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (e) (d) Fix a date for commencement of the hearing or (where there is no hearing) for consideration of the application, being not more than 30 working days after the receipt of the application or the closing date for submissions, whichever is the later: Give the applicant at least 10 working days’ notice of the commencement date and the time and place of the hearing or consideration of the application: Give every person who has made a submission on the application and who has stated his or her wish to be heard, at least 10 working days’ notice of the com­ mencement date and the time and place of the hearing.
The Authority shall publicly notify its decision as soon as rea­ sonably practicable but not later than 30 working days after the conclusion of the hearing or, where there is no hearing, the consideration of the application.
(f) (2) (3) A person may apply to the Authority to— (a) Waive a requirement of this Act or a regulation concern­ ing— (i) (ii) The time within which any action shall be carried out; or The information that shall be supplied; or (b) Give a direction concerning— (i) (ii) The time within which any action shall be carried out; or The terms, including terms as to adjournment, costs, or other matters, on which any information shall be supplied.
The Authority shall not extend or reduce any time period or grant an application under this section to waive a requirement as to the time within which any action shall be carried out unless it is satisﬁed that— (a) The applicant and the persons making submissions con­ sent to that waiver; or (b) Any of those parties who have not so consented will not be unduly prejudiced.
Subject to subsection (4) of this section, the Authority may at any time extend or reduce any time limit under this Act whether or not— (4) (5) 106 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 59 An application has been made under this section; or That time limit has expired,— (a) (b) but in all cases must ensure the matter is carried out as promptly as is reasonable in the circumstances.
Subsection (1) was amended, as from 31 December 2000, with application to new organisms, by section 22(1) Hazardous Substances and New Or­ ganisms Amendment Act 2000 (2000 No 89), by inserting the words “28A or section” before the expression “35” in each place that it occurs.

See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

This amendment was brought into general effect as from 2 July 2001.
See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Subsection (1)(a) was amended, as from 30 October 2003, by section 36(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the expression “paragraph (b)” for the words “section 28A or sec­ tion 35 or section 42 of this Act”.
Subsection (1)(b) was substituted, as from 30 October 2003, by section 36(2) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Subsection (1)(d) was amended, as from 31 December 2000, with application to new organisms, by section 22(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89), by substituting the expression “30” for the expression “25”.

See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
This amendment was brought into general effect as from 2 July 2001.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Subsection (2) was amended, as from 30 October 2003, by section 36(3) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the words “as soon as reasonably practicable but not later than 30 working days” for the words “not later than 15 working days”.
Subsection (4) was amended, as from 31 December 2000, with application to new organisms, by section 22(3) Hazardous Substances and New Organ­ isms Amendment Act 2000 (2000 No 89), by inserting the words “or reduce” after the words “extend”.

See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

This amendment was brought into general effect as from 2 July 2001.
See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Subsection (5) was amended, as from 31 December 2000, with application to new organisms, by section 22(4) Hazardous Substances and New Organ­ isms Amendment Act 2000 (2000 No 89), by inserting the words “or reduce” after the words “extend”.

See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
This amendment was brought into general effect as from 2 July 2001.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
107 Part 5 s 60 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 60 61 (1) (2) (3) (4) Obligation to hold hearing A hearing of any application need not be held unless— (a) (b) The Authority considers that a hearing is necessary; or The applicant has made a written request to the Author­ ity for a hearing; or A person who has made a submission stated in that sub­ mission that he or she wishes to be heard and has not subsequently advised that he or she does not wish to be heard.
(c) Provisions relating to hearings The Authority shall consider and decide any application, other than an application which is the subject of a Ministerial direc­ tion under section 68 of this Act.

The Authority shall keep a record of all proceedings before it.
For the purpose of considering any application, the Authority shall have the same powers as are conferred on a Commis­ sion of Inquiry by the Commissions of Inquiry Act 1908; and sections 4, 4B, 4D, 6, 7, 9, 11, and 12 of that Act shall apply accordingly.

The members of the Authority shall have, in relation to any such consideration and any decision on any matter, the same immunities and privileges as are possessed by a District Court Judge.
(4A) Subsection (4) applies despite section 121 of the Crown (5) Entities Act 2004.

Every summons to a witness to appear at a hearing shall be in an approved form and be signed by the person chairing the hearing.

(6) All allowances for a witness shall be paid by the party on whose behalf the witness is called.
The Authority shall hold any hearing of a publicly notiﬁed application in public and shall establish a procedure that is appropriate and fair in the circumstances and may— (a) (b) (c) Permit cross­examination; or Permit questions in clariﬁcation; or Permit only the members of the Authority to question any person.
(7) 108 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 62 (8) At the hearing the applicant and any person who made submis­ sions and stated that they wished to be heard may speak (either personally or through a representative) and call evidence.

(9) Where any person who has stated that he or she wished to be heard fails to appear at the hearing, the Authority may never­ theless proceed with the hearing if it considers it fair and rea­ sonable to do so.
Subsection (4A) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subsection (5) was amended, as from 31 December 2000, with application to new organisms, by section 23 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89), by substituting the words “an approved form” for the words “the prescribed form”.

See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
This amendment was brought into general effect as from 2 July 2001.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Subsection (7) was amended, as from 7 May 1999, by section 6 Hazardous Sub­ stances and New Organisms Amendment Act 1999 (1999 No 35) by substituting the words “hearing of a publicly notiﬁed application” for the words “publicly notiﬁed hearing”.
Grounds for reassessment of a substance or organism Any person; or The chief executive of the Authority— 62 (1) — (a) (b) may at any time request the Authority to decide whether there are grounds for reassessing any new organism in containment, any conditionally released new organism, any qualifying or­ ganism released with controls, or any hazardous substance where that organism or substance has previously been assessed by the Authority or where Parts 11 to 16 of this Act apply to that substance or organism.
(2) Where any request has been made under subsection (1) of this section, the Authority may decide that grounds exist to reassess that substance or organism after taking into account that— (a) Signiﬁcant new information relating to the effects of the substance or the organism has become available; or (b) Another substance with similar or improved beneﬁcial effects and reduced adverse effects has become avail­ able; or 109 Part 5 s 63 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (3) (4) (c) Information showing a signiﬁcant change of use, or a signiﬁcant change in the quantity manufactured, im­ ported, or developed has become available.
The Authority shall give its decision under subsection (2) of this section in writing, with reasons, to the applicant.

For the purposes of subsection (1) of this section, assessed by the Authority means a decision under any of sections 28A,29, 32, 38C, 38I, 42, 42A, 42B, 45 or 48 of this Act or a decision by the Minister under section 73 of this Act, or a deemed as­ sessment under section 160A of this Act.
Subsection (1) was amended, as from 30 October 2003, by section 37(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by inserting the words “, any conditionally released new organism, any qualifying organism released with controls,” after the word “containment”.

Subsection (4) was amended, as from 7 May 1999, by section 15(c) Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by substi­ tuting the expression “73” for the expression “68”.
Subsection (4) was amended, as from 2 July 2001, by section 24 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by in­ serting the expression “28A,” after the words “any of sections”.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Subsection (4) was amended, as from 30 October 2003, by section 37(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the expression “38C, 38I, 42, 42A, 42B,” for the expression “42”.

Subsection (4) was amended, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7) by substituting the expression “160A” for the ex­ pression “160(l)(a)”.
Reassessment 63 (1) Any person or the chief executive of the Authority may re­ quest the Authority to proceed with a reassessment following a decision under section 62(3) of this Act.
(2) A reassessment under this section shall be deemed to be an application and shall be publicly notiﬁed in accordance with section 53 of this Act and— (a) Section 29 and sections 54 to 61 of this Act shall apply with all necessary modiﬁcations to a reassessment of a hazardous substance approved under section 28A or section 29 of this Act: 110 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 63A (b) (c) (ca) (cb) (d) Sections 30 and 32 of this Act shall apply with all ne­ cessary modiﬁcations to a reassessment of a hazardous substance approved under section 32 of this Act: Sections 39 to 45 and sections 54 to 61 of this Act shall apply with all necessary modiﬁcations to a reassessment of a new organism in containment approved under sec­ tion 45 of this Act: sections 38A to 38D and 54 to 61 apply with all neces­ sary modiﬁcations to a reassessment of a conditional re­ lease approval: sections 38I to 38L and 54 to 58 apply with all necessary modiﬁcations to a reassessment of a qualifying organ­ ism released with controls: Sections 47 and 48 and sections 54 to 61 of this Act shall apply with all necessary modiﬁcations to a reassessment of a hazardous substance or new organism for use in an emergency approved under section 48 of this Act.
(3) However, a reassessment of a qualifying organism released with controls is not required to be publicly notiﬁed in accord­ ance with section 53.

Subsection (2)(a) was amended, as from 2 July 2001, by section 25 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by inserting the words “section 28A or” after the word “under”.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Subsection (2)(ca) and (cb) was inserted, as from 30 October 2003, by section 38(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Subsection (3) was inserted, as from 30 October 2003, by section 38(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
63A Modiﬁed reassessment procedure for amendments to approvals of hazardous substances (1) Despite anything to the contrary in this Act, the Authority may, following a decision under section 62(2), reassess a hazardous substance in accordance with this section if the Authority con­ siders that— (a) a reassessment of the hazardous substance under sec­ tion 63 is not appropriate because the reassessment will involve only a speciﬁc aspect of the approval; and 111 Part 5 s 63A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (b) the amendment is not a minor or technical amendment to which section 67A applies.
(2) A reassessment under this section— (a) may vary the controls that attach to a hazardous sub­ stance, or the description of a hazardous substance, or both; but (b) may not revoke an approval given to a hazardous sub­ stance under this Act to import or manufacture the sub­ stance.

(4) (3) A reassessment under this section is deemed to be an applica­ tion, and sections 55 to 61 apply with all necessary modiﬁca­ tions.
The Authority may reassess a hazardous substance under this section without publicly notifying the reassessment in accord­ ance with section 53.
If the Authority does not publicly notify the reassessment in accordance with section 53, the Authority must— (a) (5) (b) do everything reasonably practicable on its part to con­ sult with all persons who, in its opinion, may be affected by the reassessment; and give those persons a reasonable opportunity to make submissions and comments to the Authority on the re­ assessment; and (c) consider all submissions and comments received.
The Authority may approve or decline an application for re­ assessment under this section as it considers appropriate after taking into account— (a) (b) all the effects associated with the reassessment; and the best international practices and standards for the safe management of hazardous substances.

Section 77 applies to any hazardous substance that is approved under this section.

Section 65(e) applies, with all necessary modiﬁcations, to a reassessment under this section.
Section 63A was inserted, as from 22 December 2005, by section 16 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
(6) (7) (8) 112 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 66 64 65 Suspension of approvals during reassessment Where a decision to reassess any hazardous substance has been publicly notiﬁed under section 63(2) of this Act, and the Au­ thority has reasonable cause to believe that there is signiﬁcant actual or imminent danger to human health or safety or the environment from the continued use of the substance, the Au­ thority, by notice in the Gazette, may direct that any further use of the substance is prohibited until such time as a decision has been made following the reassessment.
No compensation following reassessment Where any hazardous substance or new organism is reassessed in accordance with section 63 of this Act, no compensation shall be payable to any person for any loss where the Author­ ity— (a) Declines to allow any further importation or manufac­ ture of that substance; or (b) Declines to approve the release of any new organism from containment; or Declines to approve any further importation, ﬁeld test­ ing, or development of any new organism in contain­ ment; or Suspends any approval in accordance with section 64 of this Act; or Varies the controls on any substance or organism.
(c) (d) (e) Requirement for disposing of substances 66 (1) Where any hazardous substance has been reassessed in accord­ ance with section 63 of this Act and the Authority has declined to allow any further importation or manufacture of that sub­ stance, the Authority may issue a direction, by notice in the Gazette, prohibiting the use of that substance and requiring that substance to be disposed of, at the owner’s expense, in accordance with the controls placed on it by the Authority.
(2) Where the use of any hazardous substance is prohibited in accordance with subsection (1) of this section, the Authority may, if it thinks ﬁt, add to or vary the controls on disposal of that substance to control any additional adverse effects of dis­ 113 Part 5 s 66A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 posal of that substance in accordance with subsection (1) of this section, disclosed during reassessment.
66A Disposal of persistent organic pollutants If Schedule 2A does not specify a use for a persistent organic pollutant or a speciﬁed use has expired,— (a) (b) no person may use the substance; and the Authority may issue a direction, by notice in the Gazette, requiring the environmentally sound disposal of the persistent organic pollutant.

Section 66A was inserted, as from 23 December 2004, by section 11 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
67 Authority to direct disposal of new organisms Following any decision to— (a) Decline approval to release any new organism from containment; or (b) Decline approval to import, ﬁeld test, or develop any new organism,— the Authority may direct, the owner of any such organism already in New Zealand to dispose of the organism at the owner’s expense in accordance with the terms of the approval under which the organism was imported, ﬁeld tested, or devel­ oped.
67A Minor or technical amendments to approvals The Authority may, of its own motion, amend any approval given by it under this Part if it considers that the alteration is minor in effect or corrects a minor or technical error.

Section 67A was inserted, as from 31 December 2000, with application to new organisms, by section 26 Hazardous Substances and New Organisms Amend­ ment Act 2000 (2000 No 89).

See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
This insertion was brought into general effect as from 2 July 2001.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
114 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5 s 69 Minister’s call­in powers 68 Minister’s power to call in applications with signiﬁcant (1) effects The Minister may direct that he or she will decide an applica­ tion under this Act if the Minister considers that the decision on the application will have— (a) signiﬁcant cultural, economic, environmental, ethical, health, international, or spiritual effects; or signiﬁcant effects in an area in which the Authority lacks sufﬁcient knowledge or experience.
(b) The direction shall include the Minister’s reasons for giving it.

(2) (2A) Sections 114 and 115 of the Crown Entities Act 2004 do not apply to a direction under subsection (1).

(2B) This section applies despite section 113 of the Crown Entities Act 2004.
(3) Where the application is for approval to release from contain­ ment any new organism, the Minister, in the Minister’s discre­ tion, may include in the direction given under subsection (1) of this section a statement specifying, in the circumstances of the particular case, what is or is not signiﬁcant for the purposes of applying section 36 of this Act in respect of the application.
Subsection (1) was substituted, as from 30 October 2003, by section 39 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Subsections (2A) and (2B) were inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Notiﬁcation of Minister’s direction 69 (1) A direction by the Minister under section 68 of this Act is not effective in respect of any application unless the direction is notiﬁed in the Gazette not later than 30 working days after the date on which the Authority gives public notice of the appli­ cation.
The Minister shall forward a copy of the Gazette notice under subsection (1) of this section to the Authority; and the Author­ ity shall inquire into and report on the application concerned under sections 71 and 72 of this Act.
Subsection (1) was amended, as from 30 October 2003, by section 40 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substi­ tuting the words “30 working days after the date on which the Authority gives (2) 115 Part 5 s 70 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 public notice of the application” for the words “15 working days after receipt, by the Authority, of the application”.
70 Minister may appoint persons Where the Minister directs that the Minister will decide any application in accordance with section 68 of this Act, the Min­ ister may appoint any person or persons with relevant know­ ledge or experience to sit with the Authority and exercise the power of a member of the Authority under sections 71 and 72 of this Act.
(2) Conduct of inquiry by Authority 71 (1) On receipt of a notice under section 69 of this Act, the Author­ ity shall inquire into any application for an approval to which a direction under section 68 of this Act applies.

The Authority may require further information under section 52 of this Act in respect of any application to which such a direction applies.
Sections 53 to 61 of this Act apply, with all necessary modiﬁ­ cations, in respect of such an inquiry as if the conduct of the inquiry were the hearing of an application.

The Authority— (a) must hold an inquiry in public; and (b) must consider— (3) (4) (i) (ii) all matters under this Act relevant to the applica­ tion; and the Minister’s reasons for giving the direction under section 68.
Subsection (4) was substituted, as from 30 October 2003, by section 41 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Authority to report to Minister 72 (1) On completion of an inquiry under section 71 of this Act, the Authority shall, as soon as practicable, submit to the Minister a written report (including recommendations and reasons) on the application referred to it by the Minister.
(2) After receiving a report from the Authority, the Minister shall ensure that— 116 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 5A s 73A (a) A copy of the report is sent to the applicant for any approval to which the report relates; and (b) A copy of the report is sent to every person who made a submission.
73 Minister to decide application and notify decision (1) When considering his or her decision on the application, the Minister shall have regard to— (a) (b) The report and recommendations of the Authority; and The reasons for calling in the application.
(2) Within 20 working days after receiving a report from the Au­ thority, the Minister shall give his or her decision in writing, including reasons for the decision, give written notice of the decision to the applicant and every person who made a sub­ mission, and publicly notify the decision.

Every decision by the Minister under this section may include such controls as may be imposed by the Authority under this Act, and shall have the same effect as a decision by the Au­ thority.
Subsection (3) was amended, as from 30 October 2003, by section 42 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by omitting the words “Part 6 of”.

(3) Part 5A Restrictions on approving certain applications [Repealed] Part 5A (comprising sections 73A to 73G) was inserted, as from 28 May 2002, by section 9 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13).
Part 5A (comprising sections 73A to 73G) was repealed, as from 30 October 2003, by section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

73A Interpretation [Repealed] Part 5A (comprising sections 73A to 73G) was inserted, as from 28 May 2002, by section 9 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13).
117 Part 5A s 73B Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Part 5A (comprising sections 73A to 73G) was repealed, as from 30 October 2003, by section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

73B Application [Repealed] Part 5A (comprising sections 73A to 73G) was inserted, as from 28 May 2002, by section 9 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13).
Part 5A (comprising sections 73A to 73G) was repealed, as from 30 October 2003, by section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

73C Authority must not consider or approve certain applications during restricted period [Repealed] Part 5A (comprising sections 73A to 73G) was inserted, as from 28 May 2002, by section 9 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13).
Part 5A (comprising sections 73A to 73G) was repealed, as from 30 October 2003, by section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

73D Additional information required for certain applications [Repealed] Part 5A (comprising sections 73A to 73G) was inserted, as from 28 May 2002, by section 9 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13).
Part 5A (comprising sections 73A to 73G) was repealed, as from 30 October 2003, by section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

73E Additional matters Authority must consider for certain applications [Repealed] Part 5A (comprising sections 73A to 73G) was inserted, as from 28 May 2002, by section 9 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13).
Part 5A (comprising sections 73A to 73G) was repealed, as from 30 October 2003, by section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

118 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6 s 75 73F No compensation [Repealed] Part 5A (comprising sections 73A to 73G) was inserted, as from 28 May 2002, by section 9 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13).
Part 5A (comprising sections 73A to 73G) was repealed, as from 30 October 2003, by section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

73G Expiry [Repealed] Part 5A (comprising sections 73A to 73G) was inserted, as from 28 May 2002, by section 9 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13).
Part 5A (comprising sections 73A to 73G) was repealed, as from 30 October 2003, by section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Part 6 Controls Hazard classiﬁcation system 74 75 (1) Establishment of hazard classiﬁcation system Subject to section 141 of this Act, the Governor­General may, from time to time, by Order in Council make regulations es­ tablishing a hazard classiﬁcation system by— (a) Prescribing for each intrinsic hazardous substance prop­ erty a number of degrees or types of hazard: Prescribing, for each intrinsic hazardous substance property, a degree of hazard below which any sub­ stance is not considered hazardous.
(b) Regulations prescribing hazard classiﬁcation control Subject to section 141 of this Act, the Governor­General may, from time to time, by Order in Council make regulations pre­ scribing controls for each hazard classiﬁcation for the follow­ ing purposes: (a) For substances with explosive properties: (i) To reduce the likelihood of an unintended explo­ sion: 119 Part 6 s 75 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (ii) To control the adverse effects likely to be caused by an explosion: (b) (c) (d) (e) (f) For substances with ﬂammable properties: (i) To reduce the likelihood of an unintended ﬁre or explosion: To control the adverse effects of any ﬁre or ex­ plosion: (ii) For substances with oxidising properties: (i) To reduce the likelihood of any unintended re­ lease of chemical energy as an explosion or ﬁre: To control the adverse effects of any release of chemical energy as an explosion or ﬁre: (ii) For substances with corrosive properties: (i) To reduce the likelihood of any unintended cor­ rosion: To control the adverse effects of any corrosion: (ii) For substances with toxic properties: (i) To reduce the likelihood of any unintended ex­ posure to any such substances: To control the adverse effects of any exposure to such substances: (ii) For substances with ecotoxic properties: (i) To reduce the likelihood of unintended exposure to any such substance: To control the adverse effects of any exposure to such substances: (ii) (g) Prescribing substances as substances which are not haz­ ardous for the purpose of this Act.
(2) Any regulations made under this section may require any spe­ ciﬁed person to obtain a test certiﬁcate at any speciﬁed time certifying that any prescribed requirement has been met.

(3) Any regulations made under subsection (1)(e) or (f) may— (a) (b) set, or provide for the setting of, exposure limits within a range of values, or according to a methodology: set, or provide for the setting of, exposure limits by adopting international values or international method­ ologies.
Subsection (3) was inserted, as from 22 December 2005, by section 17 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123).
120 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6 s 76 76 (1) Requirements for containers, identiﬁcation, disposal, emergencies, tracking, and ﬁreworks Subject to section 141 of this Act, the Governor­General may from time to time, by Order in Council, make regulations pre­ scribing controls in respect of any hazard classiﬁcations for the following purposes: (a) (b) (c) (d) (e) Prescribing requirements for packages or containers for hazardous substances: Prescribing requirements for specifying the identiﬁca­ tion, labelling, or advertising of hazardous substances: Prescribing requirements for disposal of hazardous sub­ stances: Prescribing requirements to manage any emergency in­ volving a hazardous substance: Prescribing systems for tracking hazardous substances which may include requirements that— (i) The whereabouts of the substance be recorded at all times or from time to time: The quantity of the substance be recorded: (ii) (iii) A person be identiﬁed as being in charge of the substance: (iv) Any person handling the substance holds pre­ scribed qualiﬁcations: (f) Prescribing qualiﬁcations, including requirements that a person be a member of any speciﬁed professional body or organisation, for any person handling a hazardous substance.
(2) Any requirements prescribed in accordance with paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) of this section shall comply with any relevant requirements prescribed by regulations made under section 75 of this Act.

(3) Any regulations made under this section may require any per­ son to obtain a test certiﬁcate at any speciﬁed time certifying that any speciﬁed requirement has been met.
(4) Despite section 18(1) of the Building Act 2004, regulations may be made prescribing requirements for stationary contain­ ers that require a person to achieve performance criteria that are additional to or more restrictive in relation to any building 121 Part 6 s 77 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 work than the performance criteria speciﬁed in the building code as deﬁned in section 7 of the Building Act 2004.
Section 76(4): substituted, on 20 September 2007, by section 5 of the Hazardous Substances and New Organisms Amendment Act 2007 (2007 No 61).

Controls on hazardous substances 77 (1) Where the Authority has approved the importation or manu­ facture of any substance under section 28A or section 29 of this Act, the Authority shall give that substance one or more haz­ ard classiﬁcations in accordance with the intrinsic properties of that substance and the degree of hazard of that substance.
The controls prescribed for each hazard classiﬁcation shall at­ tach to the substance, but may be varied,— (a) From time to time by amendments to the regulations prescribing controls for the relevant hazard classiﬁca­ tion: (2) (2A) (3) (b) At the time the substance is approved, in accordance with subsections (3), (4) and (5) of this section.
If regulations referred to in subsection (2)(a) are made, then, unless the Authority otherwise determines, the regulations do not affect any variations made by the Authority under subsec­ tions (3) to (5) before the commencement of the regulations.
The Authority may substitute or add any controls prescribed for any classiﬁcation,— (a) Where the adverse effects identiﬁed for a substance are greater than the adverse effects which would usually be associated with substances given that hazard classiﬁca­ tion; or (b) Where another substance with similar or improved beneﬁcial effects and reduced adverse effects has be­ come available and the availability of the substance should be restricted by the imposition of additional controls; or (c) Where the scientiﬁc and technical uncertainty in the available information is such that the adverse effects cannot be accurately identiﬁed.
(4) The Authority may substitute or delete any or all controls pre­ scribed for any classiﬁcation,— 122 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6 s 77A (a) Where the adverse effects identiﬁed for a substance are less than the adverse effects which would usually be associated with substances given that hazard classiﬁca­ tion; or (b) Where the beneﬁts of any substance are such that the controls should be varied to retain the beneﬁts and the variation would, in the opinion of the Authority, not signiﬁcantly increase the adverse effect.
(5) Where any substance is given 2 or more hazard classiﬁcations, the Authority shall combine the prescribed controls and im­ pose such of those controls as will control all of the adverse effects identiﬁed for the substance.

(6) Where any controls are varied or deleted in accordance with subsection (3) or subsection (4) of this section, the Authority shall ensure that the controls remain consistent over the whole lifecycle of the substance concerned.
(8) (7) Any restrictions and prohibitions on the sale of ﬁreworks pre­ scribed under section 140(1)(r) of this Act shall be in addition to any controls placed on ﬁreworks under this section to con­ trol their explosive properties.

The powers under sections 77A and 77B are in addition to the powers conferred by this section.
Subsection (1) was amended, as from 2 July 2001, by section 27 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89), by in­ serting the words “28A or section” before the expression “29”.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Subsection (2A) was inserted, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7).
Subsection (8) was inserted, as from 22 December 2005, by section 18 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123).

77A Authority’s power to impose controls and vary speciﬁed (1) controls The Authority may, at the time it approves a substance for any purpose under this Act, impose as controls under this section any obligations and restrictions that the Authority thinks ﬁt.
123 Part 6 s 77B Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (2) Without limiting anything in subsection (1), the Authority may,— (a) (b) in approving a substance, specify as a control under this section an obligation to obtain a permission under sec­ tion 95A for general or particular use of the substance: in approving a substance, specify as a control under this section an obligation to obtain a licence under section 95B for possession of the substance.
be additional to other speciﬁed controls; or vary other speciﬁed controls; or be in substitution for other speciﬁed controls; or combine other speciﬁed controls; or delete other speciﬁed controls.
(3) Obligations and restrictions imposed under this section are controls for the purposes of this Act, and such controls may— (a) (b) (c) (d) (e) Before imposing a control under this section, the Authority must be satisﬁed that, against any other speciﬁed controls that apply to the substance,— (a) (4) the proposed control is more effective in terms of its ef­ fect on the management, use, and risks of the substance; or the proposed control is more cost­effective in terms of its effect on the management, use, and risks of the sub­ stance; or the proposed control is more likely to achieve its pur­ pose.
(b) (c) (5) In this section, other speciﬁed controls means controls im­ posed by or under any other section of this Act, and includes controls imposed by regulations made under this Act.

Section 77A was inserted, as from 24 March 2004, by section 5 Hazardous Sub­ stances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).
77B Exposure limits for substances with toxic or ecotoxic properties (1) Despite anything to the contrary in this Act, the Authority may, at the time, or at any time after, it approves a substance with toxic or ecotoxic properties for any purpose under this Act,— 124 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6 s 77B (a) (b) set exposure limits for the substance or any element or compound making up the substance that the Authority thinks ﬁt; or provide for the setting of exposure limits for the sub­ stance or any element or compound making up the sub­ stance.
Exposure limits set under subsection (1) may comprise 1 or more of the following: (a) (b) (c) environmental exposure limits: tolerable exposure limits: workplace exposure standards.
(2) (3) Without limiting anything in subsection (1), the Authority may— (a) (b) (c) provide that all or any of the exposure limits set by it are for guidance only: set, or provide for the setting of, exposure limits within a range of values or according to a methodology: set, or provide for the setting of, exposure limits by adopting international values or international method­ ologies.
(4) (5) be additional to other speciﬁed exposure limits; or vary other speciﬁed exposure limits; or substitute other speciﬁed exposure limits; or combine other speciﬁed exposure limits; or delete other speciﬁed exposure limits.
Exposure limits imposed under this section are controls for the purposes of this Act, and such exposure limits may— (a) (b) (c) (d) (e) Before setting exposure limits under this section, the Authority must— (a) consider the best international practices and standards for the safe management of substances with toxic or ecotoxic properties; and be satisﬁed that, against other speciﬁed exposure limits that apply to the substance,— (i) the proposed exposure limit is more effective in terms of its effect on the management, use, and risks of the substance; or (b) 125 Part 6 s 78 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (ii) (iii) the proposed exposure limit is more cost­effect­ ive in terms of its effect on the management, use, and risks of the substance; or the proposed exposure limit is more likely to achieve its purpose; and (c) (d) do everything reasonably practicable on its part to ad­ vise all people who in its opinion may be affected by the proposed exposure limit; and give those people a reasonable opportunity to make sub­ missions and comments to the Authority on the pro­ posed exposure limit; and consider all submissions and comments received.
(e) In this section,— environmental exposure limit means the limit on the concen­ tration of a substance (or any element or compound making up the substance) with ecotoxic properties in an environmental medium as set in accordance with this section or regulations made under section 75 tolerable exposure limit means the limit on the concentration of a substance (or any element or compound making up the substance) with toxic properties in an environmental medium as set in accordance with this section or regulations made under section 75 workplace exposure standard means the limit on the concen­ tration of a substance (or any element or compound making up the substance) with toxic properties in air set in accordance with this section or regulations made under section 75 for the purpose of protecting persons in a workplace from the adverse effects of toxic substances.
Section 77B was inserted, as from 22 December 2005, by section 19 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Codes of practice The Authority may from time to time issue, amend, approve, or revoke any code of practice for hazardous substances for the purpose of implementing any requirement included in controls or in regulations in force under this Act.
(6) 78 (1) 126 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6 s 79 (2) (3) (4) Every code of practice, and every amendment or revocation of a code of practice for hazardous substances, shall show the date on which it was issued.

The Authority may issue, as a code of practice for hazardous substances, any code of practice approved under any other Act.
The Authority may approve, as a code of practice for haz­ ardous substances, any document prepared by any other per­ son if that document is considered by the Authority as a suit­ able document for use as a code of practice for hazardous sub­ stances.
(5) A code of practice issued or approved under this Act that is also a code of practice approved under any other Act or a docu­ ment prepared by another person, consists of the contents of that code or document as that code or document existed on the date that it was approved or issued as a code of practice under this Act.
The Authority shall not— (a) Adopt with modiﬁcation any documents previously ap­ proved by a Minister of the Crown (or by the Building Industry Authority established by section 10(1) of the Building Act 1991); or (6) (b) Approve any amendment of any part of a code of prac­ tice that comprises a document approved by a Minister of the Crown (or by the Building Industry Authority) and later adopted by the Authority— without the written consent of the relevant Minister or the Building Industry Authority.
Subsection (1) was substituted, as from 2 July 2001, by section 28 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Subsection (5) was substituted, as from 7 May 1999, by section 7 Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).
Codes may be approved by Authority 79 (1) A code of practice for hazardous substances, an amendment to such a code, and a revocation of such a code, shall not have any force or effect until it has been approved by the Authority.
127 Part 6 s 79 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (2) Subject to subsection (3) of this section, the Authority shall not approve any code, or any amendment or revocation of a code, unless— (a) Not less than 20 working days has elapsed since the publication in the Gazette of a notice of the intention to apply for approval; and The Authority has consulted such persons as will be af­ fected by the code or amendment or revocation or who have advised the Authority in writing that they wish to be consulted, or representatives of those persons, and they have had the opportunity to consider its possible effects and to comment on those effects to the Author­ ity; and The Authority has considered any comments made to it concerning those effects.
(b) (c) (3) The Authority may approve a code of practice for hazardous substances or any amendment or revocation of that code with­ out complying with the requirements of subsection (2)(a) or (b) of this section, if it is satisﬁed that sufﬁcient consultation has already taken place in respect of the matters in the code, or amendment, or revocation.
(4) (5) When the Authority approves a code of practice for hazardous substances or an amendment or revocation of that code, the Authority shall— (a) Publish a notice of the approval of the code of practice in the Gazette; and Show the date of the approval of the code of practice on the code, amendment, or revocation and promulgate it in such manner as the Authority thinks ﬁt.
(b) Subsection (2)(b) was amended as from 2 July 2001, by section 29(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by insert­ ing the words “or who have advised the Authority in writing that they wish to be consulted” after the word “revocation”.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Subsection (4) was repealed, as from 2 July 2001, by section 29(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
128 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6 s 82 80 (1) (2) 81 Availability of codes If the Authority approves a code of practice, the Authority must ensure that, so long as the code remains in force, copies of that code, and of all amendments to that code, are available— for inspection by members of the public free of charge; (a) and for purchase by members of the public at a reasonable price.
(b) The notice of approval published in the Gazette pursuant to section 79 of this Act shall show, in relation to the code, or the amendment to a code to which it relates, a place or places at which copies of the code or, as the case requires, the amend­ ment, are available for public inspection and purchase.

Subsection (1) was substituted, as from 21 July 2001, by section 30(1) Haz­ ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Subsection (2) was amended, as from 21 July 2001, by section 30(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by insert­ ing the words “and purchase”.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Proof of code Without affecting any other method of proof, the production in any proceedings of a copy of any code of practice for haz­ ardous substances, or amendment or revocation of such a code of practice, purporting to have been approved by the Authority, in the absence of evidence to the contrary, shall be sufﬁcient proof that it has been issued in accordance with this Act.
Test certiﬁers Issue of test certiﬁcates by test certiﬁers 82 (1) Where— (a) (aa) Any regulations made under this Act; or any approval granted by the Authority under this Act; or (b) Any requirements imposed in accordance with Sched­ ule 3 to this Act,— require any person to obtain a test certiﬁcate, that person shall obtain the test certiﬁcate from a test certiﬁer who has been 129 Part 6 s 82A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 approved to issue such a test certiﬁcate in accordance with sections 83 and 84 of this Act.
(2) A test certiﬁer may, if he or she is authorised to issue a test certiﬁcate for any prescribed requirement and is satisﬁed on reasonable grounds that the prescribed requirement has been met, issue a test certiﬁcate.

(3) A test certiﬁer shall not issue any test certiﬁcate in respect of any matter if the test certiﬁer is or has been responsible for, or has a ﬁnancial interest in, the design, planning or construction of anything relating to the matter.
(4) Where any test certiﬁer considers, on reasonable grounds that any matter does not comply with the relevant requirement, he or she shall— (a) (b) Notify the applicant, in writing, with reasons, of the Refuse to issue a test certiﬁcate; and (c) refusal; and Notify the appropriate enforcement agency unless the test certiﬁer is satisﬁed that any potential adverse effect from failure to comply with the relevant requirements has been satisfactorily avoided.
(5) A test certiﬁer must, as soon as practicable after issuing a test certiﬁcate under this section, forward a copy of that test cer­ tiﬁcate to the Authority.

Subsection (1)(aa) was inserted, as from 24 March 2004, by section 13 Haz­ ardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).
Subsection (5) was inserted, as from 22 December 2005, by section 20 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123).

82A Register of test certiﬁcates (1) The Authority must keep and maintain a register of test certiﬁ­ cates issued by test certiﬁers under section 82.
The purpose of the register is to facilitate compliance with, and enforcement of,— (a) this Act, the Agricultural Compounds and Veterinary Medicines Act 1997, the Health and Safety in Employment Act 1992, and the Resource Management Act 1991; and (2) 130 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6 s 82A any regulations or notices in force under those Acts.
(3) (b) The register must specify— (a) (4) A search of the register may be carried out by the Authority, and by the following persons for the following purposes: (a) (b) (c) (d) (e) (f) (b) (c) the date on which each test certiﬁcate was issued, and the expiry date or (if applicable) the date of the revoca­ tion of the test certiﬁcate; and the name of the test certiﬁer who issued the certiﬁcate; and the matter for which each test certiﬁcate has been is­ sued; and details of the prescribed requirements for which each test certiﬁcate was issued; and in the case of a test certiﬁcate issued in respect of a place, the street address of the place; and in the case of a test certiﬁcate issued in respect of a person,— (i) (ii) the name of the person; and the name and address of the person’s place of work.
an individual, or a person with the written consent of the individual, for the purpose of searching for information about that individual in accordance with the Privacy Act 1993: a test certiﬁer for the purpose of searching for infor­ mation that the test certiﬁer has provided under section 82(5): an approved person for a purpose that— (i) (ii) relates to the purpose of the register; or is necessary to prevent or lessen a serious and imminent threat to public health, public safety, or the life or health of any person; or is necessary to avoid prejudice to the mainten­ ance of the law (including the prevention, detec­ tion, investigation, prosecution, and punishment of offences); or has been authorised by the Privacy Commis­ sioner under section 54(1) of the Privacy Act 1993.
(iii) (iv) 131 Part 6 s 82B Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (5) In this section, approved person means— (a) the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Agricultural Compounds and Veterinary Medicines Act 1997: a person speciﬁed in section 97: an enforcement ofﬁcer.
(b) (c) Sections 82A to 82C were inserted, as from 22 December 2005, by section 21 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

(2) 82B Delegation by approved person (1) An approved person described in section 82A(5)(a) and (b) may, in writing, delegate to any person the approved per­ son’s power to search the register in accordance with section 82A(4).
The approved person may delegate the power to search the register on such terms and conditions as the approved person thinks ﬁt.

Every decision made in accordance with a delegation under subsection (1) must be treated in all respects as though it were a decision of the approved person.

Every person purporting to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
(4) (3) (6) (5) A delegation under this section is revocable at will and does not prevent the exercise of the power to search the register by the approved person.

Every delegation under subsection (1) must be available for public inspection at the ofﬁce of the relevant approved person during ordinary ofﬁce hours.

Sections 82A to 82C were inserted, as from 22 December 2005, by section 21 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
82C Revocation of test certiﬁcates for approved ﬁllers and approved handlers The Authority may, at any time and by notice in writing to the person to whom the test certiﬁcate was issued (the certiﬁcate (1) 132 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6 s 82C (2) (3) (4) (5) (6) holder), revoke a test certiﬁcate issued to an approved ﬁller or an approved handler (as the case may be) if the Authority is satisﬁed that the certiﬁcate holder— (a) obtained the test certiﬁcate by fraud, misrepresentation, or concealment of facts; or has been negligent as a certiﬁcate holder; or is incompetent to act as a certiﬁcate holder.
(b) (c) The Authority may not revoke a test certiﬁcate under subsec­ tion (1) unless the Authority— (a) has notiﬁed the certiﬁcate holder in writing of its inten­ tion to investigate whether to revoke the test certiﬁcate; and has given the certiﬁcate holder reasons in writing for the Authority’s investigation; and has given the certiﬁcate holder a reasonable opportunity to make submissions to the Authority in respect of the investigation; and has considered all submissions and any other informa­ tion received; and is, as a result of the investigation, satisﬁed that there are grounds for revoking the test certiﬁcate under subsec­ tion (1).
(b) (c) (d) (e) The Authority may seek, receive, or take into account any other information or evidence that the Authority considers relevant for the purposes of this section.

If the Authority proposes to take into account any information that is or may be prejudicial to the certiﬁcate holder, the Au­ thority must, subject to subsection (5), disclose that informa­ tion to the certiﬁcate holder and give him or her a reasonable opportunity to refute or comment on the information.
The Authority is not required to disclose any information under subsection (4) that would be likely to endanger the safety of any person.
If the Authority determines not to disclose any information in reliance on subsection (5), the Authority must inform the cer­ tiﬁcate holder of the fact of non­disclosure, and the following provisions apply: (a) in the case of non­disclosure to an individual of infor­ mation about the individual,— 133 Part 6 s 82C Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (i) (ii) the Authority must inform the individual that he or she may, under the Privacy Act 1993, com­ plain to the Privacy Commissioner about that non­disclosure; and the provisions of that Act apply to that non­dis­ closure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act; and (b) in any other case,— (i) the Authority must inform the person that the per­ son may seek a review by an Ombudsman of that non­disclosure under the Ofﬁcial Information Act 1982; and the provisions of that Act apply to that non­dis­ closure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.
(ii) (7) On completion of the Authority’s investigation, the Authority must notify the certiﬁcate holder in writing of— (a) (b) the Authority’s decision; and the certiﬁcate holder’s right of appeal against that deci­ sion.

(9) (8) A test certiﬁcate that is revoked under this section is deemed to have expired on the date on which the test certiﬁcate was revoked.
In this section,— approved ﬁller has the same meaning as in the Hazardous Substances (Compressed Gases) Regulations 2004 approved handler means a person who holds a current test certiﬁcate certifying that the person has met the requirements of the Hazardous Substances and New Organisms (Personnel Qualiﬁcations) Regulations 2001 in relation to an approved handler for 1 or more hazard classiﬁcations or hazardous sub­ stances.
Sections 82A to 82C were inserted, as from 22 December 2005, by section 21 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

134 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6 s 83 Applications for approval as test certiﬁer 83 (1) Any person may apply to the Authority for approval as a test (2) (3) (4) certiﬁer.
Every application shall be in the form speciﬁed or provided by the Authority and shall specify the requirements in respect of which the applicant wishes to be approved as a test certiﬁer.
Except as provided by subsection (4) of this section, each ap­ plication shall include— (a) Information that will enable the Authority to decide whether or not the applicant has appropriate qualiﬁca­ tions, sufﬁcient knowledge of the relevant requirement, and appropriate equipment to test for the relevant re­ quirements, and, if so,— (i) The speciﬁc requirements in respect of which the applicant should be approved; and (ii) Any limitations which should be placed on the approval: (b) Where required by the Authority, evidence that a scheme of insurance, approved by the Authority, will apply in respect of any insurable civil liability of the applicant that might arise out of the issuing by the applicant of a test certiﬁcate under this Act or any regulations.
In the case of an applicant who is or has been a test certiﬁer and who is applying for continuation or renewal of approval in respect of the same requirements, the application need not be accompanied by the documentation required by subsection (3)(a) of this section, but instead shall be accompanied by— A list of any additional qualiﬁcations that the applicant (a) has acquired since that person’s previous application; and (b) A request for any changes to any limitations imposed on the previous approval, with reasons for the request; and In the case of an application for renewal, reasons why the approval lapsed.
(c) 135 Part 6 s 84 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 84 (1) (2) (3) (4) Processing applications for approval as test certiﬁer The Authority may require the applicant for approval as a test certiﬁer to provide further information in support of the appli­ cation.
If the applicant is unable to comply with any requirement of the Authority under subsection (1) of this section, the applicant shall inform the Authority of the reasons why the applicant is unable to comply.

The application shall be considered by the Authority within 20 working days of receipt of all information required under subsection (1) of this section or notiﬁcation by the applicant under subsection (2) of this section that he or she is unable to comply with a request for further information.
The Authority shall notify the applicant not less than 10 days before any meeting at which it is intended to consider the ap­ plication.

The applicant may, and if the Authority so requires, the applicant shall, appear and be heard at that meeting of the Authority.
(5) After considering an application for approval as a test certiﬁer the Authority shall grant the approval if it is satisﬁed— (a) That the applicant has— (i) (ii) The prescribed qualiﬁcations; and Sufﬁcient knowledge of the relevant require­ ments; and (iii) Complied with any other prescribed conditions; and (b) Where required by the Authority, that a scheme of in­ surance approved by the Authority will apply in respect of any insurable civil liability of the applicant that might arise out of the issuing by the applicant of a test certiﬁ­ cate under this Act or any regulations, except in respect of a test certiﬁcate issued by a territorial authority.
If the Authority declines an application it shall notify the ap­ plicant in writing specifying the reasons.

(6) (7) An approval expires on the earlier of the following dates: (a) (b) 5 years after the date on which it is given: the date of expiry (if any) speciﬁed by the Authority in the approval.
136 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6 s 86 Subsection (7) was substituted, as from 2 July 2001, by section 31 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

85 (1) Register of test certiﬁers The Authority shall establish and maintain a register of test certiﬁers.
(2) Whenever the Authority approves a person as a test certiﬁer, it shall enter on the register— (a) (b) (c) The date of approval; and The name and address of the person approved; and The speciﬁc requirements in respect of, or in connection with which, the person may issue test certiﬁcates; and (d) Any limitation on the matters in respect of which the (e) (f) person may issue test certiﬁcates; and The date of expiry of the approval; and Such other matters relating to the approval as the Au­ thority directs.
(3) A test certiﬁcate purporting to be under the hand of a per­ son duly authorised by the Authority to issue such a certiﬁ­ cate shall, in the absence of proof to the contrary, and without proof of the signature appended to the certiﬁcate, be sufﬁcient evidence of the matters speciﬁed in the certiﬁcate.

Every person shall have the right to inspect the register during the ordinary ofﬁce hours of the Authority.
(4) 86 (1) (2) Complaints to Authority If the Authority receives any complaint about, or has cause to query the conduct or ability of, a test certiﬁer, the Authority may investigate the complaint or query and, if it considers the complaint or query to be justiﬁed, may amend or cancel the approval.
The Authority may, if it thinks ﬁt, after the receipt of any com­ plaint or query, suspend all or any part of the approval given under section 84 of this Act until the investigation under sub­ section (1) of this section is complete.
137 Part 6 s 87 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Transferable permits 87 (1) (2) Establishment of transferable permit scheme Subject to section 141 of this Act, the Governor­General may from time to time, by Order in Council, make regulations es­ tablishing a transferable permit scheme for any hazardous sub­ stance or group of hazardous substances.
Regulations made under subsection (1) of this section may in­ clude the following matters: (a) The amount of substance available for importation or manufacture in any speciﬁed period of time or a method for determining that amount: The method of allocating, reallocating, reducing, in­ creasing, or cancelling any transferable permits: The period for which any transferable permit will be valid: (b) (c) (d) Any limitations upon the transfer of permits: (e) Any scheme monitoring requirements, including any re­ porting requirements imposed on holders of permits.
(3) Any method speciﬁed in accordance with subsection 2(b) of this section shall ﬁrst allocate transferable permits to persons importing or manufacturing the substance immediately prior to the establishment of the transferable permit scheme.

(4) Any method speciﬁed in accordance with subsection (2)(a) of this section may provide for the amount of a substance to be reduced or increased over a speciﬁed period of time.
(5) Where any regulations made under this section specify a method for reducing the amount of substance available for importation or manufacture, no compensation shall be payable in respect of any such reduction.
Authority to recommend establishment The Authority may recommend to the Minister that a transfer­ able permit scheme be established, amended, or revoked for any hazardous substances or group of hazardous substances, in accordance with section 87 of this Act, where the Authority is satisﬁed— (a) That a reduction in the likely occurrence of adverse ef­ fects similar to that achieved by the controls attached to 88 138 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6 s 90 Any transferable permit scheme; or any substance in accordance with sections 77, 77A, and 77B of this Act could be achieved by— (i) (ii) Any combination of a transferable permit scheme and controls prescribed in accordance with sec­ tions 75 and 76 of this Act; and That such a scheme will be cost effective to implement, having regard to the costs associated with the transfer­ able permit scheme, including the costs of monitoring and the costs of alternative methods of controls, and the beneﬁts provided from the ability to transfer permits.
(b) Paragraph (a) were amended, as from 22 December 2005, by section 22 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123) by substituting the words “sections 77, 77A, and 77B” for the expression “section 77”.
89 Transferable permit scheme and variation of controls (1) Where any transferable permit scheme is established for any hazardous substance in accordance with section 87 of this Act, the Authority may substitute or delete any controls attached to that substance if the combination of controls and transfer­ able permit scheme reduce the likely adverse effects of that substance to a level similar to that achieved by the controls at­ tached to that substance in accordance with sections 77, 77A, and 77B of this Act.
(2) Any substitution or deletion of controls on any substance in accordance with subsection (1) of this section shall remain in force so long as the transferable permit scheme in place at the time of the substitution or deletion of controls remains the same.
Subsection (1) were amended, as from 22 December 2005, by section 23 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123) by substituting the words “sections 77, 77A, and 77B” for the expression “section 77”.

Transfer of permits 90 (1) Any person who has been granted a transferable permit in ac­ cordance with any scheme established under section 87 of this Act may transfer that permit or any part of it to any other per­ son.
139 Part 6 s 91 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (2) The transferor, within 20 working days after making any such transfer, shall notify the Authority in writing of the transfer, the amount transferred, and the name and address of the trans­ feree, and return the permit for reissuing.

(3) No transfer shall be valid unless the Authority is notiﬁed in accordance with subsection (2) of this section.
91 Contents of transferable permits Every transferable permit shall specify— (a) (b) (c) The substance in respect of which it is issued; and The dates of issue and expiry of the permit; and The amount of the substance which the permit holder is permitted to import or manufacture under the permit; and (d) Any other controls on the importation or manufacture of substances as the Authority thinks ﬁt.

92 Modiﬁcation of permits The Authority may modify any permit to correct any clerical error or omission.
93 (1) (2) Registration of scheme Before commencing any transferable permit scheme, the Au­ thority shall establish a register for each scheme.

The Authority shall include in the register— The details of every permit issued; and (a) The details of every transfer of the whole or any part of (b) a transferable permit.

(3) The register shall be available for inspection upon request to any person.
(4) An entry in the register, in the absence of evidence to the con­ trary, shall be sufﬁcient proof that the person named in the register is the holder of the transferable permit to which the entry relates.
Transferable permit not to be mortgaged Any contract or other instrument purporting to create any in­ terest in any transferable permit for the purpose of securing 94 140 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6 s 95A the payment of a debt or other pecuniary obligation, or for the performance of any other obligation, is void.
95 Prohibition on import or manufacture until transferable permit obtained Where a transferable permit scheme exists for a substance— No person shall manufacture or import that hazardous (a) substance unless any relevant transferable permit has been obtained for the amount of substance being manu­ factured or imported; and (b) Any Customs ofﬁcer may permit the importation of any hazardous substance upon production by the importer of a relevant transferable permit for the amount of sub­ stance being imported.
Permissions and licences This heading was inserted, as from 24 March 2004, by section 6 Hazardous Sub­ stances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

95A Permissions (1) This section applies if the Authority approves a substance sub­ ject to an obligation referred to in section 77A(2)(a) (namely that, before using the substance, a person must obtain a prior permission under this section for the general or particular use of the substance).
(2) An application for a permission under this section must be made in a form approved by the Authority, and must be ac­ companied by the appropriate charge (if any) ﬁxed under sec­ tion 21.

In considering an application, the Authority must consider— the adverse effects involved in the use or uses of the (a) substance to which the application relates; and the conditions (if any) that it thinks should be imposed as part of the permission.
(b) (3) (4) The Authority may grant a permission subject to any condi­ tions it may specify in the permission that are consistent with the approval of the substance.

141 Part 6 s 95B Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (5) The holder of a permission granted under this section is au­ thorised to use the substance speciﬁed in the permission in ac­ cordance with the approval of the substance and the holder’s permission.
(6) A permission granted under this section must be in writing and (7) in a form approved by the Authority.

The Authority may, at any time by notice in writing to the holder of a permission granted under this section,— (a) add or delete any conditions, or otherwise vary any con­ ditions: revoke a permission granted to the holder under this section.
(b) Sections 95A and 95B were inserted, as from 24 March 2004, by section 6 Haz­ ardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

95B Licences (1) This section applies if the Authority approves a substance sub­ ject to an obligation referred to in section 77A(2)(b) (namely, that a person must obtain a licence under this section before possessing the substance).
(2) An application for a licence under this section must— (a) (b) be made in a form prescribed by regulations referred to in subsection (4) or (in the absence of such regulations) in a form determined by the Authority; and be accompanied by the appropriate charge (if any) ﬁxed under section 21.
(3) The Authority— (a) must grant a licence under this section if satisﬁed that the applicant— (i) is a ﬁt and proper person to possess the substance concerned; and (ii) meets the relevant test certiﬁcation requirements that apply to the substance under section 82; and (b) may make the licence subject to any conditions it may specify in the licence.
(4) Regulations made under section 76 or section 140, or both, may (without limitation)— 142 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6 s 96 (a) (b) (c) (d) (e) specify the criteria the Authority must consider in deter­ mining whether the applicant is a ﬁt and proper person: specify any other matters that the Authority may con­ sider in determining whether to grant a licence under this section: prescribe the form of an application for a licence under this section: provide for the variation of licences under this section and provide for their revocation: provide for any other matters necessary for the admin­ istration of licences under this section.
(5) The holder of a licence granted under this section is authorised to possess the substance speciﬁed in the licence in accordance with the approval of the substance and the holder’s licence.

Sections 95A and 95B were inserted, as from 24 March 2004, by section 6 Haz­ ardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).
Environmental user charges Report on environmental user charges 96 (1) Where the Authority considers that a reduction in the likely occurrence of adverse effects similar to that achieved by the controls attached to any substance in accordance with sections 77, 77A, and 77B of this Act could be achieved by— (a) (b) Any combination of an environmental user charge and controls prescribed in accordance with section 75 or section 76 of this Act,— Any environmental user charge; or (2) the Authority may report to the Minister on such a charge or any combination of such controls and an environmental user charge.
Before preparing any report in accordance with subsection (1) of this section, the Authority shall satisfy itself that any en­ vironmental user charge would be cost effective to implement having regard to the costs associated with the environmental user charge, including the costs of monitoring and the costs of alternative methods of control.
143 Part 6A s 96A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (3) Any report to the Minister made in accordance with subsection (1) of this section may include any other matters relevant to any environmental user charge, including a report on— (a) The time of commencement of any environmental user charge; and The duration of any environmental user charge; and Any matters relevant to the implementation of environ­ mental user charges; and (b) (c) (d) Use of the revenue from environmental user charges; (e) (f) and Any procedure for adjusting or removing any controls already imposed upon a substance at the time of impos­ ition of the environmental user charge; and Any procedure for adjusting or removing any combin­ ation of controls and environmental user charge or an environmental user charge, after a reassessment of the substance under section 62 of this Act.
Subsection (1) were amended, as from 22 December 2005, by section 24 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123) by substituting the words “sections 77, 77A, and 77B” for the expression “section 77”.

Part 6A Group standards Part 6A (comprising sections 96A to 96F) was inserted, as from 22 December 2005, by section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
See section 26 of that Act as to pre­commencement consultation on group standards.

96A Purpose of Part The purpose of this Part is to enable the Authority to issue, amend, and revoke standards (known as group standards) for groups of hazardous substances (whether these are subject to Part 5 or not) that have a similar nature, are of a similar type, or have similar circumstances of use, so that the risks of the grouped hazardous substances can be effectively managed by 1 set of conditions.
Part 6A (comprising sections 96A to 96F) was inserted, as from 22 December 2005, by section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

See section 26 of that Act as to pre­commencement consultation on group standards.
144 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6A s 96B 96B Group standards (1) The Authority may, by notice in the Gazette, issue group stan­ dards that— (a) identify the group of hazardous substances or products (described in subsection (2)) concerned; and impose as conditions under this section any obligations and restrictions that the Authority thinks ﬁt on the iden­ tiﬁed group of hazardous substances or products.
(b) (2) A group standard may apply to 1 or more of the following hazardous substances or products: (a) (b) (c) a hazardous substance to which Part 5 applies: a hazardous substance to which Parts 11 to 15 apply: a hazardous substance to which a notice or regulation under Part 11 applies, or a hazardous substance that has been approved under Part 5: a product (including, but not limited to, a manufactured article, a waste product, or a manufacturing by­product) that is, contains, incorporates, or includes a hazardous substance.
(d) (3) (4) The Authority may, by notice in the Gazette, amend or revoke group standards that are issued under subsection (1).

The Authority may issue, amend, or revoke group standards under this section— (a) (b) on its own initiative; or on application by any person.

(5) A notice issued under this section is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.
(6) As soon as practicable after issuing, amending, or revoking a group standard, the Authority must do the following: (a) publish the group standard, amendment, or revocation in a publication relevant to affected persons; and (b) make the group standard, amendment, or revocation available to be inspected free of charge and purchased at a reasonable price; and give public notice of where the group standard, amend­ ment, or revocation can be inspected or purchased.
(c) 145 Part 6A s 96C Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Part 6A (comprising sections 96A to 96F) was inserted, as from 22 December 2005, by section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

See section 26 of that Act as to pre­commencement consultation on group standards.
96C When group standards may be issued or amended (1) Before issuing or amending group standards under section 96B, the Authority must,— (a) in the case of any hazardous substance to which section 96B(2)(a) applies, be satisﬁed that issuing or amending (as the case may be) group standards is a more efﬁcient and effective way of managing the risks of all the haz­ ardous substances in the identiﬁed group than the ap­ proval process under Part 5; and in the case of any hazardous substance to which section 96B(2)(b) applies, be satisﬁed that issuing or amending (as the case may be) group standards is a more efﬁcient and effective way of managing the risks of all the haz­ ardous substances in the identiﬁed group; and in the case of any hazardous substance to which section 96B(2)(c) applies, be satisﬁed that issuing or amending (as the case may be) group standards is a more efﬁcient and effective way of managing the risks of all the haz­ ardous substances in the identiﬁed group; and in the case of any product 96B(2)(d) applies, be satisﬁed that— (i) the beneﬁts associated with a reduction of envir­ onmental and health risks outweigh the economic costs associated with complying with the group standard; and the issuing or amending (as the case may be) of group standards is the most efﬁcient and effective way of managing the risks of all the products in the identiﬁed group, having considered matters including alternative methods of managing those risks; and the group standard is only applied to the extent that it is
 reasonably necessary to manage the risks of the products; and where a group standard applies— to which section (iii) (ii) (b) (c) (d) (e) 146 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 6A s 96D (i) (ii) to 1 hazardous substance or product (described in section 96B(2)), be satisﬁed that the risks of the hazardous substance or product can be effect­ ively managed by 1 set of conditions; or to more than 1 hazardous substance or product (described in section 96B(2)), be
 satisﬁed that all the hazardous substances or products in the iden­ tiﬁed group have a similar nature, are of a sim­ ilar type, or have similar circumstances of use, such that the risks of the group of hazardous sub­ stances or products can be effectively managed by 1 set of conditions; and (f) (g) (h) consider the best international practices and standards for the safe management of hazardous substances and products (described in section 96B(2)); and consider the types of controls appropriate for the group in accordance with sections 77, 77A, and 77B; and in accordance with section 53, publicly notify— (i) the proposal to issue or amend (as the case may be) group standards; and its assessment of the matters required under sub­ section (1)(a), (b), (c), (d), and (e) in relation to the group standards as proposed to be issued or amended.
(ii) (2) Where the Authority proposes to issue, amend, or revoke group standards on its own initiative, sections 53 to 61 apply, with all necessary modiﬁcations, for the purposes of this section, as if the proposal were an application.

Part 6A (comprising sections 96A to 96F) was inserted, as from 22 December 2005, by section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
See section 26 of that Act as to pre­commencement consultation on group standards.

96D Revocation of group standards (1) Before revoking group standards under section 96B, the Au­ thority must publicly notify its proposal to revoke group stan­ dards in accordance with section 53.

Sections 54 to 61 apply, with all necessary modiﬁcations, for the purposes of this section.
(2) 147 Part 6A s 96E Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Part 6A (comprising sections 96A to 96F) was inserted, as from 22 December 2005, by section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

See section 26 of that Act as to pre­commencement consultation on group standards.
96E Effect of group standards (1) If a group standard applies to a hazardous substance or prod­ uct, the substance or product must comply with the group stan­ dard.

(2) However, in the case of a hazardous substance, if the haz­ ardous substance also has an approval given under this Act, the substance may instead comply with the approval.

(3) A hazardous substance to which section 96B(2)(a) applies is deemed to have been approved by the Authority under section 29.
Part 6A (comprising sections 96A to 96F) was inserted, as from 22 December 2005, by section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

See section 26 of that Act as to pre­commencement consultation on group standards.
96F Hazardous substances in group standards if Parts 11 to 15 apply If Parts 11 to 15 apply to a hazardous substance and a group standard is made under section 96B that applies to the sub­ stance,— (a) Parts 11 to 15 do not apply to that hazardous substance on and from the date on which the group standard comes into force; and the hazardous substance is deemed to have been ap­ proved by the Authority on the date that the group stan­ dard comes into force.
(b) Part 6A (comprising sections 96A to 96F) was inserted, as from 22 December 2005, by section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

See section 26 of that Act as to pre­commencement consultation on group standards.
148 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7 s 97 Part 7 Inspection, enforcement, and ancillary powers Inspection 97 (1) Enforcement of Act The following persons shall ensure the provisions of this Act (including any controls imposed on approvals granted under this Act) are enforced in the following situations: (a) The chief executive of the department of State that is for the time being responsible for the administration of the Health and Safety in Employment Act 1992 shall ensure that the provisions of this Act are enforced in any place of work: The chief executive of the department of State that is for the time being responsible for the administration of the Gas Act 1992 shall ensure that the provisions of this Act are enforced in, on, at, or around any distribution system, gas installation, or gas appliance: The New Zealand Transport Agency may enforce the provisions of this Act in or on any motor vehicle, on any road, in or on any rail vehicle, or on any railway line: The Commissioner of Police (after consultation with the New Zealand Transport Agency) shall ensure that the provisions of this Act are enforced in or on any motor vehicle, on any road, in or on any rail vehicle, or on any railway line: The Director of the Civil Aviation Authority shall en­ sure that the provisions of this Act are enforced in, on, or at any aircraft or aerodrome: The Director of Maritime Transport shall ensure that the provisions of this Act are enforced in or on any ship: The chief executive of the Ministry of Health shall en­ sure that the provisions of this Act are enforced where it is necessary to protect public health: The chief executive of any territorial authority— (i) Shall ensure that the provisions of this Act are enforced in or on any premises situated in the 149 (b) (c) (d) (e) (f) (g) (h) Part 7 s 97 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 district of the territorial authority other than those premises speciﬁed in paragraphs (a) to
 (g) of this section: (ii) May enforce the provisions of this Act in or on those premises speciﬁed in paragraphs (a) to (g) of this section where the territorial author­ ity is in or on those premises for the purposes of enforcing the provisions of the Resource Management Act 1991: (iii) Shall ensure that the provisions of this Act are en­ forced in or on those premises speciﬁed in para­ graphs (a) to (g) of this section, where the func­ tion, power, or duty is transferred to the territor­ ial authority in accordance with section 98 of this Act.
Shall ensure that the provisions of this Act are en­ forced in or on those premises speciﬁed in para­ graphs (a) to (g) of this section in respect of any substances to which Part 14 of this Act applies.
(iv) The chief executive of a regional council may— enforce the provisions of this Act in or on those (a) premises speciﬁed in subsection (1)(a) to (g) if the regional council is in or on those premises for the purposes of enforcing the provisions of the Resource Management Act 1991: enforce the provisions of this Act in or on those premises speciﬁed in subsection (1)(a) to (g) if the function, power, or duty is transferred to the regional council in accordance with section 98.
(b) Section 97 was amended, as from 30 October 2003, by section 44 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by insert­ ing the words “(including any controls imposed on approvals granted under this Act)” after the word “Act” in the ﬁrst place where it occurs.

Section 97(1)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Paragraphs (c) and (d) were amended, as from 1 December 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97) by omitting the word “Safety”.

See sections 20 to 22 of that Act as to the sav­ ings and transitional provisions.
Paragraphs (c) and (d) were amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by substituting the words “rail (2) 150 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7 s 97A vehicle” for the words “rail service vehicle”.

See sections 105 to 111 of that Act as to the transitional provisions.

Section 97(1)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Paragraph (e) was amended, as from 7 May 1999, by section 8 Hazardous Sub­ stances and New Organisms Amendment Act 1999 (1999 No 35) by substituting the word “aerodrome” for the word “ship”.

Paragraph (f) was amended, as from 1 December 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97) by substituting the word “Transport” for the word “Safety”.

See sections 20 to 22 of that Act as to the savings and transitional provisions.
Paragraph (h)(iii) was amended, as from 22 December 2005, by section 27(1) Hazardous Substances and New Organisms (Approvals and Enforce­ ment) Amendment Act 2005 (2005 No 123) by substituting the words “territorial authority” for the words “local authority”.

Subsection (2) was inserted, as from 22 December 2005, by section 27(2) Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123).
(2) 97A Enforcement of Act in respect of new organisms (1) The enforcement agency must ensure that the provisions of this Act are enforced in respect of new organisms.

For the purpose of complying with subsection (1), the enforce­ ment agency may appoint enforcement ofﬁcers in accordance with this Act who may exercise also the powers of inspectors under the Biosecurity Act 1993 that may be exercised in re­ spect of an unwanted organism, and the provisions of that Act apply with all necessary modiﬁcations.
(3) A person who may exercise powers under the Biosecurity Act 1993 in respect of unwanted organisms may also exercise those powers under that Act in respect of new organisms whether or not the person is appointed as an enforcement ofﬁcer under this Act.

(4) Without the provisions of limiting subsection (2), the Biosecurity Act 1993 that apply, with all necessary modiﬁca­ tions, for the purposes of this section include sections 162A, 163, and 164 of that Act.
In this section,— enforcement agency means the chief executive of the de­ partment of State responsible for the administration of the Biosecurity Act 1993 (5) 151 Part 7 s 97B Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 unwanted organism has the same meaning as in section 2(1) of the Biosecurity Act 1993.

Section 97A was inserted, as from 30 October 2003, by section 45 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
97B Enforcement of Act in respect of hazardous substances (1) (2) (3) in place of work The enforcement agency must ensure that the provisions of this Act are enforced in respect of hazardous substances in a place of work.
For the purpose of complying with subsection (1), the enforce­ ment agency may appoint enforcement ofﬁcers in accordance with this Act who may exercise the powers of inspectors under the Health and Safety in Employment Act 1992, and the pro­ visions of that Act apply with all necessary modiﬁcations.
In this section,— enforcement agency means the chief executive of the depart­ ment of State responsible for the administration of the Health and Safety in Employment Act 1992 inspector and place of work have the same meanings as in section 2(1) of the Health and Safety in Employment Act 1992.

Section 97B was inserted, as from 22 December 2005, by section 28 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
Co­ordination of inspection 98 (1) Any person speciﬁed in section 97 or section 97A may,— (a) (b) Appoint enforcement ofﬁcers in accordance with sec­ tion 100 of this Act to enforce the provisions of this Act; or Transfer the power to enforce the provisions of this Act in their area in accordance with subsections (2) to (7) of this section.
(2) Any person who appoints any enforcement ofﬁcers in accord­ ance with subsection (1) of this section shall, each year, no later than one month before the commencement of the Au­ thority’s ﬁnancial year, notify the Authority of the premises where that person will appoint enforcement ofﬁcers in accord­ ance with section 100 of this Act and the nature and level of 152 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7 s 98 inspection and enforcement to be provided by those enforce­ ment ofﬁcers.
(3) Any person who has functions, powers, or duties under section 97 or section 97A may transfer all or any part of those func­ tions, powers, or duties to another person speciﬁed in section 97 of this Act, except that he or she may not transfer this power of transfer.
(4) (5) A person may not transfer any function, power, or duty under this section unless— (a) The person has ﬁrst— (i) Notiﬁed the Authority in accordance with sub­ section (2) of this section; and (ii) Notiﬁed the Authority where that person pro­ poses to transfer the function to enforce the pro­ visions of this Act to another person; and (iii) Has received the approval of the Authority to the transfer in the case of a transfer between terri­ torial authorities or the approval of the relevant Ministers to the transfer in the case of a transfer between other persons; and Both persons agree that the transfer is desirable on any of the following grounds: (i) To ensure sufﬁcient enforcement of this Act and to ensure that there is not unnecessary duplica­ tion of enforcement: Efﬁciency: (ii) (iii) Technical or special capability or expertise.
(b) (6) A transfer of functions, powers, or duties under this section shall be made by agreement between the authorities concerned and on such terms and conditions as are agreed.
(7) A person to whom any function, power, or duty is transferred under this section may accept such transfer unless expressly forbidden to do so by the terms of any Act by or under which that person is appointed; and upon any such transfer, that per­ son’s functions, powers, and duties shall be deemed to be ex­ tended in such manner as may be necessary to enable the per­ son to undertake, exercise, and perform the function, power, or duty.
153 Part 7 s 98A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (8) Any transfer of any function, power, or duty under this section may be changed or revoked at any time by agreement between the transferee and transferor and upon notice to the Authority.
Subsections (1) and (3) were amended, as from 30 October 2003, by section 46 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the words “section 97 or section 97A” for the words “section 97 of this Act”.

Subsection (4) was repealed, as from 2 July 2001, by section 32 Hazardous Sub­ stances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
98A Chief executives of Ministry and Authority to have functions, powers, duties, and protections of enforcement ofﬁcers For the purposes of this Act, a chief executive has the same functions, powers, duties, and protections that enforcement of­ ﬁcers have under this Act.

In subsection (1), chief executive means— (a) the chief executive of the department of State responsi­ ble for the administration of this Act: the chief executive of the Authority.
(b) Section 98A was inserted, as from 30 October 2003, by section 47 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Supervision of inspection The Authority shall ensure that the provisions of this Act are enforced in all premises likely to contain a hazardous sub­ stance or new organism and shall advise the persons speciﬁed in section 97 or section 97A and the Minister when the Au­ thority considers that there is insufﬁcient or unnecessary in­ spection and enforcement.
The Authority shall record all notiﬁcations made by persons in accordance with section 98 of this Act.
The Authority may from time to time, as the Authority thinks ﬁt,— (a) Appoint enforcement ofﬁcers to enforce the provisions of this Act in such premises as the Authority thinks ﬁt: (b) Authorise the chief executive of— (1) (2) 99 (1) (2) (3) 154 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7 s 100 (4) (i) Any department speciﬁed in Schedule 1 to the State Sector Act 1988: (ii) Any Crown entity: (iii) Any local authority— to appoint enforcement ofﬁcers to enforce the provi­ sions of this Act in or on any premises speciﬁed by the Authority.
In this section, hazardous substance includes compressed gases, whether intrinsically hazardous or not.

Subsection (1) was amended, as from 30 October 2003, by section 48 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substi­ tuting the words “section 97 or section 97A” for the words “section 97 of this Act”.
Subsection (3)(b)(ii) was repealed, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113) by omitting the words “speciﬁed in Schedule 4 to the Public Finance Act 1989”.

Subsection (4) was inserted, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7).
100 Appointment of enforcement ofﬁcers (1) No person shall be appointed as an enforcement ofﬁcer unless that person has the prescribed qualiﬁcations to carry out the powers, functions, and duties speciﬁed in the ofﬁcer’s warrant of appointment.

(2) Any person who appoints any person other than an employee as an enforcement ofﬁcer shall remain liable in every respect for the actions of that ofﬁcer, while he or she is acting as such, as if that person were an employee of the appointer.
Every person who appoints an enforcement ofﬁcer shall supply each ofﬁcer with a warrant specifying the functions that the ofﬁcer may carry out, and any such warrant may at any time be revoked by the person who issued it or by any successor in ofﬁce of that person.

(3) (4) Where the chief executive of a territorial authority appoints an enforcement ofﬁcer in accordance with this section, the chief executive may designate that ofﬁcer as a district hazardous substances ofﬁcer.
155 Part 7 s 101 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 101 Duty of territorial authorities (1) If the Minister considers that any territorial authority is not exercising or performing any of its functions, powers, or du­ ties under this Act to the extent that the Minister considers ne­ cessary to achieve the purposes of this Act, the Minister shall consult with the Minister of Local Government and may ap­ point, on such terms and conditions as the Minister thinks ﬁt, the Authority to exercise or perform all or any of those func­ tions, powers, or duties in place of the territorial authority.
Before making any appointment under subsection (1) of this section, the Minister shall give the territorial authority at least 20 working days’ notice in writing of the Minister’s intention to do so, specifying the reasons why the Minister considers such an appointment is necessary.
The notice shall invite the territorial authority to give to the Minister, within such period (being not less than 20 working days after the date of the notice) as may be speciﬁed in the no­ tice, such written comments as the territorial authority wishes to make about any steps that the territorial authority is tak­ ing, or is intending to take, that may obviate the need for an appointment, and the Minister shall consider those comments and the need for making an appointment before making an ap­ pointment.
The Authority, if appointed under subsection (1) of this section to exercise or perform the functions, powers, or duties of a territorial authority under this Act, may do so as if it were the territorial authority; and the provisions of this Act shall apply accordingly.
(2) (3) (4) (5) All costs, charges, and expenses incurred by the Authority for the purposes of this section, in exercising or performing any functions, powers, or duties of a territorial authority under this Act, shall be recoverable from the territorial authority as a debt due to the Authority or may be deducted from any money payable to the territorial authority by the Authority.
In making any such appointment, the Minister shall specify the period for which the appointment is made, and it may from time to time be renewed.

(6) 156 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7 s 103 (7) Any appointment of the Authority under this section may be (8) revoked at any time by the Minister.
In determining whether any appointment under this section should be renewed or whether a new appointment should be made, the Minister shall consider whether the territorial au­ thority is capable of exercising its powers, functions, and du­ ties under this Act, and, if the Minister considers the territor­ ial authority is so capable, the territorial authority shall be di­ rected by the Minister to resume those powers, functions, and duties.
102 Building Act 2004 (1) Where an enforcement ofﬁcer believes that any building or sitework does not comply with the Building Act 2004, the en­ forcement ofﬁcer shall, by notice in writing, give to the appro­ priate territorial authority details of the respects in which the building or sitework is believed not to comply.

For the purposes of this section, the terms building, sitework, and territorial authority have the meanings ascribed to them by the Building Act 2004.
Section 102 was amended, as from 31 March 2005, by section 414 Building Act 2004 (2004 No 72) by substituting the words “Building Act 2004” for the words “Building Act 1991” wherever they appear.

See subpart 4 of Part 5 of that Act (comprising sections 416 to 451) as to the transitional provisions.
(2) 103 Powers of entry for inspection (1) Any enforcement ofﬁcer may, at any reasonable time,— (a) Go on, into, under, and over any premises (excluding dwellings); or (b) With the consent of the occupier, go on, into, under, and over a dwelling— for the purpose of inspection to— (c) Monitor compliance with the conditions or controls on any hazardous substance or new organism in any premises where a hazardous substance or new organism approved under this Act is located; or (d) Determine the nature of any substance or organism in the premises; or 157 Part 7 s 103 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (2) (e) Determine whether or not any person is complying with a compliance order.
For the purposes of subsection (1) of this section, an enforce­ ment ofﬁcer may— (a) Take samples of water, air, soil, any substance, or any organism; and (c) (ea) (d) (e) (b) Open containers or packages (including secured or sealed containers or packages) to inspect the contents; and take photographs and measurements and make sketches and recordings; and Take or remove any thing for analysis or testing; and Conduct examinations, tests, inquiries, demonstrations, and inspections; and require that any place or thing speciﬁed by the enforce­ ment ofﬁcer is not disturbed for a reasonable time pend­ ing any examination, test, inquiry, demonstration, or in­ spection; and require the making of statements by the person in charge of the premises, in any form or manner speciﬁed by the enforcement ofﬁcer, about conditions, material, or equipment relevant to the purpose of the inspection; and Require the production of any documents relevant to the purpose of the inspection; and Take copies of the documents or information or extracts from those documents or information.
(eb) (g) (f) (3) Where any enforcement ofﬁcer has taken any thing in accord­ ance with subsection 2(d) of this section, the enforcement of­ ﬁcer shall give the occupier of the premises written notice of the things that have been taken, the reason for taking the things and where the things will be kept.
(4) Within 5 working days of removing the thing the enforcement ofﬁcer shall give the person in charge of the premises written notice stating— (a) Whether or not the thing will be returned or destroyed; and Either— (i) The time and date of the return of the thing to the premises; or (b) 158 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7 s 103 (ii) The results of the analysis of the thing and why it is being destroyed.
(5) Every enforcement ofﬁcer exercising any of the powers con­ ferred under this section shall, at the time of exercising that power, and thereafter on request, produce— (a) Evidence of that person’s appointment as an enforce­ ment ofﬁcer; and Evidence of that person’s identity.

(b) (6) An enforcement ofﬁcer may take any person with relevant ex­ perience or expertise on to the premises to assist the ofﬁcer with the inspection.
(7) Nothing in this section shall limit or affect the privilege against self incrimination.

Subsection (1)(a) was amended, as from 31 December 2000, with applica­ tion to new organisms, by section 33(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by inserting the words “(ex­ cluding dwellings)” after the word “premises”.

See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
This amendment was brought into general effect as from 2 July 2001.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Subsection (1)(c) was amended, as from 30 October 2003, by section 49 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the words “compliance with the conditions or controls on any hazardous substance or new organism” for the words “the conditions”.
Subsection (2)(c) was substituted, as from 31 December 2000, with application to new organisms, by section 33(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

This substitution was brought into general effect as from 2 July 2001.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Subsection (2)(ea) and (eb) was inserted, as from 31 December 2000, with application to new organisms, by section 33(3) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

This insertion was brought into general effect as from 2 July 2001.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Subsection (6) was substituted, as from 31 December 2000, with application to new organisms, by section 33(4) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 2(b) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

This substitution was brought into general effect as from 2 July 2001.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
159 Part 7 s 104 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Compliance orders 104 Scope of compliance order (1) A compliance order may be served on any person by an en­ forcement ofﬁcer— (a) Requiring that person to cease, or prohibiting that per­ son from commencing, anything done or to be done by or on behalf of that person that, in the opinion of the en­ forcement ofﬁcer,— (i) Contravenes or is likely to contravene this Act, any regulations, or a control imposed by an ap­ proval under this Act; or Relates to any hazardous substance or new organ­ ism and is or is likely to be dangerous, to such an extent that it has or is likely to have an adverse effect on the health and safety of people or the environment; or (ii) (b) Requiring that person to do something that, in the opin­ ion of the enforcement ofﬁcer, is necessary to ensure that person complies with this Act, any regulations, con­ trols imposed by an approval granted under this Act, or is necessary to avoid, remedy, or mitigate any actual or likely adverse effects on people or the environment re­ sulting from any breach of any regulations or any con­ trols imposed by an approval granted under this Act— Caused by or on behalf of the person; or (i) Relating to any land of which the person is the (ii) owner or occupier.
(2) A compliance order may be made subject to such conditions as are reasonable in the circumstances.

105 Compliance with compliance order Subject to the rights of appeal in section 125 of this Act, any person on whom a compliance order is served shall— (a) Comply with the order within the period speciﬁed in the order; and (b) Unless the order directs otherwise, pay all the costs and expenses of complying with the order.
160 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7 s 107 106 Form and content of compliance order (1) Every compliance order shall be in the prescribed form and shall state— (a) (b) (c) The name of the person to whom it is addressed; and The reasons for the order; and The action required to be taken or ceased or not under­ taken; and The period within which the action shall be taken or cease; and The consequences of either not complying with the order or lodging a notice of appeal; and The rights of appeal under section 125 of this Act; and The name and address of the agency whose enforcement ofﬁcer served the order.
(d) (e) (f) (g) (2) The period referred to in paragraph (1)(d) of this section must— (a) (b) commence at the time the notice is served; and be reasonable, having regard to the circumstances giv­ ing rise to the compliance order.

Subsection (1)(d) was amended, as from 30 October 2003, by section 50(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by omitting the words “, which shall not be less than 4 days from the time at which the notice is served”.
Subsection (1)(f) was amended, as from 30 October 2003, by section 50(2) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by omitting the words “and the last day on which a notice of appeal can be lodged”.

Subsection (2) was inserted, as from 30 October 2003, by section 50(3) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
107 Service of compliance order (1) Where a compliance order is to be served on a person, it may be served— (a) (b) (c) By delivering it personally to the person (other than a Minister of the Crown); or By delivering it at the usual or last known place of resi­ dence or business of the person by any means, including by facsimile; or By sending it by pre­paid post addressed to the person at the usual or last known place of residence or business of that person.
161 Part 7 s 108 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (2) Where a notice or other document is to be served on a body (whether incorporated or not) for the purposes of this Act, ser­ vice on an ofﬁcer of the body, or on the registered ofﬁce of the body, in accordance with subsection (1) of this section shall be deemed to be service on the body.
(3) Where a notice or other document is to be served on a part­ nership for the purposes of this Act, service on any one of the partners in accordance with subsection (1) of this section shall be deemed to be service on the partnership.
(4) Where a notice or other document is sent by post to a person in accordance with subsection (1)(c) of this section, it shall be deemed, in the absence of proof to the contrary, to be received by the person at the time at which the letter would have been delivered in the ordinary course of the post.

108 Cancellation of compliance order (1) For the purposes of this section, relevant person means the person or body who or which appointed the enforcement ofﬁ­ cer who served the compliance order.
(2) Where a relevant person considers that a compliance order is no longer required, the relevant person may cancel the order at any time except where the order is subject to appeal under section 125 of this Act.

(3) Where any relevant person delegates his or her power under this section, no person to whom the powers are delegated shall consider any application made under subsection (6) of this sec­ tion, in respect of any compliance order which he or she has issued.
The chief executive of a territorial authority may delegate any of his or her powers, functions, or duties under this section.

The relevant person shall give written notice of a decision under subsection (2) of this section to cancel a compliance order to any person subject to the order.

(5) (4) (6) Any person who is directly affected by a compliance order may apply in writing to the relevant person to change or cancel the order.
The relevant person shall, as soon as practicable, consider the application, having regard to the purpose for which the compli­ (7) 162 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7 s 109 ance order was given, the effect of a change or cancellation on that purpose, and any other matter the relevant person thinks ﬁt; and the relevant person may conﬁrm, change, or cancel the order.
The relevant person shall give written notice of the decision to the person who applied under subsection (6) of this section.
(8) (9) Where the relevant person, after considering an application made under subsection (6) of this section by a person who is directly affected by a compliance order, conﬁrms the order or changes it in a way other than that sought by that person, that person may appeal to the District Court in accordance with section 125(3) of this Act against the whole or any part of the compliance order.

(10) A compliance order may not be cancelled where the District Court has conﬁrmed the order.
Enforcement 109 Offences (1) Every person commits an offence against this Act who— (a) Manufactures any hazardous substance in contraven­ (aa) tion of this Act; or imports, manufactures, uses, or stores a persistent or­ ganic pollutant in contravention of this Act; or.
(b) Develops or ﬁeld tests a new organism in contravention (c) of this Act; or Knowingly imports or releases a new organism in contravention of this Act; or (d) Knowingly, recklessly, or negligently— (i) Manufactures, imports, develops, uses, or dis­ poses of any hazardous substance or new organ­ ism where any approval is suspended in accord­ ance with section 64 of this Act: Possesses or disposes of any hazardous substance or new organism imported, manufactured, devel­ oped, or released in contravention of this Act; or (ii) Fails to comply with— (i) Any controls imposed by any approval granted under this Act; or (e) 163 Part 7 s 109 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (ii) Any controls speciﬁed in any regulations; or (iii) Any requirement to obtain a test certiﬁcate spe­ ciﬁed in any regulations; or (f) (g) (ea) (eb) fails to comply with a condition on a licence or permis­ sion granted under section 95A or section 95B; or fails to comply with a condition imposed under sec­ tion 96B(1)(b) on an identiﬁed group of hazardous sub­ stances; or Fails to comply with any compliance order served under section 107 of this Act; or Fails to comply with any of the requirements of section 124 of this Act; or Fails without any lawful justiﬁcation or excuse to obtain any transferable permit when required to do so by any Order in Council in force under this Act; or Being a manufacturer, developer, or importer of any hazardous substance or new organism knowingly fails to report any
 signiﬁcant new information of any adverse effect of that hazardous substance or new organism; or (j) Knowingly personates any enforcement ofﬁcer; or (k) Wilfully obstructs any enforcement ofﬁcer in the course (h) (i) (l) of his or her duties; or Falsely informs a person that an emergency exists where that person knows the information to be false; or (m) Knowingly labels any package or container in such a manner that the label could in an emergency wrongly indicate the presence of hazardous substances to an en­ forcement ofﬁcer, ﬁre services ofﬁcer, or member of the Police.
(2) Notwithstanding anything in the Summary Proceedings Act 1957, any information in respect of any offence against sub­ section (1) of this section may be laid by any person at any time within 120 working days after the time when the contra­ vention giving rise to the information ﬁrst became known, or should have become known, to that person.
Subsection (1)(aa) was inserted, as from 23 December 2004, by section 12 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
164 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7 s 112 Subsection (1)(b) was amended, as from 7 May 1999, by section 9 Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by insert­ ing the words “or ﬁeld tests”.

Subsection (1)(ea) was inserted, as from 24 March 2004, by section 7 Haz­ ardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).
Subsection (1)(eb) was inserted, as from 22 December 2005, by section 29 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123).
110 Infringement offences In sections 111 to 113 of this Act— Infringement fee, in relation to an infringement offence, means the amount ﬁxed by regulations made under section 140 of this Act, as the infringement fee for the offence Infringement offence means an offence speciﬁed as such in regulations made under section 140 of this Act.
Section 110 was amended, as from 7 May 1999, by section 15(d) Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by substi­ tuting the expression “140” for the expressions “140(j)” and “140(i)”.
111 Commission of infringement offence Where any person is alleged to have committed an infringe­ ment offence, that person may either— (a) Be prosecuted against for the alleged offence under the Summary Proceedings Act 1957; or Be served with an infringement notice as provided for in section 112 of this Act.
(b) Infringement notices 112 (1) Where an enforcement ofﬁcer observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice may be issued in respect of that offence.
(2) Any enforcement ofﬁcer (not necessarily the ofﬁcer who is­ sued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person’s last known place of residence or business; and in that case for the purpose of the Summary Proceedings Act 1957, it (or the copy) 165 Part 7 s 113 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (3) shall be deemed to have been served on that person when it was posted.
Every infringement notice shall be in the prescribed form and shall contain the following particulars— (a) Such details of the alleged infringement offence as are sufﬁcient fairly to inform a person of the time, place, and nature of the alleged offence; and The amount of the infringement fee speciﬁed for that offence; and The address at which the infringement fee may be paid; and The time within which the infringement fee must be paid; and A summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and A statement that the person served with the notice has the right to request a hearing; and (b) (c) (d) (e) (f) (h) (g) A statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and Such other particulars as are prescribed.
(4) Where an infringement notice has been issued under this sec­ tion, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and in that case the pro­ visions of that section shall apply with the necessary modiﬁ­ cations.
113 Entitlement to infringement fees A territorial authority shall be entitled to retain all infringe­ ment fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement ofﬁcer employed by that authority.
114 Penalties (1) Every person who commits an offence against paragraph (a)or paragraph (aa)or paragraph (b) or paragraph (c) or paragraph (d) or paragraph (e) or paragraph (ea) or paragraph (eb) of section 109(1) of this Act is liable on summary conviction to 166 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7 s 114 imprisonment for a term not exceeding 3 months or a ﬁne not exceeding $500,000 and, if the offence is a continuing one, to a further ﬁne not exceeding $50,000 for every day or part of a day during which the offence has continued.
Every person who commits an offence against paragraph (f) or paragraph (g) or paragraph (h) or paragraph (i) of section 109(1), or section 156(1), of this Act is liable on summary conviction to a ﬁne not exceeding $50,000 and, if the offence is a continuing one, to a further ﬁne not exceeding $5,000 for every day or part of a day during which the offence has continued.
Every person who commits an offence against paragraph (j) or paragraph (k) or paragraph (l) or paragraph (m) of section 109(1) of this Act is liable on summary conviction to a ﬁne not exceeding $5,000.

(2) (3) (4) Where any person is convicted of an offence against section 109 of this Act, the Court may, instead of or in addition to imposing any ﬁne or term of imprisonment, revoke any trans­ ferable permit held by that person.
(5) Where any person is convicted of an offence against section 109 of this Act, the Court may, instead of or in addition to imposing any ﬁne or term of imprisonment, order the person to mitigate or remedy any adverse effects on people or the environment— (a) (b) Caused by or on behalf of the person; or Relating to any land of which the person is the owner or occupier— or to pay the costs of doing so.
(6) Where any person is convicted of an offence against section 109 of this Act, the Court may, instead of or in addition to im­ posing any ﬁne or term of imprisonment, order the destruction of any new organism.

(6A) To avoid doubt, the Court may make an order under either or both of subsection (5) and subsection (6) against the same person in respect of the same offence.
The continued existence of anything, or the intermittent repe­ tition of any actions, contrary to any provision of this Act shall be deemed to be a continuing offence.
(7) 167 Part 7 s 115 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Subsection (1) was amended, as from 24 March 2004, by section 8 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7) by inserting the words “or paragraph (ea)” after the words “or paragraph (e)”.
Subsection (1) was amended, as from 23 December 2004, by section 13 Haz­ ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37) by inserting the words “or paragraph (aa)” after the expression “paragraph (a)” See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
Subsection (1) was amended, as from 22 December 2005, by section 30 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123) by inserting the words “or paragraph (eb)” after the words “or paragraph (ea)”.

Subsection (6A) was inserted, as from 30 October 2003, by section 51 Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
115 Liability of employers and principals (1) Subject to subsection (3) of this section, where any offence is committed against this Act by a person as the employee of another person, that offence shall, for the purposes of this Act, be treated as committed by that other person as well as by the ﬁrst­mentioned person, whether or not it was done with that other person’s knowledge or approval.
(2) Where any offence is committed against this Act by a person acting as the agent of another person, that offence shall, for the purposes of this Act, be treated as committed by the principal unless it is done without the principal’s express or implied au­ thority.
In any proceedings (being proceedings for an offence against this Act or regulations) against any person in respect of any offence alleged to have been committed against this Act by an employee of that person, it shall be a defence for that person to prove— (a) (3) That— (i) He or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed; or (ii) He or she took such steps as were reasonably practicable to prevent the commission of the of­ fence; and 168 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7 s 117 (b) That he or she took such steps as were reasonable in all the circumstances to remedy any effects of the act or omission giving rise to the offence.
116 Liability of directors and ofﬁcers of bodies corporate Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate shall be guilty of the like offence if it is proved— (a) That the act that constituted the offence took place with his or her authority, permission or consent; and That he or she knew or could reasonably be expected to have known that the offence was to be or was being committed and failed to take all reasonable steps to pre­ vent or stop it.
(b) 117 (1) (2) Strict liability and defences In any prosecution for an offence speciﬁed in paragraph (a)or paragraph (aa) or paragraph (b) or paragraph (e) or paragraph (eb) or paragraph (f) or paragraph (g) of section 109(1) of this Act, it is not necessary to prove that the defendant intended to commit the offence.
It is a defence to prosecution of the kind referred to in subsec­ tion (1) of this section, if the defendant proves— (a) That— (i) (ii) The action or event to which the prosecution re­ lates was necessary for the purposes of saving or protecting life or health, or preventing ser­ ious damage to property or avoiding an actual or likely adverse effect on the environment; and The conduct of the defendant was reasonable in the circumstances; and (b) (iii) The defendant took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred; or That the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabo­ tage, and in each case— 169 Part 7 s 117 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (c) (i) (ii) The action or event could not reasonably have been foreseen or been provided against by the defendant; and The defendant took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred; or That the action or event to which the prosecution related was within the defendant’s control; but— (i) The defendant had taken all reasonable steps to prevent the action or event; and The defendant took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred.
(ii) It is a defence to prosecution for any offence speciﬁed in sec­ tion 109(1)(e)(ii) or (iii) of this Act that the defendant— (a) Complied with any code of practice approved under section 79 of this Act as a method of achieving the con­ trols that it is alleged that the defendant failed to comply with; or (b) Was the holder of any current test certiﬁcate issued by any test certiﬁer in accordance with section 82 of this Act, certifying that the controls that it is alleged that the defendant failed to comply with had been met,— unless the defendant had reason to believe that the code of practice or the structure or goods covered by the test certiﬁcate did not meet the relevant controls.
Subsection (1) was amended, as from 23 December 2004, by section 14 Haz­ ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37) by inserting the words “or paragraph (aa)” after the expression “paragraph (a)” See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
Subsection (1) was amended, as from 22 December 2005, by section 31 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123) by inserting the words “or paragraph (eb)” after the words “or paragraph (e)”.

Subsection (3) was amended, as from 7 May 1999, by section 9 Hazardous Sub­ stances and New Organisms Amendment Act 1999 (1999 No 35) by omitting the words “, the approved plan,”.
(3) 170 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7 s 119 118 Fines to be paid to territorial authority instituting (1) (2) prosecution Subject to subsection (2) of this section, where a person is convicted of an offence under section 109 of this Act and the Court imposes a ﬁne, the Court shall, if the information for that offence was laid on behalf of a territorial authority, order that the ﬁne be paid to that territorial authority.
There shall be deducted from every amount payable to a ter­ ritorial authority under subsection (1) of this section, a sum equal to 10 percent thereof, and that sum shall be credited to the Crown Bank Account.
(3) Notwithstanding anything in subsection (2) of this section, where any money awarded by a Court in respect of any loss or damage is recovered as a ﬁne, and that ﬁne is ordered to be paid to a territorial authority under subsection (1) of this sec­ tion, no deduction shall be made under subsection (2) of this section in respect of that money.
Subject to subsection (2) of this section, an order of the Court made under subsection (1) of this section shall be sufﬁcient authority for the Registrar receiving the ﬁne to pay that ﬁne to the territorial authority entitled to it under the order.

(4) (5) Nothing in section 73 of the Public Finance Act 1989 shall apply to any ﬁne ordered to be paid to any territorial authority under subsection (1) of this section.
Search warrants 119 (1) Any District Court Judge or Justice of the Peace or Community Magistrate or any Registrar who is satisﬁed, on application in writing made on oath, that there are reasonable grounds for believing that there is, in or on or under or over any premises or any dwelling,— (a) Any substance or organism that has been imported, manufactured, developed, released, held, transported, or disposed of in contravention of this Act; or (b) Any documents or other records which there are reason­ able grounds to believe may be evidence of the commis­ sion of any offence under this Act to which paragraph (a) of this subsection applies,— may issue a search warrant in the prescribed form.
171 Part 7 s 119 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (2) Every search warrant shall be directed either to a member of the Police by name or to every member of the Police or to any enforcement ofﬁcer by name, but in any of those cases, the warrant may be executed by any member of the Police.

(3) On issuing a warrant, the Judge, Justice of the Peace, Com­ munity Magistrate, or Registrar may impose such reasonable conditions on its execution as he or she thinks ﬁt.
(5) (4) Any member of the Police or any enforcement ofﬁcer may call any person to assist him or her in the execution of a search warrant.
Every warrant shall, subject to any conditions imposed under subsection (3) of this section, authorise the member of the Po­ lice or the enforcement ofﬁcer who is executing it, and any person called on by that member or ofﬁcer to assist,— (a) (b) (c) (d) To enter the premises or dwelling on one occasion within 14 days after the date of the issue of the warrant at any time that is reasonable in the circumstances; and To use such force, both for making entry (either by breaking open doors or otherwise) and for breaking open anything on the premises or dwelling, as is rea­ sonable in the circumstances; and To search for and seize— (i) Any substance or organism found on the premises or dwelling and believed on reasonable grounds to have been imported, manufactured, developed, released, held, transported, or dis­ posed of in contravention of this Act; and (ii) Any documents or other records which there are reasonable grounds to believe may be evidence of the commission of any offence under this Act; and To take any photographs, and make any drawings of any structure, container, packaging, or label where there are reasonable grounds to believe that the structure, con­ tainer, packaging, or label is in breach of the provisions of this Act or regulations.
(6) Any member of the Police or enforcement ofﬁcer who exe­ cutes a search warrant shall carry the warrant with him or her, and shall produce it for inspection— 172 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7 s 120 (a) On ﬁrst entering the premises or dwelling, to the person appearing to be in charge of the premises or dwelling; and (b) Whenever subsequently required to do so, on the premises or dwelling, by any other person appearing to be in charge of the premises or any part of the premises or dwelling.
(7) Where the occupier of the premises or dwelling is not present at the time the search warrant is executed, the member of the Police or enforcement ofﬁcer shall leave in a prominent place on the premises or dwelling a written statement of the time and date of the search, and of the member of the Police’s or enforcement ofﬁcer’s name and the address of the Police sta­ tion or other ofﬁce to which enquiries should be made.
(8) Where any substance or organism or books, documents, or other records is or are seized in execution of a search warrant, the member of the Police or enforcement ofﬁcer executing the warrant shall leave in a prominent place on the premises or dwelling or send to the occupier, within 10 working days after the search, a written inventory of all things so seized.
Subsection (1) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting the words “or Community Magistrate”.

Subsection (3) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting the words “Community Magistrate,”.
120 Dealing with property seized by enforcement ofﬁcers Section 199 of the Summary Proceedings Act 1957 applies, with the necessary modiﬁcations, to any property seized by any enforcement ofﬁcer as if— (a) The reference in that section to section 198 of that Act were a reference to section 119 or section 137 of this Act; and References in that section to a constable were references to an enforcement ofﬁcer.
(b) 173 Part 7 s 121 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 121 Application of Customs and Excise Act 1996 to hazardous substance imported in breach of this Act A hazardous substance that is being, or has been, imported in breach of this Act is a prohibited import under section 54 of the Customs and Excise Act 1996, and the provisions of that Act (including, for the avoidance of doubt, section 209 of that Act) apply accordingly.
Sections 121 and 122 were substituted, as from 7 May 1999, by section 11 Haz­ ardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

Section 121 was substituted, as from 22 December 2005, by section 32 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123).
122 Power to require hazardous substance to leave New (b) Zealand If a customs ofﬁcer has reasonable cause to believe that a haz­ ardous substance is being, or has been, imported in breach of this Act, the customs ofﬁcer may,— (a) in the case of a hazardous substance that is being im­ ported in breach of this Act, direct that the importer of the hazardous substance cause the hazardous substance to remain on the ship or aircraft and leave New Zealand at the importer’s own cost and in accordance with the directions of the customs ofﬁcer; or in the case of a hazardous substance that has been im­ ported in breach of this Act and has been unloaded from a ship or aircraft, direct that the importer of the haz­ ardous substance cause the hazardous substance to leave New Zealand at the importer’s own cost and in accord­ ance with the directions of the customs ofﬁcer.
Subsection (1)(b) applies only to hazardous substances that are goods that are subject to the control of the Customs in accordance with section 20 of the Customs and Excise Act 1996.
In this section,— cost, in relation to a hazardous substance that has been im­ ported in breach of this Act, includes the costs of handling, storing, and transporting the hazardous substance (1) (2) (3) 174 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7 s 124 importer importer has the same meaning as in section 2(1) of the Customs and Excise Act 1996.
Sections 121 and 122 were substituted, as from 7 May 1999, by section 11 Haz­ ardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

Section 122 was substituted, as from 22 December 2005, by section 33 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123).
123 Declaration that organism not genetically modiﬁed Any inspector (as deﬁned in section 2(1) of the Biosecurity Act 1993) may require any person importing any organism to declare, by statutory declaration, that the organism is not a genetically modiﬁed organism.
124 Responsibilities of carrier and person in charge of any (1) (2) craft For the purposes of this Act, the carrier and the person in charge of any craft that berths, lands, or otherwise arrives in New Zealand from another country, or that is to so berth, land, or arrive, shall— (a) Ensure that any documentation, required by regulations, in relation to all hazardous substances loaded onto that craft is available: (b) On arrival of the craft at a port of entry or Customs airport, produce for inspection such documentation as a Customs ofﬁcer may lawfully specify.
The carrier and the person in charge of a craft leaving New Zealand shall— (a) Provide transportation from New Zealand, at the cost in respects of the carrier, of any hazardous substance on board the craft, or any other craft operated by the carrier when it arrived in New Zealand, which was not accom­ panied by the documentation required by regulations: In respect of any hazardous substance for which the car­ rier is obliged to provide transportation or the cost of transportation under paragraph (a) of this subsection, to pay all the costs (if any) incurred by the Crown in hold­ ing that substance before the removal of that substance from New Zealand.
(b) 175 Part 7A s 124A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Part 7A Pecuniary penalties and civil liability for breaches relating to new organisms Part 7A (comprising sections 124A to 124I) was inserted, as from 30 October 2003, by section 52 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
124A Interpretation In this Part, unless the context otherwise requires,— Court means the High Court enforcement agency means the chief executive of the de­ partment of State responsible for the administration of the Biosecurity Act 1993.

Part 7A (comprising sections 124A to 124I) was inserted, as from 30 October 2003, by section 52 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Pecuniary penalties 124B Pecuniary penalty order (1) The enforcement agency may apply to the Court for an order that a person pay to the Crown a pecuniary penalty under this Act.
The Court may make the order if it is satisﬁed that the person— developed, ﬁeld tested, imported, or released a new or­ (a) ganism in breach of this Act; or possessed or disposed of any new organism imported, developed, or released in breach of this Act; or failed to comply with any controls relating to a new organism— (i) imposed by any approval granted under this Act; or speciﬁed in regulations made under this Act.
(ii) (b) (c) The Court must not make the order if the person satisﬁes the Court that the person did not know, and could not reasonably have known, of the breach.

Part 7A (comprising sections 124A to 124I) was inserted, as from 30 October 2003, by section 52 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(2) (3) 176 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7A s 124C Section 124B(2)(b): amended, on 20 September 2007, by section 6 of the Haz­ ardous Substances and New Organisms Amendment Act 2007 (2007 No 61).
124C Amount of pecuniary penalty (1) The Court must not make an order for the payment of a pecu­ niary penalty that exceeds,— (a) (b) in the case of an individual, $500,000; or in the case of a body corporate, the greater of— (i) (ii) $10,000,000; or if it can be readily ascertained and if the Court is satisﬁed that the contravention occurred in the course of producing a commercial gain, 3 times the value of any commercial gain resulting from the contravention; or if the commercial gain cannot be readily ascer­ tained, 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any).
(iii) (2) In determining an appropriate penalty under this section, the Court must have regard to all relevant matters, including— (a) (b) the nature and extent of the breach: the nature and extent of any loss or damage suffered by any person or to the environment as a result of the breach: (c) the circumstances in which the breach took place: (d) whether or not the person has previously been found in proceedings under this Act to have engaged in any similar conduct: the steps taken by the person to bring the breach to the attention of the enforcement agency: the steps taken by the person to avoid, remedy, or miti­ gate the effects of the breach.
(e) (f) (3) In this section, interconnected and turnover have the same meaning as in the Commerce Act 1986.

Part 7A (comprising sections 124A to 124I) was inserted, as from 30 October 2003, by section 52 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
177 Part 7A s 124D Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 124D Other orders instead of or in addition to pecuniary penalty order (1) At the conclusion of proceedings for an order for the payment of a pecuniary penalty under section 124B, the Court may, instead of or in addition to making the order, make— (a) an order that the person mitigate or remedy any adverse effects on people or the environment— (i) (ii) caused by or on behalf of the person; or relating to any land that the person owns or oc­ cupies; or (b) an order to pay the costs of mitigating or remedying the adverse effects speciﬁed in paragraph (a).
(2) At the conclusion of proceedings for an order for the payment of a pecuniary penalty under section 124B the Court may, in­ stead of or in addition to making the order, make an order for the destruction of the new organism involved in the breach.

To avoid doubt, the Court may make an order under either or both of subsections (1) and (2) against the same person in respect of the same breach.
Part 7A (comprising sections 124A to 124I) was inserted, as from 30 October 2003, by section 52 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

(3) 124E Standard of proof and procedural matters In proceedings for an order under section 124B,— (a) the standard of proof is the standard of proof that applies in civil proceedings; and the enforcement agency may, by order of the Court, ob­ tain discovery and administer interrogatories.
(b) Part 7A (comprising sections 124A to 124I) was inserted, as from 30 October 2003, by section 52 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(1) 124F Relationship between concurrent proceedings for pecuniary penalty and criminal proceedings Criminal proceedings under this Act may be started against a person whether or not proceedings for an order under section 124B have been started against the person for the same act or omission or substantially the same act or omission in respect of which the criminal proceedings have been started.
178 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7A s 124H (2) Uncompleted proceedings for an order under section 124B must be stayed if criminal proceedings are started or have already been started against the person for the same act or omission or substantially the same act or omission in respect of which the order is sought.
Part 7A (comprising sections 124A to 124I) was inserted, as from 30 October 2003, by section 52 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Civil liability for acts and omissions while in breach 124G Civil liability (1) A person is liable in damages for any loss or damage caused (b) (c) by any act or omission of the person while— (a) developing, ﬁeld testing, importing, or releasing a new organism in breach of this Act: possessing or disposing of any new organism imported, developed, or released in breach of this Act; or failing to comply with any controls relating to a new organism— (i) imposed by any approval granted under this Act; or speciﬁed in any regulations made under this Act.
(ii) (2) A person is liable under subsection (1) whether or not— (3) (a) (b) the person intended the act, omission, or breach; or the person was taking reasonable care when the act, omission, or breach occurred.

To avoid doubt, proceedings under this section are in addition to, and not in substitution for, any other cause of action.

Part 7A (comprising sections 124A to 124I) was inserted, as from 30 October 2003, by section 52 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 124G(1)(b): amended, on 20 September 2007, by section 7 of the Haz­ ardous Substances and New Organisms Amendment Act 2007 (2007 No 61).

124H Defences to liability under section 124G (1) A person is not liable under section 124G if the person proves 1 or more of the defences speciﬁed in subsection (2) in relation to the breach.
179 Part 7A s 124I Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (2) The defences are— that— (a) (i) the breach was necessary for the purpose of— (A) (B) (C) saving or protecting life or health; or preventing serious damage to property; or avoiding an actual or likely adverse effect on the environment; and (ii) (iii) the conduct of the defendant was reasonable in the circumstances; and the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after it occurred; or that the breach was due to an event beyond the control of the defendant (including natural disaster, mechanical failure, or sabotage) and— (i) the event could not reasonably have been fore­ seen or been provided against by the defendant; and the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after the event occurred; or that the defendant did not know, and could not reason­ ably have known, of the breach.
(ii) (b) (c) Part 7A (comprising sections 124A to 124I) was inserted, as from 30 October 2003, by section 52 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Liability for acts and omissions of others 124I Breaches, acts, and omissions by directors, employees, (1) or agents This section applies for the purposes of sections 124B and 124G (2) A body corporate is to be treated as in breach of this Act or as having done or omitted to do an act if— (a) a director, employee, or agent of the body corporate, acting within the scope of his or her actual or apparent authority, is in breach of this Act or has done or omitted to do an act; or 180 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 7A s 124I (b) any other person, at the direction or with the consent or agreement (whether express or implied) of a director, employee, or agent of the body corporate, given within the scope of the actual or apparent authority of the dir­ ector, employee, or agent, is in breach of this Act or has done or omitted to do an act.
(b) (4) (3) A person (person A) who is not a body corporate is to be treated as in breach of this Act or as having done or omitted to do an act if— (a) an employee or agent of person A, acting within the scope of his or her actual or apparent authority, is in breach of this Act or has done or omitted to do an act; or any other person, at the direction or with the consent or agreement (whether express or implied) of an employee or agent of person A, given within the scope of the ac­ tual or apparent authority of the employee or agent, is in breach of this Act or has done or omitted to do an act.
If a person in breach of this Act has a defence to the breach under section 124H, the defence is also available to another person if the breach is to be treated under subsection (2) or subsection (3) as also the breach of the other person.

(5) However, the defence under section 124H(2)(c) is not avail­ able to the other person unless the other person also proves that he or she did not know, and could not reasonably have known, of the breach by the person.
If the Court is prevented by section 124B(3) from making an order under that section against a person in breach of this Act and the breach is to be treated under subsection (2) or subsec­ tion (3) of this section as also the breach of another person, the Court must not make an order under section 124B against the other person if it is satisﬁed that the other person did not know and could not reasonably have known of the breach.
Part 7A (comprising sections 124A to 124I) was inserted, as from 30 October 2003, by section 52 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(6) 181 Part 8 s 125 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Part 8 Appeals 125 Appeals (1) In any case where the Authority— (a) Issues a transferable permit entitling the holder to import or manufacture less substance than the holder claimed to be entitled to import or manufacture; or (b) Declines any application for a transferable permit; or (c) (d) Revokes any transferable permit; or Imposes any charge on any person to recover costs in accordance with section 21 of this Act; or revokes a test certiﬁcate under section 82C; or Declines any application for approval as a test certiﬁer in respect of any relevant controls in accordance with section 84 of this Act; or Revokes any approval to act as a test certiﬁer in respect of any relevant controls in accordance with section 86 of this Act; or Suspends all or any part of any approval to act as a test certiﬁer in accordance with section 86 of this Act; or (h) Declines any application under section 51 of this Act to tranship a substance or organism,— (da) (e) (f) (g) (i) any person directly affected may appeal against that decision to the District Court.
(1A) A person may appeal to the District Court against— (a) (b) (ii) a decision of the Authority, under section 95A,— (i) about the terms and conditions of a permission held by the person; or declining to grant the person a permission or re­ voking a permission held by the person; or a decision of the Authority, under section 95B,— (i) about the terms and conditions of a licence held by the person; or declining to grant the person a licence or revok­ ing a licence held by the person.
(ii) (2) In any case where— 182 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 8 s 125 (a) Any property is seized and retained pursuant to section 119 of this Act; or (b) An application for compensation is declined in accord­ (c) ance with section 138 of this Act; or Costs are awarded in accordance with section 61 of this Act,— the person directly affected may appeal against that decision to the District Court.
(2A) Where a customs ofﬁcer directs in accordance with section 122 that a hazardous substance remains on a ship or aircraft, the person directly affected may appeal against that direction to the District Court.

If a customs ofﬁcer directs in accordance with section 122 that an importer of a hazardous substance is to cause the hazardous substance to leave New Zealand, the importer may appeal against that direction to the District Court.
(2B) (3) Any person on whom a compliance order is served may appeal to the District Court against the whole or any part of that order.

(4) Any person who lodges a notice of appeal under subsection (3) of this section may apply to the District Court for a stay of the compliance order until the determination of the appeal.
The District Court shall not conﬁrm a compliance order against which an appeal has been lodged where the person on whom the order was served was acting in accordance with— Controls on any hazardous substance under this Act; or (a) Conditions imposed on an approval granted under this (b) Act.

(5) (6) Subject to subsection (7) of this section the decision of the Court on any appeal under this Act shall be ﬁnal.
(7) Any party to an appeal under this section may further appeal to the High Court on a question of law.

Subsection (1)(da) was inserted, as from 22 December 2005, by section 34(1) Hazardous Substances and New Organisms (Approvals and Enforce­ ment) Amendment Act 2005 (2005 No 123).

Subsection (1)(h) was repealed, as from 7 May 1999, by section 12 Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).
Subsection (1A) was inserted, as from 24 March 2004, by section 9 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7).

183 Part 8 s 126 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Subsection (2A) was inserted, as from 7 May 1999, by section 12 Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).
Subsection (2B) was inserted, as from 22 December 2005, by section 34(2) Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123).
126 Appeal on question of law (1) Any— (a) (b) Party to any application for an approval or an applica­ tion under section 26 of this Act or regulations; or Person who made submissions to the Authority on any application for an approval or an application under sec­ tion 26 of this Act or regulations— may appeal against the decision of the Authority to the High Court on a question of law, unless a right of appeal to the Dis­ trict Court against the decision is provided for in any other provision of this Act.
(2) Any report and recommendation of the Authority under sec­ tion 72 of this Act is deemed to be a decision for the purposes of Part 10 of the High Court Rules.

(3) An appeal under this section shall be made in accordance with the High Court Rules, except to the extent that those rules are inconsistent with sections 127 to 134 of this Act.
127 Notice of appeal Before or immediately after the ﬁling and service of a notice of appeal, the appellant shall serve a copy of the notice on— (a) (b) (c) The Authority; and Every other party to the proceedings; and Any other person who made a submission to the Au­ thority.
128 Right to appear and be heard on appeal (1) A party to any proceedings, or any person who made submis­ sions to the Authority, and who wishes to appear and be heard on an appeal to the High Court, shall give notice of his or her intention to appear to— (a) (b) The appellant; and The Registrar of the High Court; and 184 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 8 s 130 (2) The Authority.
(c) The notice to appear under subsection (1) of this section shall be served within 10 working days after the party or the person was served with the notice of appeal.

129 Parties to appeal before High Court (1) The parties to an appeal before the High Court are the appel­ lant, the Authority, and any person who gives notice of inten­ tion to appear under section 128 of this Act.
The Registrar of the High Court shall ensure that the parties to an appeal before the High Court are served with— (a) A copy of every document which is ﬁled or lodged with the Registrar of the High Court relating to the appeal; and (2) (b) Notice of the time and date set down for hearing the appeal.
130 Orders of High Court (1) The High Court may, on application to it or on its own motion, make an order directing the Authority to lodge with the Regis­ trar of the High Court all or any of the following things: (a) Anything in the possession of the Authority relating to the appeal; and (c) (b) A report recording, in respect of any matter or issue the Court may specify, any of the ﬁndings of fact of the Authority which are not set out in its decision or report and recommendation; and A report setting out, so far as is reasonably practicable and in respect of any issue or matter the order may spe­ cify, any reasons or considerations to which the Author­ ity had regard but which are not set out in its decision or report and recommendation.
(2) An application under subsection (1) of this section shall be made,— (a) (b) In the case of the appellant, within 20 working days after the date on which the notice of appeal is lodged; or In the case of any other party to the appeal, within 20 working days after the date of the service on him or her of a copy of the notice of appeal.
185 Part 8 s 131 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (3) The High Court may make an order under subsection (1) of this section only if it is satisﬁed that a proper determination of a point of law so requires; and the order may be made subject to such conditions as the High Court thinks ﬁt.
131 Additional appeals on points of law (1) When a party to an appeal, other than the appellant, wishes to contend that the decision or report and recommendation of the Authority or District Court is in error on other points of law, that party may lodge a notice to that effect with the Registrar of the High Court.

The notice under subsection (1) of this section shall be lodged within 20 working days after the date on which the respondent is served with a copy of the notice of appeal.
Sections 127 to 129 of this Act apply to a notice lodged under subsection (1) of this section, with all necessary modiﬁcations.

(2) (3) 132 Extension of time On the application of a party to an appeal, the High Court may extend any period of time stated in sections 128 and 130 of this Act.
133 Date of hearing When a party to an appeal notiﬁes the Registrar of the High Court— (a) That the notice of appeal has been served on all parties to the proceedings; and Either— (i) (b) That no application has been lodged under sec­ tion 130 of this Act; or That any application lodged under section 130 of this Act has been complied with— (ii) the appeal is ready for hearing and the Registrar shall arrange a hearing date as soon as practicable.
134 Appeals to Court of Appeal Section 144 of the Summary Proceedings Act 1957 applies in respect of a decision of the High Court under section 126 of 186 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 9 s 136 this Act as if the decision has been made under section 107 of the Summary Proceedings Act 1957.
Part 9 Emergencies 135 Interpretation In this Part of this Act, unless the context otherwise requires,— Emergency means— (a) Actual or imminent danger to human health or safety; or (b) A danger to the environment or chattels so signiﬁcant that immediate action is required to remove the dan­ ger— arising from a hazardous substance or new organism Enforcement ofﬁcer includes any member of the Police, and any Chief Fire Ofﬁcer or person exercising the powers of a Chief Fire Ofﬁcer under section 28 or section 28A or section 29 of the Fire Service Act 1975.
136 Declaration of emergency (1) Where any enforcement ofﬁcer has reasonable grounds to be­ lieve that— (a) (b) There is an emergency; and Either,— (i) no state of emergency has been declared under the Civil Defence Emergency Management Act 2002; or The emergency is not being dealt with under the Fire Service Act 1975; or (ii) (iii) No emergency has been declared under section 144 of the Biosecurity Act 1993; or (iv) No other enforcement ofﬁcer has declared an emergency under this Act; and (c) All or any of the powers set out in section 137 of this Act should be exercised in order to— (i) (ii) Enter any premises or dwelling; or Remove the cause of the emergency; or 187 Part 9 s 136 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (iii) Stabilise the situation to limit the actual or likely (iv) adverse effects of the emergency; or Protect the health and safety of people, chattels, or the environment from the actual or likely ad­ verse effects of any emergency,— the enforcement ofﬁcer may declare a hazardous sub­ stance or new organisms emergency.
(2) A hazardous substance or new organisms emergency shall be declared by the enforcement ofﬁcer by— (a) Identifying himself or herself to any persons in the vicinity; and Stating his or her authority to exercise emergency powers; and Announcing the nature of the emergency and the area likely to be affected.
(b) (c) (3) Every enforcement ofﬁcer shall notify— (a) The person who appointed him or her as an enforcement ofﬁcer, if he or she was appointed under section 98 of this Act; and The Authority— (b) of every occasion on which a hazardous substances or new or­ ganisms emergency is declared by that ofﬁcer under this sec­ tion.
(4) Any emergency declared under this section shall cease— 48 hours after the time of declaration; or (a) (b) when a state of emergency is declared under the Civil Defence Emergency Management Act 2002; or (c) When the emergency is treated by a Chief Fire Ofﬁcer as an emergency under the Fire Service Act 1975; or (d) When an emergency is declared under section 144 of the Biosecurity Act 1993,— whichever is the sooner.
(5) Where the conditions which caused the emergency to be de­ clared under subsection (1) of this section still exist 48 hours after the time of declaration of the emergency and the emer­ gency has not been treated as an emergency under any of the provisions in paragraphs (b), (c), and (d) of subsection (4) of this section, one further declaration of emergency may be 188 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 9 s 137 made under this Act and the provisions of subsection (4) of this section shall apply accordingly.
(6) Any emergency declared under this section shall have effect over the area speciﬁed under subsection (2)(c) of this section.

Subsection (1)(b)(i) was substituted, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33).

See sections 118 to 121 of that Act as to the transitional provisions.

Subsection (4)(b) was substituted, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33).
See sections 118 to 121 of that Act as to the transitional provisions.
137 Emergency powers (1) When a hazardous substance or new organisms emergency has been declared under section 136 of this Act, any enforcement ofﬁcer may— (a) Enter any premises or any dwelling at any time without complying with the provisions of section 103 or section 119 of this Act: Exercise any of the powers set out in section 103 of this Act: Exercise any of the powers set out in section 119(5) of this Act: (b) (c) (d) Direct any person to stop any activity which may con­ (e) (f) tribute to the emergency: Request any person, either verbally or in writing, to take any action to prevent or limit the extent of the emer­ gency: Direct any person to leave any place in the vicinity of the emergency: (g) Direct any person to refrain from entering the vicinity (h) (i) (j) of the emergency: Requisition any property for use in the emergency: Destroy any property or any other thing in order to pre­ vent or limit the extent of the emergency: Secure the site for up to 24 hours following the decision of the enforcement ofﬁcer that the immediate danger is past.
(2) If an enforcement ofﬁcer enters any private property pursuant to the powers conferred by subsection (1) of this section, he or 189 Part 9 s 138 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 she shall advise the occupier of the property as soon as prac­ ticable.

Subsection (1)(b) was amended, as from 7 May 1999, by section 15(e) Haz­ ardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by substituting the expression “103” for the expression “103(3)”.
138 Compensation for property requisitioned or destroyed (1) Where any enforcement ofﬁcer or any person acting at the request of an enforcement ofﬁcer, made under section 137(1)(e) of this Act— (a) Requisitions any property from any person for use in an emergency; or (b) Destroys any property in order to prevent or limit the extent of any emergency,— (2) there shall be payable, on written application by any person having an interest in the property, by the organisation whose chief executive appointed the enforcement ofﬁcer or (where the enforcement ofﬁcer is a member of the Police) out of money appropriated by Parliament for the purpose, reason­ able compensation for any loss or damage caused by the requisition or destruction of the property.
Compensation shall not be payable under this section to any person who caused or contributed substantially to the emer­ gency which brought about the requisition or destruction.

(3) Where there is any dispute as to the entitlement of any person to compensation under this section, or as to the amount of such compensation, or as to the liability of the Crown or any other person or organisation to pay any such compensation, the mat­ ter shall be determined by any court of competent jurisdiction.
139 Protection of enforcement ofﬁcers and persons No action or proceedings shall be brought against any enforce­ ment ofﬁcer or any person acting at the request of an enforce­ ment ofﬁcer made under section 137(1)(e) of this Act, in re­ spect of any actions taken by any such ofﬁcer or person under this Part of this Act where that ofﬁcer or that person has acted in good faith and with reasonable care.
190 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 10 s 140 Part 10 Miscellaneous provisions 140 Regulations (1) Subject to section 141 of this Act, the Governor­General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) Prescribing organisms as genetically modiﬁed organ­ isms for the purpose of this Act: Prescribing organisms as organisms which are not gen­ etically modiﬁed for the purposes of this Act: (b) (ba) prescribing organisms that are not new organisms for (c) (d) (e) (f) (fa) (fb) (g) (h) the purposes of this Act: Prescribing or providing for controls on compressed gases, whether intrinsically hazardous or not: Prescribing the method of estimating the quantity of any substance or organism to be imported or manufactured: Prescribing controls for any hazardous substance to avoid or mitigate any adverse effects on the physical or chemical nature of the environment: Prescribing controls to avoid or mitigate illness or in­ jury to people or damage to the environment or chattels from any hazardous substance: prescribing controls for any conditionally released new organism or any qualifying organism released with con­ trols, to avoid or mitigate any adverse effects on the physical or chemical nature of the environment: prescribing controls for any conditionally released new organism or any qualifying organism released with con­ trols, to avoid or mitigate illness or injury to people or animals (other than the persons
 or animals referred to in section 38I(4)(a) and (b)) or damage to the environment or chattels: prescribing requirements to be met by a laboratory, and during the storage, importation, or transportation of any hazardous substance, for the purposes of section 33: Prescribing— (i) Any species as a risk species where any sub­ species, infrasubspecies, variety, strain, or culti­ 191 Part 10 s 140 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 var of that species may have adverse
 effects on the health and safety of people or the environ­ ment; or (ii) Any subspecies, infrasubspecies, variety, strain, or cultivar as a risk species where that subspecies, infrasubspecies, variety, strain, or cultivar may have adverse effects on the health and safety of people or the environment: (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) Prescribing those offences under this Act that constitute infringement offences against this Act: Prescribing forms of infringement notices, and prescrib­ ing the infringement fees (not exceeding $1,000) for each infringement offence, which may be different fees for different offences.
Prescribing countries or organisations for the purposes of sections 28, 31, 34, 38A, and 40 of this Act: Prescribing information to be provided with any appli­ cation for approval: Prescribing forms for the purposes of this Act: Prescribing documentation to be issued in respect of any hazardous substance before importation into New Zealand: Prescribing qualiﬁcations for— (i) Enforcement ofﬁcers appointed under section 100 of this Act: Test certiﬁers appointed under section 84 of this Act: (ii) Prescribing controls for by­products with hazardous properties, which result from the manufacture of any substance: Prescribing damage as serious environmental damage for the purposes of section 144 of this Act: Prescribing restrictions and prohibitions on the sale of speciﬁed ﬁreworks: Providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
Regulations may only be made under subsection (1)(p) of this section where the Authority has notiﬁed the Minister that the (2) 192 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 10 s 140 Authority has reviewed the controls on any by­product with hazardous properties under this Act or any other Act and has satisﬁed itself that those controls are not sufﬁcient to achieve the purposes of this Act.
(2A) Regulations may be made under subsection (1)(ba) only if the Minister has considered— (a) whether the organism has formed a self­sustaining population in New Zealand; and (b) whether any person is attempting to manage, control, or eradicate the organism under any Act.
(3) Any regulations made under this Act may provide for controls by reference to controls in regulations under any other Act: (5) (4) Any regulations made under subsection (1) may require any person to obtain a test certiﬁcate at any speciﬁed time certify­ ing that a speciﬁed requirement has been met.
Regulations made under subsection (1)(c) may prescribe or provide for controls on any compressed gases, whether or not the properties of any gas that is compressed are intrinsically hazardous, and those compressed gases must all be treated as hazardous substances for the purposes of Part 7 regardless of their properties.

Subsection (1)(ba) was inserted, as from 30 October 2003, by section 53(1) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Subsection (1)(c) was amended, as from 24 March 2004, by section 13 Haz­ ardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7) by inserting the words “, whether intrinsi­ cally hazardous or not”.

Subsection (1)(fa) and (fb) was inserted, as from 30 October 2003, by section 53(2) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Subsection (1)(g) was substituted, as from 2 July 2001, by section 34(1) Haz­ ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Section 140(1)(k): amended, on 20 September 2007, by section 8 of the Haz­ ardous Substances and New Organisms Amendment Act 2007 (2007 No 61).
Subsection (1)(k) was amended, as from 7 May 1999, by section 15(f) Haz­ ardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by substituting the expression “40” for the expression “39”.

Subsection (2A) was inserted, as from 30 October 2003, by section 53(3) Haz­ ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
193 Part 10 s 140A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Subsection (4) was inserted, as from 2 July 2001, by section 34(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Subsection (5) was inserted, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7).
140A Persistent organic pollutants (1) The Governor­General may, by Order in Council, amend Schedule 2A to— (a) add any hazardous substance that exhibits the charac­ teristics of a persistent organic pollutant as speciﬁed in the Stockholm Convention: include or amend a use for a persistent organic pollutant: include or amend a date on the close of which a use included under paragraph (b) ceases to be allowed.
(b) (c) (2) An Order in Council made under subsection (1) must be con­ sistent with New Zealand’s obligations under the Stockholm Convention.

Section 140A was inserted, as from 23 December 2004, by section 15 Haz­ ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
140B Schedule 1AA may be amended or substituted The Governor­General may, by Order in Council,— (a) amend Schedule 1AA by making any amendments to the text of the Stockholm Convention set out in the Schedule as are required to bring it up to date: revoke Schedule 1AA and substitute a new schedule setting out in an up­to­date form the text of the Stock­ holm Convention.
(b) Section 140B was inserted, as from 23 December 2004, by section 15 Haz­ ardous Substances and New Organisms (Stockholm Convention) Amendment See clause 2 Hazardous Substances and New Act 2003 (2003 No 37).

Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
194 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 10 s 141 141 Procedure for making Orders in Council (1) Before making any recommendation for the purpose of mak­ ing any Order in Council under this Act (other than any Order in Council or part of an Order in Council made under section 9(1), section 55(7),section 140(1)(i), (j), (m), or (n),or section 140A,or section 160(1)(b), (c), or (d) of this Act), the Minister shall— (a) Request the Authority to— (i) Do everything reasonably practicable on its part to advise all persons, who or which in its opinion may be affected by any Order in Council made in accordance with the recommendation, of the proposed terms of the Order in Council; and (ii) Give such persons a reasonable opportunity to make submissions on them to the Authority; and (iii) Advise the Minister of any submissions received, and any comments the Authority wishes to make on the submissions or the proposed Order in Council; and (b) Request the Authority to advise on the best international practices and standards for the safe management of haz­ ardous substances and new organisms,— (2) and the Minister shall have regard to those submissions and comments received in accordance with paragraph (a) of this subsection and to the advice received in accordance with para­ graph (b) of this subsection.
Subsection (1)(a) of this section shall not apply in respect of any Order in Council if the Minister considers it is desirable in the public interest that the Order in Council be made urgently.

(3) A failure to comply with subsection (1) of this section shall not affect the validity of any Order in Council made under this Act.
Subsection (1) was amended, as from 7 May 1999, by section 15(g) Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by sub­ stituting the expression “140(1)(i), (j), (m), or (n)” for the expression “140(i), (j), (m), or (n)”.

Subsection (1) was amended, as from 23 December 2004, by section 16 Haz­ ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37) by inserting the words “or section 140A,” after the words “section 140(1)(i), (j), (m), or (n),”.
See clause 2 Hazardous Substances 195 Part 10 s 141A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
141A Incorporation of material by reference (1) (b) The following material may be incorporated by reference into any regulations, group standard, notice of transfer, or code of practice: (a) standards, requirements, or recommended practices of international organisations: any document or other material that, in the opinion of the Minister (in the case of regulations) or the Authority (in the case of a group standard, notice of transfer, or code), is too large or impractical to be printed as part of the regulations, group standard, notice of transfer, or code.
(2) Any such material may be so incorporated in regulations, a group standard, a notice of transfer, or a code of practice either in whole or in part, and either unmodiﬁed or with such add­ itions or variations as are speciﬁed in the regulations, group standard, notice of transfer, or code.
(4) (3) Any material incorporated in regulations, a group standard, a notice of transfer, or a code of practice by reference under subsection (1) (as it existed on the date of the inclusion but with such additions or variations (if any) as are speciﬁed in the regulations, group standard, notice of transfer, or code) is to be regarded for all purposes as forming part of the regulations, group standard, notice of transfer, or code.
If any material is incorporated in regulations, a group standard, a notice of transfer, or a code of practice by reference under subsection (1), the Minister (in the case of regulations) or the Authority (in the case of a group standard, notice of transfer, or code) must ensure that, so long as the material remains so incorporated, copies of the material are available— (a) for inspection by members of the public free of charge; and for purchase by members of the public at a reasonable price— (b) at such place or places as the Minister or the Authority ap­ points.
196 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 10 s 141A Section 141A was inserted, as from 2 July 2001, by section 35 Hazardous Sub­ stances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Subsection (1) was amended, as from 22 December 2005, by section 35(1) Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123) by substituting the words “regulations, group standard, notice of transfer, or code of practice” for the words “regulations or code of practice”.
Subsection (1)(b) was amended, as from 22 December 2005, by section 35(2)(a) Hazardous Substances and New Organisms (Approvals and Enforce­ ment) Amendment Act 2005 (2005 No 123) by substituting the words “a group standard, notice of transfer, or code” for the words “a code”.
Subsection (1)(b) was amended, as from 22 December 2005, by section 35(2)(b) Hazardous Substances and New Organisms (Approvals and En­ forcement) Amendment Act 2005 (2005 No 123) by substituting the words “regulations, group standard, notice of transfer, or code” for the words “regulations or code”.
Subsection (2) was amended, as from 22 December 2005, by section 35(3)(a) Hazardous Substances and New Organisms (Approvals and En­ forcement) Amendment Act 2005 (2005 No 123) by substituting the words “regulations, a group standard, a notice of transfer, or a code of practice” for the words “regulations or a code of practice”.
Subsection (2) was amended, as from 22 December 2005, by section 35(3)(b) Hazardous Substances and New Organisms (Approvals and En­ forcement) Amendment Act 2005 (2005 No 123) by substituting the words “regulations, group standard, notice of transfer, or code” for the words “regulations or code”.
Subsection (3) was amended, as from 22 December 2005, by section 35(4)(a) Hazardous Substances and New Organisms (Approvals and En­ forcement) Amendment Act 2005 (2005 No 123) by substituting the words “regulations, a group standard, a notice of transfer, or a code of practice” for the words “regulations or a code of practice”.
Subsection (3) was amended, as from 22 December 2005, by section 35(4)(b) Hazardous Substances and New Organisms (Approvals and En­ forcement) Amendment Act 2005 (2005 No 123) by substituting the words “regulations, group standard, notice of transfer, or code” for the words “regulations or code” in both places they appear.
Subsection (4) was amended, as from 22 December 2005, by section 35(5)(a) Hazardous Substances and New Organisms (Approvals and En­ forcement) Amendment Act 2005 (2005 No 123) by substituting the words “regulations, a group standard, a notice of transfer, or a code of practice” for the words “regulations or a code of practice”.
Subsection (4) was amended, as from 22 December 2005, by section 35(5)(b) Hazardous Substances and New Organisms (Approvals and Enforce­ ment) Amendment Act 2005 (2005 No 123) by substituting the words “a group standard, notice of transfer, or code” for the words “a code”.
197 Part 10 s 142 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 142 Relationship to other Acts (1) Nothing in this Act shall affect the requirements of the (2) Biosecurity Act 1993 in relation to any organism.
Every person exercising a power or function under the Resource Management Act 1991 relating to the storage, use, disposal, or transportation of any hazardous substance shall comply with the provisions of this Act and with regulations and notices of transfer made under this Act.
(3) Nothing in subsection (2) of this section shall prevent any person lawfully imposing more stringent requirements on the storage, use, disposal, or transportation of any hazardous sub­ stance than may be required by or under this Act where such requirements are considered necessary by that person for the purposes of the Resource Management Act 1991.
(4) Nothing in this Act shall apply to any resource consent, be­ ing— (a) A land use consent relating to the storage, use, disposal, or transportation of any hazardous substance; or (b) A coastal permit to do something that would otherwise contravene section 15 of the Resource Management Act 1991; or A discharge permit,— (c) where that resource consent was granted before the coming into force of any regulations made under this Act (other than regulations made under Parts 11 to 16 of this Act) until such time as the conditions on the resource consent are reviewed in accordance with section 128 of the Resource Management Act 1991.
For the purposes of this section, resource consent has the same meaning as in the Resource Management Act 1991.
(5) (6) Any controls prescribed under any other Act for any hazardous substance shall not contravene the provisions of regulations made under sections 75 and 76 of this Act unless— (a) There is a provision in that other Act that expressly pro­ vides that controls made under that other Act for speci­ ﬁed purposes may contravene the provisions of regula­ tions made under this Act; and The controls are made for the purposes provided for in that Act.
(b) 198 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 10 s 142A Subsection (2) was amended, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7) by substituting the words “with regulations and notices of transfer made under this Act” for the words “any regulations made under this Act”.. Subsection (3) was amended, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7) by substituting the words “or under this Act” for the words “this Act or regulations made under this Act”.. 142A Exemptions from approval requirements [Expired] (2) (1) Without limiting sections 160 and 160A, the Authority may, from time to time, grant exemptions from any controls that would otherwise attach to a substance on its approval by the Authority under Part 5.
The Authority may grant an exemption under subsection (1) only if satisﬁed that— (a) the adverse effects of the substance are being adequately managed; and the relevant requirements under Parts 11 to 16 continue to apply.

(b) (3) An exemption under subsection (1) may— (4) (a) be granted to or in respect of 1 or more of the following: any person or persons: (i) any premises or class of premises: (ii) (iii) any substance or group of substances: be expressed to apply either particularly or generally.
(b) The Authority must notify an exemption granted under sub­ section (1) by— (a) specifying the effect, period, and conditions of the ex­ emption in a public notice; and if the exemption is granted to a person or in respect of any facility, notifying the person or the manager of the facility of the exemption.

(b) (5) (6) The Authority may determine the form of public notices and other notiﬁcations under subsection (4).
This section expires on the expiry of Parts 11 to 16 and Sched­ ule 7 in accordance with section 152, but exemptions granted 199 Part 10 s 143 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 under subsection (1) that have effect immediately before this section expires continue to have effect according to their tenor.
Section 142A was inserted, as from 24 March 2004, by section 10 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7).
143 Notiﬁcation of hazardous substances injuries (1) In this section,— hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practi­ tioner of the profession of medicine.
If any person, upon admission to a hospital, is found to be suffering from any injury caused by a hazardous substance, the person for the time being in charge of the hospital shall give notice of the injury to the Medical Ofﬁcer of Health.

If a medical practitioner ﬁnds that a person who is not admitted to a hospital is suffering from an injury caused by a hazardous substance, the medical practitioner must give notice of the in­ jury to the Medical Ofﬁcer of Health.
The Medical Ofﬁcer of Health shall ensure that information about any injury notiﬁed in accordance with subsection (2) or subsection (2A) of this section (not being information which identiﬁes any individual person) is supplied to the Minister of Health.

Subsection (1) was substituted, as from 1 October 2002, by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See section 11 of that Act for transitional provisions.
Subsection (1) was substituted, as from 22 December 2005, by section 36(1) Hazardous Substances and New Organisms (Approvals and Enforce­ ment) Amendment Act 2005 (2005 No 123).

Subsection (2A) was inserted, as from 22 December 2005, by section 36(2) Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123).
Subsection (3) was amended, as from 22 December 2005, by section 36(3) Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ (2) (2A) (3) 200 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 10 s 147 ment Act 2005 (2005 No 123) by inserting the words “or subsection (2A)” after the expression “subsection (2)”.
144 Reporting of incidents (1) Every person in charge of a substance involved in an incident resulting in serious harm to any person or serious environmen­ tal damage shall, unless an enforcement ofﬁcer attended the incident or subsection (2) of this section applies, report that incident to an enforcement ofﬁcer.

(2) No person shall be obliged to report an incident to an enforce­ ment ofﬁcer under this Act where the incident is required to be reported under any other Act.
145 Ombudsmen Act 1975 amended [Repealed] Sections 145 and 146 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

146 Authority to be Crown entity [Repealed] Sections 145 and 146 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
147 Additional matters to be included in statement of intent (1) The Authority shall include in its statement of intent under section 139 of the Crown Entities Act 2004: (d) (e) (f) (a) (b) (c) Information on decisions under section 62 of this Act: Any new borrowings or ﬁnancial leases, or similar li­ abilities that the Authority intends to incur during that year: A statement of the consideration given by the Authority when granting each approval of a hazardous substance of the reasons for and against imposing an environmen­ tal user charge as a control.
(2) 201 Part 10 s 148 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (3) Every statement of intent shall be accompanied by a written statement by the Authority estimating the effect that the mat­ ters set out in the statement of intent are likely to have on the management and use of hazardous substances and new organ­ isms in the period to which the statement of intent relates.
Subsection (1) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the words “include in its state­ ment of intent under section 139 of the Crown Entities Act 2004” for the words “, in addition to the matters speciﬁed in section 41D of the Public Finance Act 1989, include the following matters in the statement of intent prepared under that section”.
Subsection (1)(a) to (c) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subsection (2) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Subsection (3) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the words “in the period to which the statement of intent relates” for the words “in the year to which the statement of intent relates and following years”.
148 Additional reporting requirements The annual report under section 150 of the Crown Entities Act 2004 must include the following additional matters: (a) (c) (b) An assessment of the extent to which this Act has con­ tributed to the health and safety of people and the en­ vironment, including an assessment of any reduction in the likelihood that hazardous substances or new organ­ isms will adversely affect people or the environment: Information showing the number and type of incidents caused by inadequate management of hazardous sub­ stances or new organisms: Information on decisions under section 62 of this Act: Any other matters the Authority considers to be sig­ niﬁcant in the management and use of hazardous sub­ stances and new organisms, including the investigation and use of environmental user charges.
(d) (e) Section 148 was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the words “under section 150 of the Crown Entities Act 2004 must” for the words “delivered by the Authority in accordance with section 41L of the Public Finance Act 1989, shall”.

Paragraph (a) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
202 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 11 s 152 149 Amendments to other Acts The enactments speciﬁed in Schedule 4 to this Act are hereby amended in the manner indicated in that Schedule.

150 Repeals and revocations (1) The enactments speciﬁed in Schedule 5 to this Act are hereby repealed.

The regulations and orders speciﬁed in Schedule 6 to this Act are hereby revoked.
(2) Part 11 Transitional provisions—general [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

151 Interpretation [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

152 Expiry of transitional provisions [Expired] Subsection (1) was substituted, and subsection (1A) was inserted, as from 31 December 2000, by section 36(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
This substitution was brought into general effect as from 2 July 2001.

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Subsections (3A) and (3B) was inserted, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

Subsection (4) was substituted, as from 31 December 2000, by section 36(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).

This sub­ stitution was brought into general effect as from 2 July 2001.

See clause 203 Part 11 s 152A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

152A Expiry of transitional provisions in relation to persistent organic pollutants [Expired] Section 152A was inserted, as from 23 December 2004, by section 17 Haz­ ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
153 Exemption in case of licence application [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
154 Exemptions from regulations and provisions of Parts 11 to 16 [Expired] The heading to section 154 was amended, as from 24 March 2004, by section 11(1) Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7) by inserting the words “and pro­ visions of Parts 11 to 16”.
Subsection (1) was amended, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7) by inserting the words “or section 160A” after the expression “section 160”.

Subsections (4) to (8) were inserted, as from 24 March 2004, by section 11(2) Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).
Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
204 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 11 s 159 155 Applications made under transitional provisions [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
156 Offences against Parts 11 to 16 [Expired] Subsection (1)(b) was substituted, as from 7 May 1999, by section 13 Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
157 Defences [Expired] Subsection (2)(a)(iv) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the words “section 7 of the Crown Entities Act 2004” for the words “section 2(1) of the Public Finance Act 1989”.

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

158 Suspension and cancellation of licences [Expired] Subsection (3) was amended, as from 7 May 1999, by section 15(h) Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by omit­ ting the expression “section 126 of”.

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

159 Continuation of Pesticides Board and Toxic Substances Board [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
205 Part 11 s 160 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 160 Regulations relating to transitional provisions [Expired] Subsection (1)(a)(iii) was amended, as from 2 July 2001, by section 37(1) Haz­ ardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by omitting the words “under section 77 of this Act”.
Subsection (1)(a) was repealed, as from 24 March 2004, by section 13 Haz­ ardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

Subsection (2) was substituted, as from 2 July 2001, by section 37(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Subsection (2) was repealed, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7).
Subsection (3) was inserted, as from 2 July 2001, by section 37(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Subsection (3) was repealed, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7).

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

160A Notices of transfer relating to transitional matters [Expired] Sections 160A and 160B were inserted, as from 24 March 2004, by section 12 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

160B Controls may be imposed for purposes of notice of transfer [Expired] Sections 160A and 160B were inserted, as from 24 March 2004, by section 12 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).
Subsection (2) was amended, as from 22 December 2005, by section 37 Haz­ ardous Substances and New Organisms (Approvals and Enforcement) Amend­ ment Act 2005 (2005 No 123) by substituting the words “sections 77, 77A, and 77B” for the words “sections 77 and 77A”.

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous 206 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 12 s 164 Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

161 Regulations saved [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
162 Reassessment of substances and organisms [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

Part 12 Transitional provisions—pesticides [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

163 Interpretation [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
164 Application of this Part [Expired] Subsection (3) was amended, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7) by substituting the words “section 160(1)(c) or sec­ tion 160A” for the words “section 160(1)(a) or (c) of this Act”.

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

207 Part 12 s 164A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 164A Protection of information [Expired] Section 164A was inserted, as from 2 July 2001, by section 38 Hazardous Sub­ stances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

165 Sale, importation, and use of pesticides [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

166 Labelling [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
167 Advertisements [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

168 Review and revocation of registration [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

169 Transfer of proprietors’ rights [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous 208 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 12 s 175 Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
170 Sale of pesticides in bulk [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

171 Warranties [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

172 Pesticide register [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
173 Regulations relating to all pesticides [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

174 Regulations relating to controlled pesticides [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

175 Interpretation [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous 209 Part 12 s 176 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
176 Restrictions on use of controlled pesticides [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

177 Qualiﬁcations for approved operator licence [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

178 Dealing with applications [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
179 Effect of licences [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
180 Duration of licences [Expired] Subsection (1)(b) was amended, as from 24 March 2004, by section 13 Haz­ ardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7) by substituting the words “section 160(1)(c) or section 160A” for the words “section 160(1)(a) or (c) of this Act”.

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

210 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 13 s 183 181 Variation of terms and conditions of licences [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

182 Register of approved operators [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
183 Part 13 Transitional provisions—toxic substances [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

Interpretation [Expired] Medical practitioner: this deﬁnition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).
See sections 178 to 227 of that Act as to the transitional provi­ sions.

this deﬁnition was substituted, as from 18 September 2004, by Pharmacist: section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.

pharmacy and pharmacy practice: this deﬁnition was inserted, as from 18 Sep­ tember 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).
See sections 178 to 227 of that Act as to the transitional provisions.

veterinarian: this deﬁnition was inserted, as from 22 December 2005, by section 105 Veterinarians Act 2005 (2005 No 126).

Veterinary surgeon: this deﬁnition was repealed, as from 22 December 2005, by section 105 Veterinarians Act 2005 (2005 No 126).
Subsection (2)(c) was amended, as from 24 March 2004, by section 13 Haz­ ardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7) by inserting the words “or section 160A or section 160B” after the expression “section 160”.

211 Part 13 s 184 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

184 Application of this Part [Expired] Subsection (3A) was inserted, as from 2 July 2001, by section 39 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Subsection (3A) was amended, as from 24 March 2004, by section 13 Haz­ ardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7) by substituting the expression “160A” for the expression “160(l)(a)”.
Subsection (4) was amended, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7) by substituting the words “section 160(1)(c) or sec­ tion 160A” for the words “section 160(l)(a) or (c) of this Act”.

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

184A Protection of information [Expired] Section 184A was inserted, as from 2 July 2001, by section 40 Hazardous Sub­ stances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
185 Restrictions on sales of deadly poisons and dangerous poisons [Expired] Paragraph (d) was amended, as from 22 December 2005, by section 105 Vet­ erinarians Act 2005 (2005 No 126) by substituting the word “veterinarian” for the words “veterinary surgeon” in both places they appear.

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

212 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 13 s 191 186 Sale and packing of poisons [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
187 Further restrictions on sale of poisons [Expired] Subsection (4)(b) was amended, as from 22 December 2005, by section 105 Vet­ erinarians Act 2005 (2005 No 126) by substituting the word “veterinarian” for the words “veterinary surgeon”.

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
188 Containers [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

189 Custody of poisons and harmful substances [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

190 Storage of poisons and harmful substances [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
191 Packing of poisons and harmful substances [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous 213 Part 13 s 192 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
192 Restriction on possession and use of deadly poisons and dangerous poisons [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
193 Control of advertisements [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

194 Disposal of surplus poisons to other user or licensee [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

195 Exemptions for pharmacists [Expired] Subsection (2) was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

196 Exemptions for veterinarians [Expired] The heading to section 196 was amended, as from 22 December 2005, by sec­ tion 105 Veterinarians Act 2005 (2005 No 126) by substituting the word “vet­ erinarians” for the words “veterinary surgeons”.
Section 196 was amended, as from 22 December 2005, by section 105 Veterin­ arians Act 2005 (2005 No 126) by substituting the word “veterinarian” for the words “veterinary surgeon”.

214 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 13 s 201 Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

197 Exemptions for certain other persons [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
198 Exemptions for agents and employees [Expired] Subsection (4) was amended, as from 7 May 1999, by section 15(i) Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by substi­ tuting the expression “195 to 197” for the expression “197 or 199”.

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

199 Applications for licences [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
200 Dealing with applications [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

201 Effect of licences [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

215 Part 13 s 202 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 202 Duration of licences [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
203 Records of sales [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

204 Register [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

205 Interpretation [Expired] Section 205 was substituted, as from 1 July 2003, by section 262 Local Gov­ ernment Act 2002 (2002 No 84).

See sections 273 to 314 of that Act as to the savings and transitional provisions.

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

206 Packing of imported toxic substances [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
207 Notice to be given of imported toxic substances [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous 216 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 14 s 211 Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
208 Application of toxic substances regulations [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

Part 14 Transitional provisions—dangerous goods [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

209 Interpretation [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
210 Application of this Part [Expired] Subsection (2) was amended, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7) by substituting the words “section 160(1)(c) or sec­ tion 160A” for the words “section 160(1)(a) or (c) of this Act”.

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

211 Restrictions on storage and use of dangerous goods [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
217 Part 14 s 212 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 212 Restrictions on containers [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
213 Containers of dangerous goods to be specially marked [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

214 Pumps for reselling dangerous goods [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

215 Restrictions on use of gases in balloons [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
216 Phosphorus matches [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

217 Licensing of premises for storage of dangerous goods [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

218 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 14 s 221 218 Provisional licences [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
219 General provisions as to licences [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
220 Renewal of licences [Expired] Subsection (6) was amended, as from 7 May 1999, by section 15(j) Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by substi­ tuting the expression “156(1)(d)” for the expression “156(d)”.

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
221 Continuing application of dangerous goods regulations [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

Part 15 Transitional provisions—explosives [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

219 Part 15 s 222 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 222 Interpretation [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
223 Classiﬁcation of explosives [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
224 Application of this Part [Expired] Subsection (2) was amended, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend­ ment Act 2004 (2004 No 7) by substituting the words “section 160(1)(c) or sec­ tion 160A” for the words “section 160(1)(a) or (c) of this Act”.

Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

225 Importation of explosives [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
226 Permit for importation of ﬁreworks [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

227 Licence to manufacture explosives [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous 220 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 15 s 233 Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

228 Factory not to be altered without consent of Authority [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

229 Fireworks not to be sold to persons under 14 years of age [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
230 Application of following sections [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

231 Explosives not to be sold without licence [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

232 Restriction on sale of ﬁreworks [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
233 Sale of explosives [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous 221 Part 15 s 234 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
234 Storage of explosives [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

235 Certain explosives not to be carried without consent of Authority [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

236 Licence required to carry certain explosives [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
237 Carriage of explosives in vehicles or vessels carrying passengers [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

238 Firework displays [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

222 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 15 s 244 239 Private storage [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
240 Conditions of licence [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

241 Public magazines [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

242 Private magazines [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
243 Private magazine not to be altered without consent [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

244 Danger buildings [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

223 Part 15 s 245 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 245 Notices on danger buildings [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
246 Repairs or alterations to danger buildings [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

247 Protective clothing, etc [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

248 Employment of young persons in danger buildings [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
249 Packing and marking of explosives [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

250 Handling of explosives [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

224 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Part 16 s 254 251 Abandonment or disposal of explosives [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.
See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

252 Damaged, defective, or unsafe explosives [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
253 Continuation of regulations [Expired] Parts 11 to 15 (comprising sections 151 to 253) expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).

Part 16 Transitional provisions—new organisms [Expired] Part 16 (comprising sections 254­259) expired, as from 29 July 2001, pursuant to section 152(1) of this Act.
Section 152(1) states that Parts 11 to 16 (com­ prising sections 151 to 259) and Schedule 7 expire on the later of the following dates: (a) the date that is 3 years after the commencement of those Parts; or (b) the date speciﬁed in the most recent Order in Council (if any) made under section 152(1A).
Animals [Expired] 254 Animals [Expired] Subsection (8)(a) was amended, as from 7 May 1999, by section 15(k) Haz­ ardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by substituting the expression “13” for the expression “31(1)”.

Part 16 (comprising sections 254­259) expired, as from 29 July 2001, pursuant to section 152(1) of this Act.
Section 152(1) states that Parts 11 to 16 (com­ prising sections 151 to 259) and Schedule 7 expire on the later of the following dates: (a) the date that is 3 years after the commencement of those Parts; or 225 Part 16 s 255 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (b) the date speciﬁed in the most recent Order in Council (if any) made under section 152(1A).
255 Zoological gardens [Expired] Part 16 (comprising sections 254­259) expired, as from 29 July 2001, pursuant to section 152(1) of this Act.

Section 152(1) states that Parts 11 to 16 (com­ prising sections 151 to 259) and Schedule 7 expire on the later of the following dates: (a) the date that is 3 years after the commencement of those Parts; or (b) the date speciﬁed in the most recent Order in Council (if any) made under section 152(1A).
256 Hamsters [Expired] Part 16 (comprising sections 254­259) expired, as from 29 July 2001, pursuant to section 152(1) of this Act.

Section 152(1) states that Parts 11 to 16 (com­ prising sections 151 to 259) and Schedule 7 expire on the later of the following dates: (a) the date that is 3 years after the commencement of those Parts; or (b) the date speciﬁed in the most recent Order in Council (if any) made under section 152(1A).
257 Approvals for genetically modiﬁed organisms [Expired] Subsection (1) was amended, as from 7 May 1999, by section 14 Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by insert­ ing the words “and that organism is then a new organism”.

Part 16 (comprising sections 254­259) expired, as from 29 July 2001, pursuant to section 152(1) of this Act.
Section 152(1) states that Parts 11 to 16 (com­ prising sections 151 to 259) and Schedule 7 expire on the later of the following dates: (a) the date that is 3 years after the commencement of those Parts; or (b) the date speciﬁed in the most recent Order in Council (if any) made under section 152(1A).

Plants [Expired] Import permits [Expired] Part 16 (comprising sections 254­259) expired, as from 29 July 2001, pursuant to section 152(1) of this Act.
Section 152(1) states that Parts 11 to 16 (com­ prising sections 151 to 259) and Schedule 7 expire on the later of the following dates: (a) the date that is 3 years after the commencement of those Parts; or (b) the date speciﬁed in the most recent Order in Council (if any) made under section 152(1A).
258 226 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble 259 Micro­organisms lawfully in use [Expired] Part 16 (comprising sections 254­259) expired, as from 29 July 2001, pursuant to section 152(1) of this Act.
Section 152(1) states that Parts 11 to 16 (com­ prising sections 151 to 259) and Schedule 7 expire on the later of the following dates: (a) the date that is 3 years after the commencement of those Parts; or (b) the date speciﬁed in the most recent Order in Council (if any) made under section 152(1A).
Schedule 1AA Stockholm Convention on Persistent Organic Pollutants s 2(1) Preamble The Parties to this Convention, Recognizing that persistent organic pollutants possess toxic properties, resist degradation, bioaccumulate and are trans­ ported, through air, water and migratory species, across inter­ national boundaries and deposited far from their place of re­ lease, where they accumulate in terrestrial and aquatic ecosys­ tems, Aware of the health concerns, especially in developing coun­ tries, resulting from local exposure to persistent organic pol­ lutants, in particular impacts upon women and, through them, upon future generations, Acknowledging that the Arctic ecosystems and indigenous communities are particularly at risk because of the biomagni­ ﬁcation of persistent organic pollutants and that contamination of their traditional foods is a public health issue, Conscious of the need for global action on persistent organic pollutants, Mindful of decision 19/13 C of 7 February 1997 of the Govern­ ing Council of the United Nations Environment Programme to initiate international action to protect human health and the en­ vironment through measures which will reduce and/or elimi­ nate emissions and discharges of persistent organic pollutants, Recalling the pertinent provisions of the relevant international environmental conventions, especially the Rotterdam Conven­ 227 Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 tion on the Prior Informed Consent Procedure for Certain Haz­ ardous Chemicals and Pesticides in International Trade, and the Basel Convention on the Control of Transboundary Move­ ments of Hazardous Wastes and their Disposal including the regional agreements developed within the framework of its Article 11, Recalling also the pertinent provisions of the Rio Declaration on Environment and Development and Agenda 21, Acknowledging that precaution underlies the concerns of all the Parties and is embedded within this Convention, this Convention and other
 international Recognizing that agreements in the ﬁeld of trade and the environment are mutually supportive, Reafﬁrming that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction, Taking into account the circumstances and particular require­ ments of developing countries, in particular the least devel­ oped among them, and countries with economies in transition, especially the need to strengthen their national capabilities for the management of chemicals, including through the transfer of technology, the provision of ﬁnancial and technical assist­ ance and the promotion of cooperation among the Parties, Taking full account of the Programme of Action for the Sustainable Development of Small Island Developing States, adopted in Barbados on 6 May 1994, Noting the respective capabilities of developed and develop­ ing countries, as well as the common but differentiated respon­ sibilities of States as set forth in Principle 7 of the Rio Declar­ ation on Environment and Development, Recognizing the important contribution that the private sector and non­governmental organizations can make to achieving the reduction and/or elimination of emissions and discharges of persistent organic pollutants, 228 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble Underlining the importance of manufacturers of persistent or­ ganic pollutants taking responsibility for reducing adverse ef­ fects caused by their products and for providing information to users, Governments and the public on the hazardous prop­ erties of those chemicals, Conscious of the need to take measures to prevent adverse
 effects caused by persistent organic pollutants at all stages of their life cycle, Reafﬁrming Principle 16 of the Rio Declaration on Environ­ ment and Development which states that national authorities should endeavour to promote the internalization of environ­ mental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment, Encouraging Parties not having regulatory and assessment schemes for pesticides and industrial chemicals to develop such schemes, Recognizing the importance of developing and using environ­ mentally sound alternative processes and chemicals, Determined to protect human health and the environment from the harmful impacts of persistent organic pollutants, Have agreed as follows: Article 1 Objective Mindful of the precautionary approach as set forth in Principle 15 of the Rio Declaration on Environment and Development, the objective of this Convention is to protect human health and the environment from persistent organic pollutants.
Article 2 Deﬁnitions For the purposes of this Convention: (a) Party means a State or regional economic integration organ­ ization that has consented to be bound by this Convention and for which the Convention is in force; (b) Regional economic integration organization means an or­ ganization constituted by sovereign States of a given region to 229 Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 which its member States have transferred competence in re­ spect of matters governed by this Convention and which has been duly authorized, in accordance with its internal proced­ ures, to sign, ratify, accept, approve or accede to this Conven­ tion; Parties present and voting means Parties present and casting an afﬁrmative or negative vote.
(c) Article 3 Measures to reduce or eliminate releases from intentional production and use Each Party shall: (a) Prohibit and/or take the legal and administrative meas­ ures necessary to eliminate: (i) Its production and use of the chemicals listed in Annex A subject to the provisions of that Annex; and Its import and export of the chemicals listed in Annex A in accordance with the provisions of paragraph 2; and (ii) (b) Restrict its production and use of the chemicals listed in Annex B in accordance with the provisions of that Annex.
Each Party shall take measures to ensure: (a) That a chemical listed in Annex A or Annex B is im­ ported only: (i) For the purpose of environmentally sound dis­ posal as set forth in paragraph 1(d) of Article 6; or For a use or purpose which is permitted for that Party under Annex A or Annex B; (ii) (b) That a chemical listed in Annex A for which any pro­ duction or use speciﬁc exemption is in effect or a chem­ ical listed in Annex B for which any production or use speciﬁc exemption or acceptable purpose is in effect, taking into account any relevant provisions in existing international prior informed consent instruments, is ex­ ported only: (i) For the purpose of environmentally sound dis­ posal as set forth in paragraph 1(d) of Article 6; 1 2 230 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble (ii) To a Party which is permitted to use that chemical under Annex A or Annex B; or (iii) To a State not Party to this Convention which has provided an annual certiﬁcation to the export­ ing Party.
Such certiﬁcation shall specify the in­ tended use of the chemical and include a state­ ment that, with respect to that chemical, the im­ porting State is committed to: a.
Protect human health and the environment by taking the necessary measures to mini­ mize or prevent releases; Comply with the provisions of paragraph 1 of Article 6; and Comply, where appropriate, with the pro­ visions of paragraph 2 of Part II of Annex B. b. c. The certiﬁcation shall also include any appro­ priate supporting documentation, such as legis­ lation, regulatory instruments, or administrative or policy guidelines.
The exporting Party shall transmit the certiﬁcation to the Secretariat within sixty days of receipt.
(c) (d) That a chemical listed in Annex A, for which produc­ tion and use speciﬁc exemptions are no longer in effect for any Party, is not exported from it except for the pur­ pose of environmentally sound disposal as set forth in paragraph 1(d) of Article 6; For the purposes of this paragraph, the term State not Party to this Convention shall include, with respect to a particular chemical, a State or regional economic integration organization that has not agreed to be bound by the Convention with respect to that chemical.
Each Party that has one or more regulatory and assessment schemes for new pesticides or new industrial chemicals shall take measures to regulate with the aim of preventing the pro­ duction and use of new pesticides or new industrial chemicals which, taking into consideration the criteria in paragraph 1 of Annex D, exhibit the characteristics of persistent organic pol­ lutants.

231 3.

Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 4.

5.

6.
5.

6.

Each Party that has one or more regulatory and assessment schemes for pesticides or industrial chemicals shall, where ap­ propriate, take into consideration within these schemes the cri­ teria in paragraph 1 of Annex D when conducting assessments of pesticides or industrial chemicals currently in use.

Except as otherwise provided in this Convention, paragraphs 1 and 2 shall not apply to quantities of a chemical to be used for laboratory­scale research or as a reference standard.
Any Party that has a speciﬁc exemption in accordance with Annex A or a speciﬁc exemption or an acceptable purpose in accordance with Annex B shall take appropriate measures to ensure that any production or use under such exemption or purpose is carried out in a manner that prevents or minimizes human exposure and release into the environment.
For ex­ empted uses or acceptable purposes that involve intentional release into the environment under conditions of normal use, such release shall be to the minimum extent necessary, taking into account any applicable standards and guidelines.

Article 4 Register of speciﬁc exemptions 1.

A Register is hereby established for the purpose of identifying the Parties that have speciﬁc exemptions listed in Annex A or Annex B.
It shall not identify Parties that make use of the provisions in Annex A or Annex B that may be exercised by all Parties.

The Register shall be maintained by the Secretariat and shall be available to the public.

The Register shall include: (a) A list of the types of speciﬁc exemptions reproduced from Annex A and Annex B; (b) A list of the Parties that have a speciﬁc exemption listed (c) under Annex A or Annex B; and A list of the expiry dates for each registered speciﬁc exemption.
Any State may, on becoming a Party, by means of a notiﬁcation in writing to the Secretariat, register for one or more types of speciﬁc exemptions listed in Annex A or Annex B.

Unless an earlier date is indicated in the Register by a Party, or an extension is granted pursuant to paragraph 7, all regis­ 2.

3.

4.

232 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble 5.

6.

7.
6.

7.

8. trations of speciﬁc exemptions shall expire ﬁve years after the date of entry into force of this Convention with respect to a particular chemical.

At its ﬁrst meeting, the Conference of the Parties shall decide upon its review process for the entries in the Register.

Prior to a review of an entry in the Register, the Party con­ cerned shall submit a report to the Secretariat justifying its continuing need for registration of that exemption.
The re­ port shall be circulated by the Secretariat to all Parties.

The review of a registration shall be carried out on the basis of all available information.

Thereupon, the Conference of the Par­ ties may make such recommendations to the Party concerned as it deems appropriate.

The Conference of the Parties may, upon request from the Party concerned, decide to extend the expiry date of a spe­ ciﬁc exemption for a period of up to ﬁve years.
In making its decision, the Conference of the Parties shall take due account of the special circumstances of the developing country Parties and Parties with economies in transition.

A Party may, at any time, withdraw an entry from the Register for a speciﬁc exemption upon written notiﬁcation to the Sec­ retariat.

The withdrawal shall take effect on the date speciﬁed in the notiﬁcation.

9.
9.

When there are no longer any Parties registered for a particular type of speciﬁc exemption, no new registrations may be made with respect to it.
Article 5 Measures to reduce or eliminate releases from unintentional production Each Party shall at a minimum take the following measures to reduce the total releases derived from anthropogenic sources of each of the chemicals listed in Annex C, with the goal of their continuing minimization and, where feasible, ultimate elimination: (a) Develop an action plan or, where appropriate, a regional or subregional action plan within two years of the date of entry into force of this Convention for it, and subse­ quently implement it as part of its implementation plan 233 Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 speciﬁed in Article 7, designed to identify, characterize and address the release of the chemicals listed in Annex C and to facilitate implementation of subparagraphs (b) to (e).
The action plan shall include the following elem­ ents: (i) An evaluation of current and projected releases, including the development and maintenance of source inventories and release estimates, taking into consideration the source categories identi­ ﬁed in Annex C; (ii) An evaluation of the efﬁcacy of the laws and poli­ cies of the Party relating to the management of such releases; (iv) (iii) Strategies to meet the obligations of this para­ graph, taking into account the evaluations in (i) and (ii); Steps to promote education and training with re­ gard to, and awareness of, those strategies; (v) A review every ﬁve years of those strategies and of their success in meeting the obligations of this paragraph; such reviews shall be included in re­ ports submitted pursuant to Article 15; (vi) A schedule for implementation of the action plan, including for the strategies and measures identi­ ﬁed therein; Promote the application of available, feasible and prac­ tical measures that can expeditiously achieve a realis­ tic and meaningful level of release reduction or source elimination; Promote the development and, where it deems appropri­ ate, require the use of substitute or modiﬁed materials, products and processes to prevent the formation and re­ lease of the chemicals listed in Annex C, taking into consideration the general guidance on prevention and release reduction measures in Annex C and guidelines to be adopted by decision of the Conference of the Par­ ties; Promote and, in accordance with the implementation
 schedule of its action plan, require the use of best avail­ (b) (c) (d) 234 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble able techniques for new sources within source categor­ ies which a Party has identiﬁed as warranting such ac­ tion in its action plan, with a particular initial focus on source categories identiﬁed in Part II of Annex C. In any case, the requirement to use best available tech­ niques for new sources in the categories listed in Part II of that Annex shall be phased in as soon as practicable but no later than four years after the entry into force of the Convention for that Party.
For the identiﬁed categor­ ies, Parties shall promote the use of best environmental practices.
When applying best available techniques and best environmental practices, Parties should take into consideration the general guidance on prevention and release reduction measures in that Annex and guide­ lines on best available techniques and best environmen­ tal practices to be adopted by decision of the Conference of the Parties; Promote, in accordance with its action plan, the use of best available techniques and best environmental prac­ tices: (i) For existing sources, within the source categories listed in Part II of Annex C and within source categories such as those in Part III of that Annex; and For new sources, within source categories such as those listed in Part III of Annex C which a Party has not addressed under subparagraph (d).
When applying best available techniques and best en­ vironmental practices, Parties should take into consid­ eration the general guidance on prevention and release reduction measures in Annex C and guidelines on best available techniques and best environmental practices to be adopted by decision of the Conference of the Par­ ties; For the purposes of this paragraph and Annex C: (i) Best available techniques means the most ef­ fective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular (ii) 235 (e) (f) Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (ii) techniques for providing in principle the basis for release limitations designed to prevent and, where that is not practicable, generally to reduce releases of chemicals listed in Part I of Annex C and their impact on the environment as a whole.
In this regard: Techniques includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned; (iii) Available techniques means those techniques that are accessible to the operator and that are developed on a scale that allows implementation in the relevant industrial sector, under econom­ ically and technically viable conditions, taking into consideration the costs and advantages; and (iv) Best means most effective in achieving a high general level of protection of the environment as a whole; Best environmental practices means the appli­ cation of the most appropriate combination of en­ vironmental control measures and strategies; (v) (vi) New source means any source of which the construction or substantial modiﬁcation is com­ menced at least one year after the date of: a.
Entry into force of this Convention for the Party concerned; or Entry into force for the Party concerned of an amendment to Annex C where the source becomes subject to the provisions of this Convention only by virtue of that amendment.

b.

(g) Release limit values or performance standards may be used by a Party to fulﬁll its commitments for best avail­ able techniques under this paragraph.
Article 6 Measures to reduce or eliminate releases from stockpiles and wastes In order to ensure that stockpiles consisting of or containing chemicals listed either in Annex A or Annex B and wastes, 1.
236 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble including products and articles upon becoming wastes, con­ sisting of, containing or contaminated with a chemical listed in Annex A, B or C, are managed in a manner protective of human health and the environment, each Party shall: Develop appropriate strategies for identifying: (a) (i) Stockpiles consisting of or containing chemicals listed either in Annex A or Annex B; and Products and articles in use and wastes consisting of, containing or contaminated with a chemical listed in Annex A, B or C; (ii) (b) Identify, to the extent practicable, stockpiles consisting of or containing chemicals listed either in Annex A or Annex B on the basis of the strategies referred to in subparagraph (a); (c) Manage stockpiles, as appropriate, in a safe, efﬁcient Stockpiles of and environmentally sound manner.
chemicals listed either in Annex A or Annex B, after they are no longer allowed to be used according to any speciﬁc exemption speciﬁed in Annex A or any speciﬁc exemption or acceptable purpose speciﬁed in Annex B, except stockpiles which are allowed to be exported according to paragraph 2 of Article 3, shall be deemed to be waste and shall be managed in accordance with subparagraph (d); Take appropriate measures so that such wastes, includ­ ing products and articles upon becoming wastes, are: (i) Handled, collected, transported and stored in an environmentally sound manner; (d) (ii) Disposed of in such a way that the persistent organic pollutant content is destroyed or irre­ versibly transformed so that they do not exhibit the characteristics of persistent organic pollutants or otherwise disposed of in an environmentally sound manner when destruction or irreversible transformation does not represent the environ­ mentally preferable option or the persistent or­ ganic pollutant content is low, taking into account international rules, standards, and guidelines, in­ cluding those that may be developed pursuant 237 Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 to paragraph 2, and relevant global and regional regimes governing the management of hazardous wastes; (iii) Not permitted to be subjected to disposal oper­ ations that may lead to recovery, recycling, recla­ mation, direct reuse or alternative uses of persist­ ent organic pollutants; and (iv) Not transported across international boundaries without taking into account relevant international rules, standards and guidelines; Endeavour to develop appropriate strategies for identi­ fying sites contaminated by chemicals listed in Annex A, B or C; if remediation of those sites is undertaken it shall be performed in an environmentally sound man­ ner.
(e) The Conference of the Parties shall cooperate closely with the appropriate bodies of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal to, inter alia: (a) Establish levels of destruction and irreversible transfor­ mation necessary to ensure that the characteristics of persistent organic pollutants as speciﬁed in paragraph 1 of Annex D are not exhibited; (b) Determine what they consider to be the methods that constitute environmentally sound disposal referred to above; and (c) Work to establish, as appropriate, the concentration levels of the chemicals listed in Annexes A, B and C in order to deﬁne the low persistent organic pollutant content referred to in paragraph 1(d)(ii) .
2.

Article 7 Implementation plans 1.

Each Party shall: (a) Develop and endeavour to implement a plan for the im­ plementation of its obligations under this Convention; Transmit its implementation plan to the Conference of the Parties within two years of the date on which this Convention enters into force for it; and (b) 238 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble 2.

3.
3.

(c) Review and update, as appropriate, its implementation plan on a periodic basis and in a manner to be speciﬁed by a decision of the Conference of the Parties.

The Parties shall, where appropriate, cooperate directly or through global, regional and subregional organizations, and consult their national stakeholders, including women’s groups and groups involved in the health of children, in order to facilitate the development, implementation and updating of their implementation plans.
The Parties shall endeavour to utilize and, where necessary, establish the means to integrate national implementation plans for persistent organic pollutants in their sustainable develop­ ment strategies where appropriate.

Article 8 Listing of chemicals in Annexes A, B and C 1.
A Party may submit a proposal to the Secretariat for listing a chemical in Annexes A, B and/or C. The proposal shall con­ tain the information speciﬁed in Annex D. In developing a pro­ posal, a Party may be assisted by other Parties and/or by the Secretariat.
The Secretariat shall verify whether the proposal contains the information speciﬁed in Annex D. If the Secretariat is satis­ ﬁed that the proposal contains the information so speciﬁed, it shall forward the proposal to the Persistent Organic Pollutants Review Committee.

The Committee shall examine the proposal and apply the screening criteria speciﬁed in Annex D in a ﬂexible and transparent way, taking all information provided into account in an integrative and balanced manner.
If the Committee decides that: (a) It is satisﬁed that the screening criteria have been ful­ ﬁlled, it shall, through the Secretariat, make the pro­ posal and the evaluation of the Committee available to all Parties and observers and invite them to submit the information speciﬁed in Annex E; or It is not satisﬁed that the screening criteria have been fulﬁlled, it shall, through the Secretariat, inform all Par­ ties and observers and make the proposal and the evalu­ (b) 2.

3.

4.
3.

4.

239 Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 5. ation of the Committee available to all Parties and the proposal shall be set aside.

Any Party may resubmit a proposal to the Committee that has been set aside by the Committee pursuant to paragraph 4.

The resubmission may include any concerns of the Party as well as a justiﬁcation for additional consideration by the Commit­ tee.
If, following this procedure, the Committee again sets the proposal aside, the Party may challenge the decision of the Committee and the Conference of the Parties shall consider the matter at its next session.

The Conference of the Parties may decide, based on the screening criteria in Annex D and taking into account the evaluation of the Committee and any additional information provided by any Party or observer, that the proposal should proceed.

6.
Where the Committee has decided that the screening criteria have been fulﬁlled, or the Conference of the Parties has de­ cided that the proposal should proceed, the Committee shall further review the proposal, taking into account any relevant additional information received, and shall prepare a draft risk proﬁle in accordance with Annex E. It shall, through the Sec­ retariat, make that draft available to all Parties and observers, collect technical comments from them and, taking those com­ ments into account, complete the risk proﬁle.
If, on the basis of the risk proﬁle conducted in accordance with Annex E, the Committee decides: (a) 7.

That the chemical is likely as a result of its long­range environmental transport to lead to signiﬁcant adverse human health and/or environmental effects such that global action is warranted, the proposal shall proceed.

Lack of full scientiﬁc certainty shall not prevent the pro­ posal from proceeding.
The Committee shall, through the Secretariat, invite information from all Parties and observers relating to the considerations speciﬁed in An­ nex F. It shall then prepare a risk management evalu­ ation that includes an analysis of possible control meas­ ures for the chemical in accordance with that Annex; or That the proposal should not proceed, it shall, through the Secretariat, make the risk proﬁle available to all Par­ ties and observers and set the proposal aside.
(b) 240 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble 8.

9.

For any proposal set aside pursuant to paragraph 7 (b), a Party may request the Conference of the Parties to consider instruct­ ing the Committee to invite additional information from the proposing Party and other Parties during a period not to ex­ ceed one year.
After that period and on the basis of any infor­ mation received, the Committee shall reconsider the proposal pursuant to paragraph 6 with a priority to be decided by the Conference of the Parties.

If, following this procedure, the Committee again sets the proposal aside, the Party may chal­ lenge the decision of the Committee and the Conference of the Parties shall consider the matter at its next session.
The Con­ ference of the Parties may decide, based on the risk proﬁle pre­ pared in accordance with Annex E and taking into account the evaluation of the Committee and any additional information provided by any Party or observer, that the proposal should proceed.

If the Conference of the Parties decides that the pro­ posal shall proceed, the Committee shall then prepare the risk management evaluation.
The Committee shall, based on the risk proﬁle referred to in paragraph 6 and the risk management evaluation referred to in paragraph 7(a) or paragraph 8, recommend whether the chem­ ical should be considered by the Conference of the Parties for listing in Annexes A, B and/or C. The Conference of the Par­ ties, taking due account of the recommendations of the Com­ mittee, including any scientiﬁc uncertainty, shall decide, in a precautionary manner, whether to list the chemical, and spe­ cify its related control measures, in Annexes A, B and/or C. Article 9 Information exchange 1.
Each Party shall facilitate or undertake the exchange of infor­ mation relevant to: (a) The reduction or elimination of the production, use and release of persistent organic pollutants; and (b) Alternatives to persistent organic pollutants, including information relating to their risks as well as to their eco­ nomic and social costs.

2.

The Parties shall exchange the information referred to in para­ graph 1 directly or through the Secretariat.
241 Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 3.

4.

5.

Each Party shall designate a national focal point for the ex­ change of such information.

The Secretariat shall serve as a clearing­house mechanism for information on persistent organic pollutants, including infor­ mation provided by Parties, intergovernmental organizations and nongovernmental organizations.
For the purposes of this Convention, information on health and safety of humans and the environment shall not be regarded as conﬁdential.

Parties that exchange other information pursuant to this Convention shall protect any conﬁdential information as mutually agreed.

Article 10 Public information, awareness and education 1.
(c) (b) Each Party shall, within its capabilities, promote and facilitate: Awareness among its policy and decision makers with (a) regard to persistent organic pollutants; Provision to the public of all available information on persistent organic pollutants, taking into account para­ graph 5 of Article 9; Development and implementation, especially for women, children and the least educated, of educational and public awareness programmes on persistent organic pollutants, as well as on their health and environmental effects and on their alternatives; Public participation in addressing persistent organic pollutants and their health and environmental effects and in developing adequate responses, including op­ portunities for providing input at the national level regarding implementation of this Convention; Training of workers, scientists, educators and technical and managerial personnel; Development and exchange of educational and public awareness materials at the national and international levels; and (d) (e) (f) (g) Development and implementation of education and training programmes at the national and international levels.
242 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble 2.

3.

4.

5.

Each Party shall, within its capabilities, ensure that the public has access to the public information referred to in paragraph 1 and that the information is kept up­to­date.
Each Party shall, within its capabilities, encourage industry and professional users to promote and facilitate the provision of the information referred to in paragraph 1 at the national level and, as appropriate, subregional, regional and global levels.

In providing information on persistent organic pollutants and their alternatives, Parties may use safety data sheets, reports, mass media and other means of communication, and may es­ tablish information centres at national and regional levels.
Each Party shall give sympathetic consideration to developing mechanisms, such as pollutant release and transfer registers, for the collection and dissemination of information on esti­ mates of the annual quantities of the chemicals listed in Annex A, B or C that are released or disposed of.
Article 11 Research, development and monitoring .1 The Parties shall, within their capabilities, at the national and international levels, encourage and/or undertake appropriate research, development, monitoring and cooperation pertaining to persistent organic pollutants and, where relevant, to their alternatives and to candidate persistent organic pollutants, in­ cluding on their: (a) (b) Sources and releases into the environment; Presence, levels and trends in humans and the environ­ ment; Environmental transport, fate and transformation; Effects on human health and the environment; Socio­economic and cultural impacts; Release reduction and/or elimination; and (c) (d) (e) (f) (g) Harmonized methodologies for making inventories of generating sources and analytical techniques for the measurement of releases.
2.
In undertaking action under paragraph 1, the Parties shall, within their capabilities: (a) Support and further develop, as appropriate, inter­ national programmes, networks and organizations 243 Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (b) (c) aimed at deﬁning, conducting, assessing and ﬁnancing research, data collection and monitoring, taking into account the need to minimize duplication of effort; Support national and international efforts to strengthen national scientiﬁc and technical research capabilities, particularly in developing countries and countries with economies in transition, and to promote access to, and the exchange of, data and analyses; Take into account the concerns and needs, particularly in the ﬁeld of ﬁnancial and technical resources, of devel­ oping countries and countries with economies in tran­ sition and cooperate in improving their capability to participate in the efforts referred to in subparagraphs (a) and (b); (d) Undertake research work geared towards alleviating the effects of persistent organic pollutants on reproductive health; (e) Make the results of their research, development and monitoring activities referred to in this paragraph ac­ cessible to the public on a timely and regular basis; and Encourage and/or undertake cooperation with regard to storage and maintenance of information generated from research, development and monitoring.
(f) Article 12 Technical assistance 1.

The Parties recognize that rendering of timely and appropriate technical assistance in response to requests from developing country Parties and Parties with economies in transition is es­ sential to the successful implementation of this Convention.
The Parties shall cooperate to provide timely and appropriate technical assistance to developing country Parties and Parties with economies in transition, to assist them, taking into ac­ count their particular needs, to develop and strengthen their capacity to implement their obligations under this Convention.
In this regard, technical assistance to be provided by developed country Parties, and other Parties in accordance with their cap­ abilities, shall include, as appropriate and as mutually agreed, technical assistance for capacity­building relating to imple­ mentation of the obligations under this Convention.

Further 2.

3.

244 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble 4.

5. guidance in this regard shall be provided by the Conference of the Parties.
The Parties shall establish, as appropriate, arrangements for the purpose of providing technical assistance and promoting the transfer of technology to developing country Parties and Parties with economies in transition relating to the implemen­ tation of this Convention.
These arrangements shall include regional and subregional centres for capacity­building and transfer of technology to assist developing country Parties and Parties with economies in transition to fulﬁl their obligations under this Convention.

Further guidance in this regard shall be provided by the Conference of the Parties.
The Parties shall, in the context of this Article, take full ac­ count of the speciﬁc needs and special situation of least de­ veloped countries and small island developing states in their actions with regard to technical assistance.

Article 13 Financial resources and mechanisms 1.


Each Party undertakes to provide, within its capabilities, ﬁ­ nancial support and incentives in respect of those national ac­ tivities that are intended to achieve the objective of this Con­ vention in accordance with its national plans, priorities and programmes.
The developed country Parties shall provide new and addi­ tional ﬁnancial resources to enable developing country Parties and Parties with economies in transition to meet the agreed full incremental costs of implementing measures which fulﬁll their obligations under this Convention as agreed between a recipient Party and an entity participating in the mechanism described in paragraph 6.

Other Parties may also on a vol­ untary basis and in accordance with their capabilities provide such ﬁnancial resources.
Contributions from other sources should also be encouraged.

The implementation of these com­ mitments shall take into account the need for adequacy, pre­ dictability, the timely ﬂow of funds and the importance of bur­ den sharing among the contributing Parties.

Developed country Parties, and other Parties in accordance with their capabilities and in accordance with their national plans, priorities and programmes, may also provide and devel­ 245 2.

3.
3.

Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 oping country Parties and Parties with economies in transition avail themselves of ﬁnancial resources to assist in their imple­ mentation of this Convention through other bilateral, regional and multilateral sources or channels.
The extent to which the developing country Parties will ef­ fectively implement their commitments under this Conven­ tion will depend on the effective implementation by developed country Parties of their commitments under this Convention relating to ﬁnancial resources, technical assistance and tech­ nology transfer.
The fact that sustainable economic and social development and eradication of poverty are the ﬁrst and over­ riding priorities of the developing country Parties will be taken fully into account, giving due consideration to the need for the protection of human health and the environment.

The Parties shall take full account of the speciﬁc needs and special situation of the least developed countries and the small island developing states in their actions with regard to funding.
A mechanism for the provision of adequate and sustainable ﬁnancial resources to developing country Parties and Parties with economies in transition on a grant or concessional basis to assist in their implementation of the Convention is hereby deﬁned.

The mechanism shall function under the authority, as appropriate, and guidance of, and be accountable to the Con­ ference of the Parties for the purposes of this Convention.
Its operation shall be entrusted to one or more entities, including existing international entities, as may be decided upon by the Conference of the Parties.

The mechanism may also include other entities providing multilateral, regional and bilateral ﬁ­ nancial and technical assistance.

Contributions to the mech­ anism shall be additional to other ﬁnancial transfers to devel­ oping country Parties and Parties with economies in transition as reﬂected in, and in accordance with, paragraph 2.
Pursuant to the objectives of this Convention and paragraph 6, the Conference of the Parties shall at its ﬁrst meeting adopt appropriate guidance to be provided to the mechanism and shall agree with the entity or entities participating in the ﬁ­ nancial mechanism upon arrangements to give effect thereto.

The guidance shall address, inter alia: 4.

5.

6.

7.
246 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble (a) (b) (c) (d) (e) The determination of the policy, strategy and pro­ gramme priorities, as well as clear and detailed criteria and guidelines regarding eligibility for access to and utilization of ﬁnancial resources including monitoring and evaluation on a regular basis of such utilization; The provision by the entity or entities of regular reports to the Conference of the Parties on adequacy and sus­ tainability of funding for activities relevant to the im­ plementation of this Convention; The promotion of multiple­source funding approaches, mechanisms and arrangements; The modalities for the determination in a predictable and identiﬁable manner of the amount of funding neces­ sary and available for the implementation of this Con­ vention, keeping in mind that the phasing out of per­ sistent organic pollutants might require sustained fund­ ing, and the conditions under which that amount shall be periodically reviewed; and The modalities for the provision to interested Parties of assistance with needs assessment, information on avail­ able sources of funds and on funding patterns in order to facilitate coordination among them.
8.

The Conference of the Parties shall review, not later than its second meeting and thereafter on a regular basis, the effect­ iveness of the mechanism established under this Article, its ability to address the changing needs of the developing coun­ try Parties and Parties with economies in transition, the criteria and guidance referred to in paragraph 7, the level of funding as well as the effectiveness of the performance of the institu­ tional entities entrusted to operate the ﬁnancial mechanism.
It shall, based on such review, take appropriate action, if neces­ sary, to improve the effectiveness of the mechanism, including by means of recommendations and guidance on measures to ensure adequate and sustainable funding to meet the needs of the Parties.
Article 14 Interim ﬁnancial arrangements The institutional structure of the Global Environment Facility, operated in accordance with the Instrument for the Establish­ 247 Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 ment of the Restructured Global Environment Facility, shall, on an interim basis, be the principal entity entrusted with the operations of the ﬁnancial mechanism referred to in Article 13, for the period between the date of entry into force of this Convention and the ﬁrst meeting of the Conference of the Par­ ties, or until such time as the Conference of the Parties decides which institutional structure will be designated in accordance with Article 13.
The institutional structure of the Global Envir­ onment Facility should fulﬁll this function through operational measures related speciﬁcally to persistent organic pollutants taking into account that new arrangements for this area may be needed.

Article 15 Reporting 1.

Each Party shall report to the Conference of the Parties on the measures it has taken to implement the provisions of this Con­ vention and on the effectiveness of such measures in meeting the objectives of the Convention.
Each Party shall provide to the Secretariat: (a) Statistical data on its total quantities of production, im­ port and export of each of the chemicals listed in Annex A and Annex B or a reasonable estimate of such data; and To the extent practicable, a list of the States from which it has imported each such substance and the States to which it has exported each such substance.

(b) 3.
(b) 3.

Such reporting shall be at periodic intervals and in a format to be decided by the Conference of the Parties at its ﬁrst meeting.

Article 16 Effectiveness evaluation.

1.

Commencing four years after the date of entry into force of this Convention, and periodically thereafter at intervals to be decided by the Conference of the Parties, the Conference shall evaluate the effectiveness of this Convention.
In order to facilitate such evaluation, the Conference of the Parties shall, at its ﬁrst meeting, initiate the establishment of arrangements to provide itself with comparable monitoring data on the presence of the chemicals listed in Annexes A, B 2.

2.

248 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble and C as well as their regional and global environmental trans­ port.
These arrangements: (a) Should be implemented by the Parties on a regional basis when appropriate, in accordance with their tech­ nical and ﬁnancial capabilities, using existing monitor­ ing programmes and mechanisms to the extent possible and promoting harmonization of approaches; (c) (b) May be supplemented where necessary, taking into ac­ count the differences between regions and their capabil­ ities to implement monitoring activities; and Shall include reports to the Conference of the Parties on the results of the monitoring activities on a regional and global basis at intervals to be speciﬁed by the Confer­ ence of the Parties.
The evaluation described in paragraph 1 shall be conducted on the basis of available scientiﬁc, environmental, technical and economic information, including: (a) Reports and other monitoring information provided pur­ suant to paragraph 2; (b) National reports submitted pursuant to Article 15; and Non­compliance information provided pursuant to the (c) procedures established under Article 17.

3.
3.

Article 17 Non­compliance The Conference of the Parties shall, as soon as practicable, develop and approve procedures and institutional mechanisms for determining non­compliance with the provisions of this Convention and for the treatment of Parties found to be in non­ compliance.

Article 18 Settlement of disputes 1.

Parties shall settle any dispute between them concerning the interpretation or application of this Convention through nego­ tiation or other peaceful means of their own choice.

2.
When ratifying, accepting, approving or acceding to the Con­ vention, or at any time thereafter, a Party that is not a regional economic integration organization may declare in a written instrument submitted to the depositary that, with respect to any dispute concerning the interpretation or application of the 249 Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Convention, it recognizes one or both of the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation: (a) Arbitration in accordance with procedures to be adopted by the Conference of the Parties in an annex as soon as practicable; Submission of the dispute to the International Court of Justice.
(b) 3.

4.

5.

6.

A Party that is a regional economic integration organization may make a declaration with like effect in relation to arbitra­ tion in accordance with the procedure referred to in paragraph 2 (a).

A declaration made pursuant to paragraph 2 or paragraph 3 shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the depositary.
The expiry of a declaration, a notice of revocation or a new declaration shall not in any way affect proceedings pending before an arbitral tribunal or the International Court of Justice unless the parties to the dispute otherwise agree.
If the parties to a dispute have not accepted the same or any procedure pursuant to paragraph 2, and if they have not been able to settle their dispute within twelve months following no­ tiﬁcation by one party to another that a dispute exists between them, the dispute shall be submitted to a conciliation commis­ sion at the request of any party to the dispute.

The concili­ ation commission shall render a report with recommendations.
Additional procedures relating to the conciliation commission shall be included in an annex to be adopted by the Conference of the Parties no later than at its second meeting.

Article 19 Conference of the Parties 1.

2.

A Conference of the Parties is hereby established.

The ﬁrst meeting of the Conference of the Parties shall be con­ vened by the Executive Director of the United Nations Envir­ onment Programme no later than one year after the entry into force of this Convention.
Thereafter, ordinary meetings of the 250 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble 3.

4.

5.

6.

Conference of the Parties shall be held at regular intervals to be decided by the Conference.

Extraordinary meetings of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference, or at the written request of any Party provided that it is supported by at least one third of the Parties.
The Conference of the Parties shall by consensus agree upon and adopt at its ﬁrst meeting rules of procedure and ﬁnancial rules for itself and any subsidiary bodies, as well as ﬁnancial provisions governing the functioning of the Secretariat.

The Conference of the Parties shall keep under continuous re­ view and evaluation the implementation of this Convention.
It shall perform the functions assigned to it by the Convention and, to this end, shall: (a) Establish, further to the requirements of paragraph 6, such subsidiary bodies as it considers necessary for the implementation of the Convention; Cooperate, where appropriate, with competent inter­ national organizations and intergovernmental and non­ governmental bodies; and Regularly review all information made available to the Parties pursuant to Article 15, including consideration of the effectiveness of paragraph 2(b)(iii) of Article 3; Consider and undertake any additional action that may be required for the achievement of the objectives of the Convention.
(b) (c) (d) The Conference of the Parties shall, at its ﬁrst meeting, es­ tablish a subsidiary body to be called the Persistent Organic Pollutants Review Committee for the purposes of performing the functions assigned to that Committee by this Convention.

In this regard: (a) The members of the Persistent Organic Pollutants Re­ view Committee shall be appointed by the Conference of the Parties.
Membership of the Committee shall con­ sist of government­designated experts in chemical as­ sessment or management.

The members of the Com­ mittee shall be appointed on the basis of equitable geo­ graphical distribution; 251 Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 7.

8.
8.

(b) (c) The Conference of the Parties shall decide on the terms of reference, organization and operation of the Commit­ tee; and The Committee shall make every effort to adopt its rec­ ommendations by consensus.

If all efforts at consensus have been exhausted, and no consensus reached, such recommendation shall as a last resort be adopted by a two­thirds majority vote of the members present and voting.
The Conference of the Parties shall, at its third meeting, eval­ uate the continued need for the procedure contained in para­ graph 2(b) of Article 3, including consideration of its effect­ iveness.

The United Nations, its specialized agencies and the Inter­ national Atomic Energy Agency, as well as any State not Party to this Convention, may be represented at meetings of the Con­ ference of the.

Parties as observers.


Any body or agency, whether national or international, governmental or non­gov­ ernmental, qualiﬁed in matters covered by the Convention, and which has informed the Secretariat of its wish to be repre­ sented at a meeting of the Conference of the Parties as an ob­ server may be admitted unless at least one third of the Parties present object.

The admission and participation of observers shall be subject to the rules of procedure adopted by the Con­ ference of the Parties.
Article 20 Secretariat 1.

2.

A Secretariat is hereby established.
The functions of the Secretariat shall be: (a) To make arrangements for meetings of the Conference of the Parties and its subsidiary bodies and to provide them with services as required; To facilitate assistance to the Parties, particularly de­ veloping country Parties and Parties with economies in transition, on request, in the implementation of this Convention; To ensure the necessary coordination with the secretari­ ats of other relevant international bodies; (b) (c) 252 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble (d) (e) (f) To prepare and make available to the Parties periodic reports based on information received pursuant to Art­ icle 15 and other available information; To enter, under the overall guidance of the Conference of the Parties, into such administrative and contractual arrangements as may be required for the effective dis­ charge of its functions; and To perform the other secretariat functions speciﬁed in this Convention and such other functions as may be de­ termined by the Conference of the Parties.
3.

The secretariat functions for this Convention shall be per­ formed by the Executive Director of the United Nations Environment Programme, unless the Conference of the Par­ ties decides, by a threefourths majority of the Parties present and voting, to entrust the secretariat functions to one or more other international organizations.

Article 21 Amendments to the Convention 1.

2.

3.

4.

5.

Amendments to this Convention may be proposed by any Party.
Amendments to this Convention shall be adopted at a meet­ ing of the Conference of the Parties.

The text of any proposed amendment shall be communicated to the Parties by the Sec­ retariat at least six months before the meeting at which it is proposed for adoption.

The Secretariat shall also communi­ cate proposed amendments to the signatories to this Conven­ tion and, for information, to the depositary.
The Parties shall make every effort to reach agreement on any proposed amendment to this Convention by consensus.

If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three­fourths majority vote of the Parties present and voting.

The amendment shall be communicated by the depositary to all Parties for ratiﬁcation, acceptance or approval.
Ratiﬁcation, acceptance or approval of an amendment shall be notiﬁed to the depositary in writing.

An amendment adopted in accordance with paragraph 3 shall enter into force for the Parties having accepted it on the ninetieth day after the date of 253 Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 deposit of instruments of ratiﬁcation, acceptance or approval by at least threefourths of the Parties.
Thereafter, the amend­ ment shall enter into force for any other Party on the ninetieth day after the date on which that Party deposits its instrument of ratiﬁcation, acceptance or approval of the amendment.

Article 22 Adoption and amendment of annexes 1.

Annexes to this Convention shall form an integral part thereof and, unless expressly provided otherwise, a reference to this Convention constitutes at the same time a reference to any annexes thereto.
Any additional annexes shall be restricted to procedural, sci­ entiﬁc, technical or administrative matters.
The following procedure shall apply to the proposal, adoption and entry into force of additional annexes to this Convention: Additional annexes shall be proposed and adopted ac­ (a) cording to the procedure laid down in paragraphs 1, 2 and 3 of Article 21; (b) Any Party that is unable to accept an additional annex shall so notify the depositary, in writing, within one year from the date of communication by the depositary of the adoption of the additional annex.
The depositary shall without delay notify all Parties of any such notiﬁcation received.
A Party may at any time withdraw a previous notiﬁcation of non­acceptance in respect of any addi­ tional annex, and the annex shall thereupon enter into force for that Party subject to subparagraph (c); and On the expiry of one year from the date of the communi­ cation by the depositary of the adoption of an additional annex, the annex shall enter into force for all Parties that have not submitted a notiﬁcation in accordance with the provisions of subparagraph (b).
(c) The proposal, adoption and entry into force of amendments to Annex A, B or C shall be subject to the same procedures as for the proposal, adoption and entry into force of additional annexes to this Convention, except that an amendment to An­ nex A, B or C shall not enter into force with respect to any Party that has made a declaration with respect to amendment to those Annexes in accordance with paragraph 4 of Article 25, 2.

3.

4.
3.

4.

254 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble in which case any such amendment shall enter into force for such a Party on the ninetieth day after the date of deposit with the depositary of its instrument of ratiﬁcation, acceptance, ap­ proval or accession with respect to such amendment.
The following procedure shall apply to the proposal, adoption and entry into force of an amendment to Annex D, E or F: (a) Amendments shall be proposed according to the pro­ cedure in paragraphs 1 and 2 of Article 21; The Parties shall take decisions on an amendment to Annex D, E or F by consensus; and A decision to amend Annex D, E or F shall forthwith be communicated to the Parties by the depositary.

The amendment shall enter into force for all Parties on a date to be speciﬁed in the decision.
(b) (c) If an additional annex or an amendment to an annex is related to an amendment to this Convention, the additional annex or amendment shall not enter into force until such time as the amendment to the Convention enters into force.

5.

6.

Article 23 Right to vote 1.

2.

Each Party to this Convention shall have one vote, except as provided for in paragraph 2.
A regional economic integration organization, on matters within its competence, shall exercise its right to vote with a number of votes equal to the number of its member States that are Parties to this Convention.

Such an organization shall not exercise its right to vote if any of its member States exercises its right to vote, and vice versa.
Article 24 Signature This Convention shall be open for signature at Stockholm by all States and regional economic integration organizations on 23 May 2001, and at the United Nations Headquarters in New York from 24 May 2001 to 22 May 2002.

Article 25 Ratiﬁcation, acceptance, approval or accession 1.
This Convention shall be subject to ratiﬁcation, acceptance or approval by States and by regional economic integration 255 Preamble Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 It shall be open for accession by States and organizations.

by regional economic integration organizations from the day after the date on which the Convention is closed for signature.

Instruments of ratiﬁcation, acceptance, approval or accession shall be deposited with the depositary.
Any regional economic integration organization that becomes a Party to this Convention without any of its member States being a Party shall be bound by all the obligations under the Convention.

In the case of such organizations, one or more of whose member States is a Party to this Convention, the organ­ ization and its member States shall decide on their respective responsibilities for the performance of their obligations under the Convention.
In such cases, the organization and the mem­ ber States shall not be entitled to exercise rights under the Con­ vention concurrently.

In its instrument of ratiﬁcation, acceptance, approval or ac­ cession, a regional economic integration organization shall de­ clare the extent of its competence in respect of the matters gov­ erned by this Convention.

Any such organization shall also inform the depositary, who shall in turn inform the Parties, of any relevant modiﬁcation in the extent of its competence.
In its instrument of ratiﬁcation, acceptance, approval or acces­ sion, any Party may declare that, with respect to it, any amend­ ment to Annex A, B or C shall enter into force only upon the deposit of its instrument of ratiﬁcation, acceptance, approval or accession with respect thereto.

2.

3.

4.

Article 26 Entry into force 1.

This Convention shall enter into force on the ninetieth day after the date of deposit of the ﬁftieth instrument of ratiﬁcation, acceptance, approval or accession.
For each State or regional economic integration organization that ratiﬁes, accepts or approves this Convention or accedes thereto after the deposit of the ﬁftieth instrument of ratiﬁca­ tion, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of deposit by such State or regional economic integration organization of its instrument of ratiﬁcation, acceptance, approval or accession.

2.
2.

256 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Preamble 3.

For the purpose of paragraphs 1 and 2, any instrument de­ posited by a regional economic integration organization shall not be counted as additional to those deposited by member States of that organization.

Article 27 Reservations No reservations may be made to this Convention.

Article 28 Withdrawal 1.


At any time after three years from the date on which this Con­ vention has entered into force for a Party, that Party may with­ draw from the Convention by giving written notiﬁcation to the depositary.

Any such withdrawal shall take effect upon the expiry of one year from the date of receipt by the depositary of the notiﬁca­ tion of withdrawal, or on such later date as may be speciﬁed in the notiﬁcation of withdrawal.

2.
2.

Article 29 Depositary The Secretary­General of the United Nations shall be the de­ positary of this Convention.

Article 30 Authentic texts The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authen­ tic, shall be deposited with the Secretary­General of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.
Done at Stockholm on this twenty­second day of May, two thousand and one.
257 Schedule A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Annex A ELIMINATION 1 Chemical Activity Speciﬁc exemption Aldrin* CAS No: 309­00­2 Chlordane* CAS No: 57­74­9 Production None Use Local ectoparasiticide Insecticide Production As allowed for the Parties listed in the Register Use Local ectoparasiticide Insecticide Termiticide Termiticide in buildings and dams Termiticide in roads Additive in plywood adhesives Dieldrin* CAS No: 60­57­1 Production None Use In agricultural operations Endrin* CAS No: 72­20­8 Production None Use Production None None Heptachlor* CAS No: 76­44­8 Use Termiticide Termiticide in structures of houses Termiticide (subterranean) 258 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule A 1—continued Wood treatment In use in underground cable boxes Hexachloroben­ zene CAS No: 118­74­1 Mirex* CAS No: 2385­85­5 Production As allowed for the Parties listed in the Register Use Intermediate Solvent in pesticide Closed system site limited intermediate Production As allowed for the Parties listed in the Register Use Termiticide Toxaphene* CAS No: 8001­35­2 Polychlorinated Biphenyl, (PCB)* Production Use Production Use None None None Articles in use in accordance with the provisions of Part II of this Annex Notes: (i) (ii) Except as otherwise speciﬁed in this Convention, quantities of a chemical occurring as unintentional trace contaminants in products and articles shall not be considered to be listed in this Annex; This note shall not be considered as a production and use speciﬁc exemption for purposes of paragraph 2 of Article 3.
Quantities of a chemical occurring as constituents of articles manufactured or already in use before or on the date of entry into force of the relevant obligation with respect to that chem­ ical, shall not be considered as listed in this Annex, provided that a Party has notiﬁed the Secretariat that a particular type of article remains in use within that Party.
The Secretariat shall make such notiﬁcations publicly available; (iii) This note, which does not apply to a chemical that has an aster­ isk following its name in the Chemical column in Part I of this 259 Schedule A Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 1—continued Annex, shall not be considered as a production and use speciﬁc exemption for purposes of paragraph 2 of Article 3.
Given that no signiﬁcant quantities of the chemical are expected to reach humans and the environment during the production and use of a closed­system sitelimited intermediate, a Party, upon notiﬁ­ cation to the Secretariat, may allow the production and use of quantities of a chemical listed in this Annex as a closed­sys­ tem site­limited intermediate that is chemically transformed in the manufacture of other chemicals that, taking into consider­ ation the criteria in paragraph 1 of Annex D, do not exhibit the characteristics of persistent organic pollutants.
This noti­ ﬁcation shall include information on total production and use of such chemical or a reasonable estimate of such information and information regarding the nature of the closed­system site­ limited process including the amount of any non­transformed and unintentional trace contamination of the persistent organic pollutant­starting material in the ﬁnal product.

This proced­ ure applies except as otherwise speciﬁed in this Annex.
The Secretariat shall make such notiﬁcations available to the Con­ ference of the Parties and to the public.

Such production or use shall not be considered a production or use speciﬁc ex­ emption.

Such production and use shall cease after a ten­year period, unless the Party concerned submits a new notiﬁcation to the Secretariat, in which case the period will be extended for an additional ten years unless the Conference of the Parties, af­ ter a review of the production and use decides otherwise.
The notiﬁcation procedure can be repeated; (iv) All the speciﬁc exemptions in this Annex may be exercised by Parties that have registered exemptions in respect of them in accordance with Article 4 with the exception of the use of polychlorinated biphenyls in articles in use in accordance with the provisions of Part 2 of this Annex, which may be exercised by all Parties.
260 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule A II Polychlorinated biphenyls Each Party shall: (a) With regard to the elimination of the use of polychlorinated biphenyls in equipment (e.g.
transformers, capacitors or other receptacles containing liquid stocks) by 2025, subject to re­ view by the Conference of the Parties, take action in accord­ ance with the following priorities: (i) Make determined efforts to identify, label and remove from use equipment containing greater than 10 per cent polychlorinated biphenyls and volumes greater than 5 litres; (ii) Make determined efforts to identify, label and remove from use equipment containing greater than 0.05 per cent polychlorinated biphenyls and volumes greater than 5 litres; (iii) Endeavour to identify and remove from use equipment containing greater than 0.005 percent polychlorinated biphenyls and volumes greater than 0.05 litres; Consistent with the priorities in subparagraph (a), promote the following measures to reduce exposures and risk to control the use of polychlorinated biphenyls: (i) Use only in intact and non­leaking equipment and only in areas where the risk from environmental release can be minimised and quickly remedied; (ii) Not use in equipment in areas associated with the pro­ duction or processing of food or feed; (iii) When used in populated areas, including schools and hospitals, all reasonable measures to protect from elec­ trical failure which could result in a ﬁre, and regular inspection of equipment for leaks; Notwithstanding paragraph 2 of Article 3, ensure that equip­ ment containing polychlorinated biphenyls, as described in subparagraph (a), shall not be exported or imported except for the purpose of environmentally
 sound waste management; Except for maintenance and servicing operations, not allow recovery for the purpose of reuse in other equipment of liquids with polychlorinated biphenyls content above 0.005 per cent; (b) (c) (d) 261 Schedule B Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 II—continued (f) (e) Make determined efforts designed to lead to environmentally sound waste management of liquids containing polychlori­ nated biphenyls and equipment contaminated with polychlo­ rinated biphenyls having a polychlorinated biphenyls content above 0.005 per cent, in accordance with paragraph 1 of Article 6, as soon as possible but no later than 2028, subject to review by the Conference of the Parties; In lieu of note (ii) in of this Annex, endeavour to identify other articles containing more than 0.005 per cent polychlorinated biphenyls (e.g.
cable­sheaths, cured caulk and painted objects) and manage them in accordance with paragraph 1 of Article 6; Provide a report every ﬁve years on progress in eliminating polychlorinated biphenyls and submit it to the Conference of the Parties pursuant to Article 15; The reports described in subparagraph (g) shall, as appropri­ ate, be considered by the Conference of the Parties in its re­ views relating to polychlorinated biphenyls.
The Conference of the Parties shall review progress towards elimination of polychlorinated biphenyls at ﬁve year intervals or other period, as appropriate, taking into account such reports.
(h) (g) Annex B RESTRICTION I Chemical Activity Acceptable purpose or speciﬁc exemption DDT (1,1,1­trichloro­2,2­ bis(4­chlorophenyl)ethane) CAS No: 50­29­3 Production Acceptable purpose: Disease vector control use in accordance with Part II of this Annex Speciﬁc exemption: Intermediate in production of dicofol Intermediate 262 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule B Use Acceptable purpose: Disease vector control in accordance with Part II of this Annex Speciﬁc exemption: Production of dicofol Intermediate Notes: (i) (ii) Except as otherwise speciﬁed in this Convention, quantities of a chemical occurring as unintentional trace contaminants in products and articles shall not be considered to be listed in this Annex; This note shall not be considered as a production and use ac­ ceptable purpose or speciﬁc exemption for purposes of para­ graph 2 of Article 3.
Quantities of a chemical occurring as constituents of articles manufactured or already in use before or on the date of entry into force of the relevant obligation with respect to that chemical, shall not be considered as listed in this Annex, provided that a Party has notiﬁed the Secretariat that a particular type of article remains in use within that Party.
The Secretariat shall make such notiﬁcations publicly available; (iii) This note shall not be considered as a production and use speciﬁc exemption for purposes of paragraph 2 of Article 3.
Given that no signiﬁcant quantities of the chemical are ex­ pected to reach humans and the environment during the pro­ duction and use of a closed­system site­limited intermediate, a Party, upon notiﬁcation to the Secretariat, may allow the pro­ duction and use of quantities of a chemical listed in this An­ nex as a closed­system site­limited intermediate that is chem­ ically transformed in the manufacture of other chemicals that, taking into consideration the criteria in paragraph 1 of Annex D, do not exhibit the characteristics of persistent organic pol­ lutants.
This notiﬁcation shall include information on total production and use of such chemical or a reasonable estimate of such information and information regarding the nature of the closed­system site­limited process including the amount of any non­transformed and unintentional trace contamination of the persistent organic pollutant­starting material in the ﬁnal product.

This procedure applies except as otherwise speciﬁed in this Annex.
The Secretariat shall make such notiﬁcations 263 Schedule B Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 available to the Conference of the Parties and to the public.

Such production or use shall not be considered a production or use speciﬁc exemption.
Such production and use shall cease after a ten­year period, unless the Party concerned submits a new notiﬁcation to the Secretariat, in which case the period will be extended for an additional ten years unless the Con­ ference of the Parties, after a review of the production and use decides otherwise.

The notiﬁcation procedure can be repeated; (iv) All the speciﬁc exemptions in this Annex may be exercised by Parties that have registered in respect of them in accordance with Article 4.
II DDT (1,1,1­trichloro­2,2­bis(4­chlorophenyl)ethane) The production and use of DDT shall be eliminated except for Parties that have notiﬁed the Secretariat of their intention to produce and/or use it.

A DDT Register is hereby established and shall be available to the public.

The Secretariat shall main­ tain the DDT Register.


Each Party that produces and/or uses DDT shall restrict such production and/or use for disease vector control in accord­ ance with the World Health Organization recommendations and guidelines on the use of DDT and when locally safe, ef­ fective and affordable alternatives are not available to the Party in question.
In the event that a Party not listed in the DDT Register deter­ mines that it requires DDT for disease vector control, it shall notify the Secretariat as soon as possible in order to have its name added forthwith to the DDT Register.

It shall at the same time notify the World Health Organization.

Every three years, each Party that uses DDT shall provide to the Secretariat and the World Health Organization information on the amount used, the conditions of such use and its rele­ 1.

2.

3.

4.
2.

3.

4.

264 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule B II—continued vance to that Party’s disease management strategy, in a format to be decided by the Conference of the Parties in consultation with the World Health Organization.
With the goal of reducing and ultimately eliminating the use of DDT, the Conference of the Parties shall encourage: (a) Each Party using DDT to develop and implement an action plan as part of the implementation plan speciﬁed in Article 7.
That action plan shall include: (i) Development of regulatory and other mechan­ isms to ensure that DDT use is restricted to dis­ ease vector control; Implementation of suitable alternative products, methods and strategies, including resistance management strategies to ensure the continuing effectiveness of these alternatives; (ii) (b) (iii) Measures to strengthen health care and to reduce the incidence of the disease.
The Parties, within their capabilities, to promote re­ search and development of safe alternative chemical and non­chemical products, methods and strategies for Parties using DDT, relevant to the conditions of those countries and with the goal of decreasing the human and economic burden of disease.

Factors to be pro­ moted when considering alternatives or combinations of alternatives shall include the human health risks and environmental implications of such alternatives.
Vi­ able alternatives to DDT shall pose less risk to human health and the environment, be suitable for disease con­ trol based on conditions in the Parties in question and be supported with monitoring data.

Commencing at its ﬁrst meeting, and at least every three years thereafter, the Conference of the Parties shall, in consultation with the World Health Organization, evaluate the continued need for DDT for disease vector control on the basis of avail­ 265 5.

6.
6.

Schedule C Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 II—continued able scientiﬁc, technical, environmental and economic infor­ mation, including: (a) The production and use of DDT and the conditions set out in paragraph 2; The availability, suitability and implementation of the alternatives to DDT; and Progress in strengthening the capacity of countries to transfer safely to reliance on such alternatives.

(b) (c) 7.
(b) (c) 7.

A Party may, at any time, withdraw its name from the DDT Registry upon written notiﬁcation to the Secretariat.

The with­ drawal shall take effect on the date speciﬁed in the notiﬁcation.
Annex C UNINTENTIONAL PRODUCTION I Persistent organic pollutants subject to the requirements of Article 5 This Annex applies to the following persistent organic pollutants when formed and released unintentionally from anthropogenic sources: Chemical Polychlorinated dibenzo­p­dioxins and dibenzofurans (PCDD/PCDF) Hexachlorobenzene (HCB) (CAS No: 118­74­1) Polychlorinated biphenyls (PCB) II Source categories Polychlorinated hex­ achlorobenzene and polychlorinated biphenyls are unintentionally formed and released from thermal processes involving organic dibenzo­p­dioxins dibenzofurans, and 266 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule C II—continued matter and chlorine as a result of incomplete combustion or chem­ ical reactions: The following industrial source categories have the potential for comparatively high formation and release of these chemicals to the environment: (a) Waste incinerators, including co­incinerators of municipal, (b) (c) (d) hazardous or medical waste or of sewage sludge; Cement kilns ﬁring hazardous waste; Production of pulp using elemental chlorine or chemicals gen­ erating elemental chlorine for bleaching; The following thermal processes in the metallurgical industry: (i) (ii) (iii) Secondary aluminium production; Secondary zinc production.
(iv) Secondary copper production; Sinter plants in the iron and steel industry; III Source categories and (c) (d) (e) (f) dibenzofurans, dibenzo­p­dioxins Polychlorinated hex­ achlorobenzene and polychlorinated biphenyls may also be unintentionally formed and released from the following source categories, including: (a) (b) Open burning of waste, including burning of landﬁll sites; Thermal processes in the metallurgical industry not mentioned in Part II; Residential combustion sources; Fossil fuel­ﬁred utility and industrial boilers; Firing installations for wood and other biomass fuels; Speciﬁc chemical production processes releasing unintention­ ally formed persistent organic pollutants, especially produc­ tion of chlorophenols and chloranil; Crematoria; (g) (h) Motor vehicles, particularly those burning leaded gasoline; (i) (j) Destruction of animal carcasses; Textile and leather dyeing (with chloranil) and ﬁnishing (with alkaline extraction); Shredder plants for the treatment of end of life vehicles; Smouldering of copper cables; (k) (l) 267 1.
2.

Schedule C Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (m) Waste oil reﬁneries.
III—continued IV Deﬁnitions For the purposes of this Annex: (a) (b) “Polychlorinated biphenyls” means aromatic com­ pounds formed in such a manner that the hydrogen atoms on the biphenyl molecule (two benzene rings bonded together by a single carboncarbon bond) may be replaced by up to ten chlorine atoms; and “Polychlorinated dibenzo­p­dioxins” and “polychlori­ nated dibenzofurans” are tricyclic, aromatic compounds formed by two benzene rings connected by two oxygen atoms in polychlorinated dibenzo­p­dioxins and by one oxygen atom and one carbon­carbon bond in polychlo­ rinated dibenzofurans and the hydrogen atoms of which may be replaced by up to eight chlorine atoms.
In this Annex, the toxicity of polychlorinated dibenzo­p­diox­ ins and dibenzofurans is expressed using the concept of toxic equivalency which measures the relative dioxin­like toxic activity of different congeners of polychlorinated dibenzo­p­dioxins and dibenzofurans and coplanar poly­ chlorinated biphenyls in comparison to 2,3,7,8­tetra­ chlorodibenzo­p­dioxin.
The toxic equivalent factor values to be used for the purposes of this Convention shall be consistent with accepted international standards, commencing with the World Health Organization 1998 mammalian toxic equiva­ lent factor values for polychlorinated dibenzo­p­dioxins and dibenzofurans and coplanar polychlorinated biphenyls.

Con­ centrations are expressed in toxic equivalents.
268 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule C V General guidance on best available techniques and best environmental practices This Part provides general guidance to Parties on preventing or re­ ducing releases of the chemicals listed in Part I.
(d) A—General prevention measures relating to both best available techniques and best environmental practices Priority should be given to the consideration of approaches to prevent the formation and release of the chemicals listed in Part I.
Useful measures could include: (a) (b) (c) The use of low­waste technology; The use of less hazardous substances; The promotion of the recovery and recycling of waste and of substances generated and used in a process; Replacement of feed materials which are persistent organic pollutants or where there is a direct link between the materials and releases of persistent organic pollutants from the source; Good housekeeping and preventive maintenance programmes; Improvements in waste management with the aim of the ces­ sation of open and other uncontrolled burning of wastes, in­ cluding the burning of landﬁll sites.
When considering pro­ posals to construct new waste disposal facilities, consideration should be given to alternatives such as activities to minimize the generation of municipal and medical waste, including re­ source recovery, reuse, recycling, waste separation and pro­ moting products that generate less waste.
Under this approach, public health concerns should be carefully considered; (g) Minimization of these chemicals as contaminants in products; (h) Avoiding elemental chlorine or chemicals generating elemen­ (e) (f) tal chlorine for bleaching.
B.—Best available techniques The concept of best available techniques is not aimed at the prescrip­ tion of any speciﬁc technique or technology, but at taking into ac­ count the technical characteristics of the installation concerned, its geographical location and the local environmental conditions.
Ap­ 269 Schedule C Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 V—continued B.—continued propriate control techniques to reduce releases of the chemicals listed in Part I are in general the same.
In determining best available tech­ niques, special consideration should be given, generally or in speciﬁc cases, to the following factors, bearing in mind the likely costs and beneﬁts of a measure and consideration of precaution and prevention: (a) General considerations: (i) The nature, effects and mass of the releases concerned: techniques may vary depending on source size; The commissioning dates for new or existing installa­ tions; (ii) (iii) The time needed to introduce the best available tech­ nique; (iv) The consumption and nature of raw materials used in (v) the process and its energy efﬁciency; The need to prevent or reduce to a minimum the overall impact of the releases to the environment and the risks to it; (vi) The need to prevent accidents and to minimize their consequences for the environment; (vii) The need to ensure occupational health and safety at workplaces; (viii) Comparable processes, facilities or methods of oper­ ation which have been tried with success on an indus­ trial scale; (ix) Technological advances and changes in scientiﬁc know­ ledge and understanding.
(b) General release reduction measures: When considering pro­ posals to construct new facilities or signiﬁcantly modify exist­ ing facilities using processes that release chemicals listed in this Annex, priority consideration should be given to alterna­ tive processes, techniques or practices that have similar useful­ ness but which avoid the formation and release of such chem­ icals.
In cases where such facilities will be constructed or sig­ niﬁcantly modiﬁed, in addition to the prevention measures out­ lined in section A of Part V the following reduction measures could also be considered in determining best available tech­ niques: 270 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule D V—continued B.—continued (i) (ii) Use of improved methods for ﬂue­gas cleaning such as thermal or catalytic oxidation, dust precipitation, or adsorption; Treatment of residuals, wastewater, wastes and sewage sludge by, for example, thermal treatment or rendering them inert or chemical processes that detoxify them; (iii) Process changes that lead to the reduction or elimination of releses, such as moving to closed systems; (iv) Modiﬁcation of process designs to improve combustion and prevent formation of the chemicals listed in this An­ nex, through the control of parameters such as inciner­ ation temperature or residence time.
C—Best environmental practices The Conference of the Parties may develop guidance with regard to best environmental practices.

Annex D INFORMATION REQUIREMENTS AND SCREENING CRITERIA 1.
A Party submitting a proposal to list a chemical in Annexes A, B and/or C shall identify the chemical in the manner described in subparagraph (a) and provide the information on the chem­ ical, and its transformation products where relevant, relating to the screening criteria set out in subparagraphs (b) to (e): (a) Chemical identity: (i) Names, including trade name or names, com­ mercial name or names and synonyms, Chemical Abstracts Service (CAS) Registry number, Inter­ national Union of Pure and Applied Chemistry (IUPAC) name; and including speciﬁcation of isomers, Structure, where applicable, and the structure of the chem­ ical class; (ii) 271 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Persistence: (i) Evidence that the half­life of the chemical in water is greater than two months, or that its half­ life in soil is greater than six months, or that its half­life in sediment is greater than six months; or Evidence that the chemical is otherwise suf­ ﬁciently persistent to justify its consideration within the scope of this Convention; (ii) Bio­accumulation: (i) (ii) Evidence that the bio­concentration factor or bioaccumulation factor in aquatic species for the chemical is greater than 5,000 or, in the absence of such data, that the log Kow is greater than 5; Evidence that a chemical presents other reasons for concern, such as high bio­accumulation in other species, high toxicity or ecotoxicity; or (iii) Monitoring data in biota indicating that the is bioaccumulation potential
 of the chemical sufﬁcient to justify its consideration within the scope of this Convention; Potential for long­range environmental transport: (i) Measured levels of the chemical in locations dis­ tant from the sources of its release that are of po­ tential concern; (ii) Monitoring data showing that long­range envir­ onmental transport of the chemical, with the po­ tential for transfer to a receiving environment, may have occurred via air, water or migratory species; or (iii) Environmental fate properties and/or model re­ sults that demonstrate that the chemical has a potential for long­range environmental transport through air, water or migratory species, with the potential for transfer to a receiving environment in locations distant from the sources of its re­ lease.
For a chemical that migrates signiﬁcantly through the air, its halﬂife in air should be greater than two days; and Schedule D (b) (c) (d) 272 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule E (e) Adverse effects (i) Evidence of adverse effects to human health or to the environment that justiﬁes consideration of the chemical within the scope of this convention; or Toxicity or ecotoxicity data that indicate the po­ tential for damage to human health or to the en­ vironment.
(ii) 2.

3.

The proposing Party shall provide a statement of the reasons for concern including, where possible, a comparison of toxi­ city or ecotoxicity data with detected or predicted levels of a chemical resulting or anticipated from its long­range environ­ mental transport, and a short statement indicating the need for global control.
The proposing Party shall, to the extent possible and taking into account its capabilities, provide additional information to support the review of the proposal referred to in paragraph 6 of Article 8.

In developing such a proposal, a Party may draw on technical expertise from any source.
Annex E INFORMATION REQUIREMENTS FOR THE RISK PROFILE The purpose of the review is to evaluate whether the chemical is likely, as a result of its long­range environmental transport, to lead to signiﬁcant adverse human health and/or environmental effects, such that global action is warranted.
For this purpose, a risk proﬁle shall be developed that further elaborates on, and evaluates, the information referred to in Annex D and includes, as far as possible, the following types of information: (a) Production data, including quantity and location; Sources, including as appropriate: (i) (ii) Uses; and (iii) Releases, such as discharges, losses and emissions; 273 Schedule F Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 (c) (b) Hazard assessment for the endpoint or endpoints of concern, including a consideration of toxicological interactions involv­ ing multiple chemicals; Environmental fate, including data and information on the chemical and physical properties of a chemical as well as its persistence and how they are linked to its environmental transport, transfer within and between environmental com­ partments, degradation and transformation to other chemicals.
A determination of the bio­concentration factor or bio­accu­ mulation factor, based on measured values, shall be available, except when monitoring data are judged to meet this need; (d) Monitoring data; (e) Exposure in local areas and, in particular, as a result of long­range environmental transport, and including informa­ tion regarding bio­availability; (f) National and international risk evaluations, assessments or proﬁles and labelling infor­ mation and hazard classiﬁcations, as available; and Status of the chemical under international conventions.
(g) Annex F INFORMATION ON SOCIO­ECONOMIC CONSIDERATIONS An evaluation should be undertaken regarding possible control meas­ ures for chemicals under consideration for inclusion in this Conven­ tion, encompassing the full range of options, including management and elimination.

For this purpose, relevant information should be provided relating to socio­economic considerations associated with possible control measures to enable a decision to be taken by the Conference of the Parties.
Such information should reﬂect due re­ gard for the differing capabilities and conditions among the Parties and should include consideration of the following indicative list of items: (a) Efﬁcacy and efﬁciency of possible control measures in meet­ ing risk reduction goals: (i) (ii) Technical feasibility; and Costs, including environmental and health costs; 274 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 1 (b) Alternatives (products and processes): Technical feasibility; Costs, including environmental and health costs; (i) (ii) (iii) Efﬁcacy; (iv) Risk; (v) Availability; and (vi) Accessibility Positive and/or negative impacts on society of implementing possible control measures: (i) Health, including public, environmental and occupa­ tional health; (c) (ii) Agriculture, including aquaculture and forestry; (iii) Biota (biodiversity); (iv) Economic aspects; (v) Movement towards sustainable development; and (vi) Social costs; (d) Waste and disposal implications (in particular, obsolete stocks Technical feasibility; and Cost of pesticides and clean­up of contaminated sites): (i) (ii) Access to information and public education; Status of control and monitoring capacity (e) (f) (g) Any national or regional control actions taken, including in­ formation on alternatives, and other relevant risk management information.
Schedule 1AA was inserted, as from 23 December 2004, by section 18 Hazardous Sub­ stances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).

Schedule 1 Provisions relating to Environmental Risk Management Authority Section 18 Membership 1 Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
275 Schedule 1 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).


Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Remuneration and expenses of Authority members Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Meetings Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).


276 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 1 Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).


Disclosure of interest Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).


Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Execution of documents Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

277 26 27 28 29 30 31 32 Schedule 1 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Powers to borrow, etc Clauses 1 to 27 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Chief executive The Authority shall appoint a chief executive, who shall not be a member of the Authority, to be responsible for the efﬁcient and effective administration of the affairs of the Authority.
Clause 28 was amended, as from 25 January 2005, by section 200 Crown En­ tities Act 2004 (2004 No 115) by omitting the words “on such terms and con­ ditions as shall be determined by the Authority”.

Section 117 of the Crown Entities Act 2004 applies to the ap­ pointment of a chief executive under clause 28.

Clause 29 was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Appointment of staff Clauses 30 to 37 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Clauses 30 to 37 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Clause 32 was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

Clauses 30 to 37 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
278 33 34 35 36 37 38 39 40 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 1 Liability of members and employees Clauses 30 to 37 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Personnel policy Clauses 30 to 37 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Clauses 30 to 37 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).


Superannuation or retiring allowances Clauses 30 to 37 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Notwithstanding anything in this Act, a person who, immedi­ ately before becoming an employee of the Authority, is a con­ tributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 shall, for the purposes of that Act, be deemed to be em­ ployed in the Government service so long as that person con­ tinues to be an employee of the Authority; and that Act shall apply to that person in all respects as if that person’s service as an employee of the Authority is Government service.
Nothing in clause 38 of this Schedule entitles any person to become a contributor to the Government Superannuation Fund after that person has once ceased to be a contributor.
For the purposes of applying the Government Superannuation Fund Act 1956, in accordance with clause 38 of this Schedule, to an employee of the Authority who is a contributor to the 279 41 42 43 44 Schedule 1 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Government Superannuation Fund, the term controlling au­ thority, in relation to that employee, means the Authority.
Clauses 41 and 42 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Consultants, agents, etc Clauses 41 and 42 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

(1) The Authority may, from time to time, appoint a committee to hear and determine any application delegated to the committee under section 19 of this Act.
(3) (2) Any committee appointed under this clause may consist of— (a) Members of the Authority and other persons with par­ ticular knowledge and expertise on the subject matter of the application; or (b) Members of the Authority.

The majority of members of a committee appointed in accord­ ance with subclause (2)(a) of this clause shall be members of the Authority.

Subclause (3) applies despite clause 14(1)(b) of Schedule 5 of the Crown Entities Act 2004.
For the avoidance of doubt, except as provided in subclause (4), clauses 14 and 15 of Schedule 5 of the Crown Entities Act 2004 apply to a committee appointed for the purposes of this section.

Subclause (4) was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

(4) (5) Subclause (5) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Clauses 44 to 47 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

280 45 46 47 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 2 Funding Clauses 44 to 47 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Clauses 44 to 47 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Clause 47 was substituted, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10).

Clauses 44 to 47 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

1 Schedule 2 Prohibited new organisms ss 25(2), 50(1) to (4) Schedule 2 was substituted, as from 30 October 2003, by section 54 Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Any snake of any species whatever.


Any venomous reptile, venomous amphibian, venomous ﬁsh, (In this item, venomous means or venomous invertebrate.

capable of inﬂicting poisonous wounds harmful to human health.)

Any American grey squirrel (Sciurus carolinensis gmelini).

Any red squirrel (Sciurus vulgaris).

Any musquash (or muskrat) (Ondatra zibethica).

Any coypu or nutria (Myocastor coypus).

Any beaver (Castor canadensis).

Any gerbil (Meriones unguiculatus).

Any prairie dog (Cyonomys spp.).


Any pocket gopher (Geomys spp.

and Thomomys spp.).

Any red or silver fox (Vulpes vulpes).

Any Arctic fox (Alopex lagopus).

Any mongoose (family Herpestidae) other than Suricata suri­ catta.

Any member of the family Mustelidae, subfamily Mustelinae, other than ferrets (Mustela furo), weasels (Mustela nivalis), and stoats (Mustela erminea), and subfamily Lutrinae, other than oriental small clawed otter (Aonyx cineria).
281 Schedule 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Any mole (family Talpidae).

Any member of the family Esocidae (eg, pikes, muskellunge).

Any member of the families Phalangeridae and Petauridae, other than the Australian brushtail possum (Trichosurus vulpecula).

Any stickleback (Gasterosteus spp.).

Any giant African snail (Achatina spp.).

Any predatory snail (Euglandina rosea).

Any cane toad (Bufo marinus).

Negro root (Cassia occidentalis).


Skeleton weed (Chondrilla juncea).

Cymbopogon schoenanthus.

Cynanchum (all species), eg, Indian swallowart.

Hairy thorn apple (Datura metel).

Ephedra sinica.

Leafy spurge (Euphorbia esula).

Star of Bethlehem, Pua­hoku (Hippobroma longiﬂora).

Poverty weed (Iva axillaris).

Any member of the family Loranthaceae (eg mistletoe), other than Alepis ﬂavida, Lleostylus micranthus, Peraxilla colensoi, Peraxilla tetrapetala, Trilepidea adamsii, and Tupeia antarc­ tica.
Any member of the genus Korthalsella other than Ko­ rthalsella clavata, Korthalsella lindsayi, and Korthalsella salicornioides.

Butterbur (Petasites hybridus).

33 34 Witchweed (all species) (Striga).

35 36 37 Strychnine (Strychnos nux­vomica).

Tourrettia volubilis.

Puncture vine (Tribulus terrestris).
26 27 28 29 30 31 32 282 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 2A Schedule 2A Persistent organic pollutants s 2(1) Substance Use or storage Manu­ facture Expiry of permitted use or storage Aldrin CAS No: 309­00­2 Chlordane CAS No: 57­74­9 Dieldrin CAS No: 60­57­1 Endrin CAS No: 72­20­8 Heptachlor CAS No: 76­44­8 Hexachlorobenzene CAS No: 118­74­1 Mirex CAS No: 2385­85­5 Toxaphene CAS No: 8001­35­2 Polychlorinated Biphenyls (PCB) In accordance with an exemption— (a) granted under regulation 49I or regulation 49J of the Toxic Substances Regulations 1983; and At the expiry of— (a) the exemption; or 283 Schedule 3 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Substance Use or storage Manu­ facture (b) that is in force immediately before the commencement of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Expiry of permitted use or storage (b) an extension of the expiry of the exemption (being not later than the close of 2016) granted by the Authority DDT (1,1,1­ trichloro­2,2­bis(4­ chlorophenyl)ethane) CAS No: 50­29­3 Schedule 2A was inserted, as from 23 December 2004, by section 19 Hazardous Sub­ stances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
Schedule 3 Sections 32(2), 42(2), 45(2) 1 Matters to be addressed by containment controls for importing, developing or ﬁeld testing of genetically modiﬁed organisms The heading to Part 1 was amended, as from 2 July 2001, by section 41 Haz­ ardous Substances and New Organisms Amendment Act 2000 (2000 No 89), by substituting the words “importing, developing, or ﬁeld testing” for the words “Development and Field Testing of”.
See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
To limit the likelihood of any accidental release of any organ­ ism or any viable genetic material, the controls imposed by an approval shall specify— (a) Requirements for treatment and decontamination to prevent escape by way of expelled air, discharge of 1 284 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 3 1—continued (b) (c) (d) (e) (f) (g) water or liquid waste, removal of solid waste or goods, or breaches in facility boundary: Equipment and requirements for facility construction to enable the requirements for treatment and decontamina­ tion to be readily met: Requirements to be complied with for the access of per­ sons to the facility: Procedures and requirements for transport, identiﬁca­ tion, and packaging for all biological material to and from the facility and within the facility: Requirements for the disposal of any biological mater­ ial: Requirements for facility construction: Requirements to secure the facility and openings, in­ cluding securing against failure in the event of foresee­ able hazards.
To exclude unauthorised people from the facility, the controls imposed by an approval shall specify— (a) Means of identiﬁcation of all entrances to the facility: (b) (c) The numbers of entrances and access to the facility: Security requirements for the entrances and the facility.
To exclude other organisms from the facility and to control undesirable and unwanted organisms within the facility, the controls shall specify— (a) Monitoring requirements to establish the presence of (b) (c) other organisms: Phytosanitary requirements: Requirements to secure the facility and openings against likely unwanted organisms.
To prevent unintended release of the organism by exper­ imenters working with the organism, the controls shall specify— (a) Requirements to prevent the contamination of work sur­ faces, equipment, clothing, and the facility generally: 285 6A Schedule 3 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 1—continued (b) Requirements for laboratory practice to control infec­ tion by ingestion or breaks in skin cover: (c) Means to control infection by inhalation.
(b) To control the effects of any accidental release or escape of an organism— (a) Controls imposed by an approval shall specify an eradi­ cation plan for escaped organisms: Controls imposed by an approval may specify require­ ments to limit the likelihood of an escaped organism spreading, surviving and breeding, including, but not limited to,— (i) (ii) Exclusion zones (spatial or temporal): Location of the facility outside the usual habitat range of the organism.
Controls imposed by an approval shall specify inspection and monitoring requirements for containment facilities, including any inspection required before commencement of the devel­ opment.

Clause 6 was amended, as from 28 May 2002, by section 11(1) Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amend­ ment Act 2002 (2002 No 13) by omitting the words “or ﬁeld testing”.
See section 10 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13) for the transitional provision.
Controls imposed on an approval to ﬁeld test a genetically modiﬁed organism— (a) must specify— (i) (ii) inspection and monitoring of containment facil­ ities during the ﬁeld test; and inspection and monitoring of the site, after the ﬁeld test, to ensure that all heritable material is removed or destroyed; and (b) may specify inspection of the site before ﬁeld testing commences.
Clauses 6A and 6B were inserted, as from 28 May 2002, by section 11(2) Haz­ ardous Substances and New Organisms (Genetically Modiﬁed Organisms) 286 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 3 1—continued Amendment Act 2002 (2002 No 13).

See section 10 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13) for the transitional provision.
Clause 6A applies, with all necessary modiﬁcations, to con­ trols imposed on an approval to develop a new organism that is a genetically modiﬁed organism, to the extent that the de­ velopment does not take place in a containment structure.

Clauses 6A and 6B were inserted, as from 28 May 2002, by section 11(2) Haz­ ardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13).
See section 10 Hazardous Substances and New Organisms (Genetically Modiﬁed Organisms) Amendment Act 2002 (2002 No 13) for the transitional provision.

Controls imposed by an approval may specify— (a) The qualiﬁcations required of the person responsible for implementing the controls imposed by an approval: The provision of a management plan specifying proced­ ures for implementing controls imposed by an approval.
(b) 2 Matters to be addressed by containment controls for new organisms excluding genetically modiﬁed organisms 6B 7 1 To limit the likelihood of any accidental release of any organ­ ism or any viable genetic material, the controls imposed by an approval shall specify— (a) Requirements for treatment and decontamination to prevent escape by way of expelled air, discharge of water or liquid waste, removal of solid waste, or breaches in facility boundary: Equipment and requirements for facility construction to enable the requirements for treatment and decontamina­ tion to be readily met: Requirements to be complied with for the access of per­ sons to the facility: (b) (c) 287 Schedule 3 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 2—continued (d) (e) (f) (g) Procedures and requirements for transport, identiﬁca­ tion, and packaging for all biological material to and from the facility and within the facility: Requirements for the disposal of any biological mater­ ial: Requirements for facility construction: Requirements to secure the facility and openings, in­ cluding securing against failure in the event of foresee­ able hazards.
To exclude unauthorised people from the facility, the controls imposed by an approval shall specify— (a) Means of identiﬁcation of all entrances to the facility: (b) (c) The numbers of entrances and access to the facility: Security requirements for the entrances and the facility.
(b) To control the effects of any accidental release or escape of an organism— (a) Controls imposed by an approval shall specify an eradi­ cation plan for escaped organisms: Controls imposed by an approval may specify require­ ments to limit the likelihood of an escaped organism spreading, surviving, and breeding, including, but not limited to,— (i) (ii) Exclusion zones (spatial or temporal): Location of the facility outside the usual habitat range of the organism.
Controls imposed by an approval shall specify inspection and monitoring requirements for containment facilities.

Controls imposed by an approval may specify the qualiﬁca­ tions required of the person responsible for implementing those controls.
288 2 3 4 5 1 2 3 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 3 3 Matters to be addressed by containment controls for contained hazardous substances (b) To limit the likelihood of escape of any contained hazardous substances or contamination of the facility by hazardous sub­ stances, the controls imposed by an approval shall specify— Requirements for treatment and decontamination to (a) prevent escape by way of expelled air, discharge of water or liquid waste, removal of solid waste, or breaches in facility boundary: Equipment and requirements for facility construction to enable the requirements for treatment and decontamina­ tion to be readily met: Requirements to be complied with for the access of per­ sons to the facility: Procedures and requirements for transport, identiﬁca­ tion, and packaging of the substance to and from the facility and within the facility: Requirements for the disposal of any hazardous sub­ stance: Requirements for facility construction: Requirements to secure the facility and openings, in­ cluding securing against failure in the event of foresee­ able hazards.
(f) (g) (d) (c) (e) To exclude organisms from a facility or to control organisms within a facility, the controls shall specify— (a) (b) Phytosanitary requirements: Requirements to secure the facility and openings against likely unwanted organisms: (c) Monitoring requirements to establish the presence of organisms.
To exclude unauthorised people from the facility, controls im­ posed by an approval shall specify— (a) Means of identiﬁcation of all entrances to the facility: (b) (c) The numbers of entrances and access to the facility: Security requirements for the entrance and the facility.
289 Schedule 3 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 3—continued To prevent unintended release of the substance by exper­ imenters working with the substance, the controls shall specify— (a) Requirements to prevent the contamination of work sur­ faces, equipment, clothing, and the facility generally: Procedures to ensure that no person in the facility is exposed to a sufﬁcient level of the substance to cause harm to that person.
(b) To control the effects of any accidental release of the sub­ stance, controls imposed by an approval shall specify— (a) Procedures to recover and dispose of any hazardous substance: Procedures to minimise the effects of such a release on people and the environment.

(b) Controls imposed by an approval shall specify inspection and monitoring requirements for containment facilities.
4 5 6 7 Controls imposed by an approval may specify— (a) The qualiﬁcations required of the person responsible for implementing the controls imposed by an approval: The provisions of a management plan specifying pro­ cedures for implementing controls imposed by an ap­ proval.
(b) 290 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 4 Enactments amended Enactment Amendment Schedule 4 Section 149 1952, No 49—The Shipping and Seaman Act 1952 (RS Vol 4, p 275) 1956, No 65—The Health Act 1956 (RS Vol 31, p 467) By inserting, after subsection (3) of section 298 (as substituted by section 14 of the Ship­ ping and Seamen Amendment Act 1987), the following subsection: “(3A) The Minister, before recommending the making of any regulations relat­ ing to dangerous goods, shall consult with the Environmental Risk Manage­ ment Authority established under the Hazardous Substances and New Or­ ganisms Act 1996 about the contents of any such regulations, and shall take into account any submissions made by that Authority.
By adding to section 122 the following sub­ section: “(6) The Minister, before recommending the making of any regulations under section 117 or section 119 of this Act relating to hazardous substances (as deﬁned in section 2 of the Hazardous Substances and New Organisms Act 1996), shall consult with the Envir­ onmental Risk Management Author­ ity established under that Act about the contents of any such regulations, and shall take into account any sub­ missions made by the Authority.
291 Schedule 4 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Enactment Amendment 1960, No 33—The Fertilisers Act 1960 By repealing the deﬁnition of the term Agri­ cultural chemical in section 2(1).
By inserting in section 2(1), after the deﬁn­ ition of the term Analyst, the following def­ inition: “Authority means the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 By inserting in section 2(1), after the deﬁn­ ition of the term Percentage, the following deﬁnition: “Pesticide has the same meaning as in Part XII of the Hazardous Substances and New Organisms Act 1996 By omitting, from section 8(e),— (a) The words “Agricultural Chemicals Board”, and substituting the word “Authority”; and The words “agricultural chemical”, and substituting the word “pesticide”.
(b) By omitting, from section 9(c),— (a) The words “Agricultural Chemicals Board”, and substituting the word “Authority”, and The words “agricultural chemical”, and substituting the word “pesticide”.

(b) By repealing section 11.

By omitting, from section 14(5), the words “agricultural chemical”, and substituting the word “pesticide”.

By omitting, from section 14(6), the words “agricultural chemical”, and substituting the word “pesticide”.
292 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 4 Enactment Amendment 1962, No 135—The Transport Act 1962 (RS Vol 16, p 659) By omitting, from section 19, the words “agricultural chemical”, and substituting the word “pesticide”.

By omitting, from section 20(1), the words “agricultural chemical”, and substituting the word “pesticide”.

the By omitting, from section 20(2)(aa), words “agricultural chemical”, and substi­ tuting the word “pesticide”.
the By omitting, words “agricultural chemical”, and substi­ tuting the word “pesticide”.

By omitting, from section 20, subsection (3).
from section 20(2)(c), By repealing the deﬁnition of the term ex­ plosive in section 2 (as substituted by section 2(1) of the Transport Amendment Act 1972), and substituting the following deﬁnition: “Explosive means any hazardous substance (as deﬁned in section 2 of the Hazardous Substances and New Organisms Act 1996) with explosive properties By repealing the deﬁnition of the term ﬂammable liquid in section 2 (as inserted by section 2(2) of the Transport Amendment Act 1987), and substituting the following deﬁnition: “Flammable liquid means any hazardous substance (as deﬁned in section 2 of the Haz­ ardous Substances and New Organisms Act 1996) in liquid form with ﬂammable proper­ ties; and includes motor spirits By inserting in section 79 (as substituted by section 20(1) of the Transport Amendment Act 1989), after subsection (4A) (as inserted 293 Schedule 4 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Enactment Amendment by section 35(1) of the Land Transport Act 1993), the following subsections: “(4B) No person may issue any certiﬁcate of ﬁtness or approve any alternative certiﬁcation system for any vehicle designed to carry any hazardous sub­ stance (as deﬁned in section 2 of the Hazardous Substances and New Or­ ganisms Act 1996) unless there is in force in respect of that vehicle a test certiﬁcate for the carriage of haz­ ardous goods current for a time no less than the time that the certiﬁcate of ﬁtness or approval will remain in force.
“(4C) In subsection (4B) of this section, a test certiﬁcate for the carriage of haz­ ardous goods means a test certiﬁcate issued in accordance with regulations in force under the Hazardous Sub­ stances and New Organisms Act 1996 certifying that a vehicle designed to carry a hazardous substance is ﬁt for that purpose.
By adding to section 199 the following sub­ sections: “(8) The Minister, before recommend­ ing the making of any regulations under this section, shall consult with the Environmental Risk Management Authority established under the Haz­ ardous Substances and New Organ­ isms Act 1996 about the contents of any such regulations which relate to the transportation of hazardous sub­ stances or new organisms, and shall 294 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 4 Enactment Amendment 1965, No 23—The Radiation Protection Act 1965 (RS Vol 18, p 673) 1967, No 51—The Animal Remedies Act 1967 (RS Vol 21, p 11) “(9) take into account any submissions made by that Authority.
In subsection (8) of this section, haz­ ardous substances and new organ­ isms shall have the same meanings as in section 2 of the Hazardous Sub­ stances and New Organisms Act 1996.
By inserting in section 12, after subsection (2), the following subsection: “(2A) Written notice of any conditions im­ posed in accordance with subsection (2) of this section on any radioactive material which is also a hazardous substance (as deﬁned in section 2 of the Hazardous Substances and New Organisms Act 1996) shall be given to the Environmental Risk Management Authority established under that Act.

By omitting from section 21(2)(d) the words “public health”.

By repealing section 36(1)(h).


By adding to section 37 the following sub­ section: “(3) Nothing in this section shall apply to any animal remedy which is also a hazardous substance as deﬁned in sec­ tion 2 of the Hazardous Substances and New Organisms Act 1996.
By adding to section 65 the following sub­ section: “(2) The Minister, before recommending the making of any regulations under 295 Schedule 4 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Enactment Amendment paragraph (ma) or paragraph (o) of subsection (1) of this section in re­ spect of any biochemical substance or animal remedy which is also a haz­ ardous substance or new organism (as deﬁned in section 2 of the Hazardous Substances and New Organisms Act 1996), shall consult with the Envir­ onmental Risk Management Author­ ity established under that Act about the contents of any such regulations, and shall take into account any sub­ missions made by that Authority.
By inserting in section 66, after the words “Animals Act 1967”, the words “the Haz­ ardous Substances and New Organisms Act 1996,”.

By omitting from Part 2 of Schedule 1 (as amended by section 362 of the Resource Management Act 1991) the words “The Haz­ ards Control Commission”.

By omitting from Part 2 of Schedule 1 (as amended by section 24(4) of the Ofﬁcial Information Amendment Act 1987) the words “The Pesticides Board”.
1975, No 9—The Ombudsmen Act 1975 (RS Vol 21, p 657) 296 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 4 Enactment Amendment 1975, No 42—The Fire Service Act 1975 (RS Vol 27, p 11) By repealing the deﬁnition of the term haz­ ardous substance in section 2, and substi­ tuting the following deﬁnition: “Hazardous substance means— “(a) Any hazardous substance as deﬁned in section 2 of the Hazardous Substances and New Organisms Act 1996; and “(b) Any infectious or radioactive sub­ stance that may impair human, ani­ mal, or plant health: By inserting in section 21(1), after the words “Building Research Association of New the words “the Environmental Zealand”, Risk Management Authority,”: By inserting in section 21(4), after the ex­ pression “subsection (3) of this section,”, the expression “but subject to subsection (5) of this section,”.
By adding, to section 21, the following sub­ section: “(5) The Commission, before making any recommendation under subsection (4) of this section that relates to a haz­ ardous substance, shall consult with the Environmental Risk Management Authority established under the Haz­ ardous Substances and New Organ­ isms Act 1996 about the contents of such recommendation.
By omitting from section 28(3B) (as en­ acted by section 21(1) of the Fire Service Amendment Act 1990) the words “Inspector of Dangerous Goods under the Dangerous Goods Act 1974 and an ofﬁcer under the Toxic Substances Act 1979”, and substitut­ ing the words “enforcement ofﬁcer under the 297 Schedule 4 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Enactment Amendment Hazardous Substances and New Organisms Act 1996”.
By omitting from the said section 28(3B) (as so enacted) the words “Inspector of Dan­ gerous Goods or an ofﬁcer under the Toxic Substances Act 1979”, and substituting the words “such an enforcement ofﬁcer”.

By omitting item 15 in Schedule 3 (as sub­ stituted by section 34(3) of the Fire Service Amendment Act 1990), and substituting the following item: “15 Any hazardous substance (as deﬁned in section 2 of the Haz­ ardous Substances and New Or­ ganisms Act 1996): By repealing section 38.
By inserting in section 42, after subsection (2), the following subsection: “(2A) The Minister, before recommending the making of any regulation under subsection (1) of this section or be­ fore giving notice in the Gazette in ac­ cordance with subsection (2) of this section, shall consult with the Envir­ onmental Risk Management Author­ ity established under the Hazardous Substances and New Organisms Act 1996 about the contents of any such regulations or notice relating to the ap­ 1975, No 116—The Misuse of Drugs Act 1975 (RS Vol 26, p 567) 1981, No 45—The Food Act 1981 298 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 4 Enactment Amendment pearance in food of any substance with toxic properties.
1981, No 118—The Medicines Act 1981 By inserting in section 20, after subsection (6), the following subsection: “(6A) The Minister, after having given con­ sent or provisional consent to the distribution of any medicine in ac­ cordance with this Act, shall give written notiﬁcation to the Environ­ mental Risk Management Authority established under the Hazardous Sub­ stances and New Organisms Act 1996 of the consent or provisional consent and any condition attached to that consent.
By repealing section 110, and substituting the following section: “110 Relationship with Hazardous Substances and New Organisms Act 1996 “(2) “(1) Subject to subsection (2) of this sec­ tion, nothing in this Act shall affect or derogate from the Hazardous Sub­ stances and New Organisms Act 1996.
In the event of any inconsistency be­ tween the provisions of the Hazardous Substances and New Organisms Act 1996 and the provisions of this Act, or between the provisions of any regula­ tions made under that Act and the pro­ visions of any regulations made under this Act, in the case of a medicine that is also a hazardous substance within the meaning of that Act, the provisions 299 Schedule 4 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Enactment Amendment of this Act and of the regulations made under this Act shall prevail.
1982, No 134—The Fertilisers Act 1982 By inserting in section 2, after the deﬁnition of the term Analyst, the following deﬁnition: “Authority means the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 By repealing the deﬁnition of the term pes­ ticide in section 2, and substituting the fol­ lowing deﬁnition: “Pesticide has the same meaning as in Part XII of the Hazardous Substances and New Organisms Act 1996 By repealing the deﬁnition of the term Pesti­ cides Board in section 2.
By omitting from section 5(1)(c) the words “Pesticides Board”, and substituting the word “Authority”.

By omitting from section 6(1)(b) the words “Pesticides Board”, and substituting the word “Authority”.

1982, No 156—The Ofﬁcial Information Act 1982 (RS Vol 21, p 579) By omitting from Schedule 1 (as amended by section 362 of the Resource Management Act 1991) the words “Hazards Control Commission”.
300 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 4 Enactment Amendment 1983, No 14—The Fisheries Act 1983 (RS Vol 27, p 137) 1983, No 44—The Arms Act 1983 By repealing section 98 (as substituted by section 27(1) of the Fisheries Amendment Act 1986), and substituting the following section: “98 Using hazardous substances to catch or destroy ﬁsh “(1) Every person commits an offence who, for the purpose of taking or de­ stroying any ﬁsh, uses in any water any hazardous substance, narcotic substance, or any electric ﬁshing de­ vice.
“(2) Subsection (1) of this section shall not apply to actions taken by a Fishery Ofﬁcer or any other person authorised in writing by the Director­General.

In this section, the term hazardous substance has the same meaning as in section 2 of the Hazardous Substances and New Organisms Act 1996.
“(3) By repealing paragraph (d) of the deﬁnition of the term explosive in section 2, and sub­ stituting the following paragraph: “(d) Does not include any ﬁrework as de­ ﬁned in section 2 of the Hazardous Substances and New Organisms Act 1996: 301 Schedule 4 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Enactment Amendment 1986, No 127—The Environment Act 1986 1987, No 65—The Conservation Act 1987 302 By repealing the deﬁnition of the term haz­ ardous substance (as substituted by section 362 of the Resource Management Act 1991), and substituting the following deﬁnition: “Hazardous substance means any sub­ stance which may impair human, plant, or animal health or may adversely affect the health or safety of any person or the environ­ ment, whether or not contained in or forming part of any other substance or thing By inserting in the Schedule, in its appropri­ ate alphabetical order, the following item: “The Hazardous Substances and New Organ­ isms Act 1996.
By repealing section 26ZR (as inserted by section 17 of the Conservation Law Reform Act 1990), and substituting the following section: “26ZR Using hazardous substances to catch or destroy ﬁsh “(1) Every person commits an offence who, for the purpose of taking or de­ stroying any freshwater ﬁsh, uses in any water any hazardous substance, narcotic substance, or any electric ﬁshing device.
“(2) Subsection (1) of this section shall not apply to actions taken by a warranted ofﬁcer or any person authorised in writing by the Director­General.

In this section, the term hazardous substance has the same meaning as in “(3) Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 4 Enactment Amendment section 2 of the Hazardous Substances and New Organisms Act 1996.

By repealing section 2(2).


1987, No 96—The Transport Amendment Act 1987 1990, No 28—The Defence Act 1990 By repealing section 101(1)(e), and substi­ 1990, No 50—The Ozone Layer Protection Act 1990 1990, No 98—The Civil Aviation Act 1990 tuting the following paragraph: “(e) Controlling the packing, marking, handling, carriage, storage, and use in defence areas of hazardous sub­ stances as deﬁned in section 2 of the Hazardous Substances and New Or­ ganisms Act 1996: By repealing section 39.
By adding to section 34(1)(c) the word “; and”.

By adding to section 34(1) the following paragraph: “(d) Consult with the Environmental Risk Management Authority, established under the Hazardous Substances and New Organisms Act 1996, about the contents of any rules which relate to the transportation of hazardous sub­ stances as deﬁned in section 2 of that Act.
303 Schedule 4 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Enactment Amendment 1990, No 136—The Fire Service Amendment Act 1990 1991, No 69—The Resource Management Act 1991 (RS Vol 32, p 131) By repealing section 34(3).

By repealing section 1(3).


By inserting, after the deﬁnition of the term Government road in section 2(1), the fol­ lowing deﬁnition: “Hazardous substance includes, but is not limited to, any substance deﬁned in section 2 of the Hazardous Substances and New Or­ ganisms Act 1996 as a hazardous substance By repealing Part 13 (sections 344 to 351).

By repealing Schedule 5.


By repealing so much of Part 1 of Schedule 8 as relates to the Ombudsmen Act 1975, the Ofﬁcial Information Act 1982, and the deﬁnition of the term hazardous substance in section 2 of the Environment Act 1986.
1991, No 150—The Building Act 1991 304 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 4 Enactment Amendment 1992, No 96—The Health and Safety in Employment Act 1992 1992, No 124—The Gas Act 1992 By adding to section 20(12) the words “, including the Environmental Risk Manage­ ment Authority established under the Haz­ ardous Substances and New Organisms Act 1996”.
By adding to section 21 the following sub­ section: “(3) The Minister, before recommending the making of any regulations relat­ ing to hazardous substances or new or­ ganisms, shall consult with the Envir­ onmental Risk Management Author­ ity established under the Hazardous Substances and New Organisms Act 1996 about the contents of such regu­ lations, and shall take into account any submissions made by that Authority.
By adding to section 37 the following sub­ section: “(4) The Secretary may issue any code of practice, issued in accordance with the Hazardous Substances and New Or­ ganisms Act 1996, as a gas code of practice under this Act.
By adding to section 54 the following sub­ section: “(6) The Minister, before recommend­ ing the making of any regulations under this section, shall consult with the Environmental Risk Management Authority established under the Haz­ ardous Substances and New Organ­ isms Act 1996 about the contents of such regulations and shall take into 305 Schedule 4 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Enactment Amendment account any submissions made by that Authority.
1993, No 88—The Land Transport Act 1993 By adding to section 10(1)(c) the word “; and”.

By adding to section 10(1) the following paragraph: “(d) Consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 about the contents of any rules relating to the transportation of hazardous sub­ stances (as deﬁned in section 2 of that Act), and take into account any sub­ missions made by that Authority.
1993, No 95—The Biosecurity Act 1993 An item relating to the Biosecurity Act 1993 was repealed, as from 26 November 1997, by section 127(1)(a) Biosecurity Amendment Act 1997 (1997 No 89).

Items relating to the Building Act 1991 were repealed, as from 2 July 2001, by section 42 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).
An item relating to section 62(1)(ha) Resource Management Act 1991 was omitted, as from 1 August 2003, by section 103 Resource Management Amendment Act 2003 (2003 No 23).

See sections 109 to 113 of that Act as to the transitional and savings provisions.
306 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 5 Enactments repealed Schedule 5 Section 150(1) 1957, No 19— The Explosives Act 1957 (RS Vol 6, p 361) 1958, No 66— The Explosives Amendment Act 1958 (RS Vol 6, p 398) 1962, No 65— The Explosives Amendment Act 1962 (RS Vol 6, p 399) 1967, No 50— The Animals Act 1967: Sections 13, 14, 15, 16, and 21 (RS Vol 21, p 73) 1970, No 137— The Age of Majority Act 1970: So much of Schedule 1 as relates to the Explosives Act 1957 (RS Vol 21, p 1) 1970, No 151— The Plants Act 1970: Sections 5, 7, and 10(a) (RS Vol 21, p 735) 1973, No 45— The Explosives Amendment Act 1973 (RS Vol 6, p 399) 1974, No 26— The Dangerous Goods Act 1974 (RS Vol 24, p 241) 1975, No 75— The Explosives Amendment Act 1975 (RS Vol 6, p 399) 1978, No 16— The Dangerous Goods Amendment Act 1978 (RS Vol 24, p 275) 1978, No 17— The Explosives Amendment Act 1978 (RS Vol 6, p 400) 1979, No 26— The Pesticides Act 1979 1979, No 27— The Toxic Substances Act 1979 1979, No 83— The Dangerous Goods Amendment Act 1979 (RS Vol 24, p 276) 307 Schedule 5 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 1982, No 134— The Fertilisers Act 1982: Section 25(3), (4), and (5) 1983, No 67— The Dangerous Goods Amendment Act 1983 (RS Vol 24, p 277) 1983, No 71— The Explosives Amendment Act 1983 1983, No 98— The Toxic Substances Amendment Act 1983 1985, No 2— The Explosives (Fireworks Safety) Amendment Act 1985 1986, No 111— 1986, No 127— The Toxic Substances
 Amendment Act 1983 The Environment Act 1986: So much of the Schedule as relates to the Animals Act 1967, the Plants Act 1970, the Dangerous Goods Act 1974, the Pesticides Act 1979, and the Toxic Substances Act 1979 1987, No 8— The Ofﬁcial Information Amendment Act 1987: So much of Schedule 3 as relates to the Pesticides Act 1979 and the Toxic Substances Act 1979 (RS Vol 21, p 652) 1987, No 10— The Health Amendment Act 1987: So much of Schedule 1 as relates to the Toxic Substances Act 1979 (RS Vol 31, p 580)
 1987, No 16— The Pesticides Amendment Act 1987 1987, No 44— The Pesticides Amendment Act (No 2) 1987 1988, No 215— The Toxic Substances Amendment Act 1988 1989, No 84— The Dangerous Goods Amendment Act 1989 1989, No 85— The Explosives Amendment Act 1989 308 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 5 1990, No 53— The Ministry of Agriculture and Fisheries Amendment Act 1990: Section 2(4)(g) 1990, No 108— The Smoke­free Environments Act 1990: Section 41(1) to (4) 1991, No 60— The Judicature Amendment Act 1991: So much of the Schedule as relates to the Pesticides Act 1979 and the Toxic Substances Act 1989 1991, No 150— The Building Act 1991: So much of Schedule 4 as relates to the Explosives Act 1957, the Dangerous Goods Act 1974, and the Toxic Substances Act 1979 1992, No 47— The Crown Research Institutes Act 1992: So much of Schedule 1 as relates to the Pesticides Act 1979 and the Toxic Substances Act 1979 1992, No 96— The Health and Safety in Employment Act 1992: Section 62(5) 1993, No 23— The Health Reforms (Transitional Provisions) Act 1993: So much of Schedule 4 as relates to the Toxic Substances Act 1979 1994, No 144— The Explosives (Skyrockets Restriction) Amendment Act 1994 Hazardous Substances and New Organisms 2000 No 63— Explosives Amendment Act 2000 The item relating to the Explosives Amendment Act 2000 (2000 No 63) was inserted, as from 15 November 2000, by section 4 Explosives Amendment Act 2000 (2000 No
 63).
309 Schedule 6 Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Schedule 6 Regulations and orders revoked Section 150(2) Title Statutory Regulations Serial Number The Dangerous Goods Regulations 1958..... 1958/76 The Dangerous Goods Regulations 1958, Amendment No 1 .........................................

The Dangerous Goods Regulations 1958, Amendment No 3 .........................................
The Dangerous Goods Regulations 1958, Amendment No 4 .........................................

The Dangerous Goods Regulations 1958, Amendment No 5 .........................................

The Dangerous Goods Regulations 1958, Amendment No 6 .........................................

The Dangerous Goods (Licensing Fees) Regulations 1976: Regulation 8(1) ..............

The Dangerous Goods (Labelling) Regula­ tions 1978: Regulation 10 ............................
The Dangerous Goods Amendment Act Commencement Order 1979 ........................
The Dangerous Goods (Class 2—Gases) Regulations 1980: Regulation 141............... 1961/149 1967/109 1969/47 1970/255 1974/80 1976/189 1978/305 1979/47 1980/46 The Dangerous Goods Order 1983 .............. 1983/127 Dangerous (Class The 4—Flammable Substances Solids and Class 5—Oxidising Substances) Regu­ lations 1985: Regulation 40 ......................... Goods or 1985/170 310 Reprinted as at 1 August 2008 Hazardous Substances and New Organisms Act 1996 Schedule 7 Title Dangerous (Class The 3—Flammable Regulations 1985: Regulation 204...................................
Liquids) Goods Statutory Regulations Serial Number 1985/188 The Dangerous Goods Order 1987 .............. 1987/74 The Biosecurity (Transition) Regulations 1995: So much of regulation 2(1) as relates to section 173(2)(a)(i), (iii) and (iv) of the Biosecurity Act 1993.................................... 1995/106 An item relating to the Hamster Importation and Control Regulations 1972 was repealed, as from 26 November 1997, by section 127(1)(b) Biosecurity Amendment Act 1997 (1997 No 89).
Schedule 7 List of substances relevant to transitional provisions [Expired] Class 6 of Part D of Schedule 7 was amended, as from 2 July 2001, by section 43 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89) by substituting the deﬁnitions “safety cartridge”, “safety fuse” and “con­ taining its own means of ignition” for the words “Division 3: Any ammunition which contains its own means of ignition and is not included in division 1”.
See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

Schedule 7 expired, as from the close of 1 July 2006, pursuant to section 152(1)(b) of this Act.

See clause 3 Hazardous Substances and New Organisms (Extension of Transitional Provisions) Order 2004 (SR 2004/41).
311 Notes Hazardous Substances and New Organisms Act 1996 Reprinted as at 1 August 2008 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Hazardous Substances and New It incorporates all the amendments Organisms Act 1996. to the Hazardous Substances and New Organisms Act 1996 as at 1 August 2008.
The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.
For more information about ofﬁcialisation, please see “Making online legislation ofﬁcial” under “Status of legislation on this site” in the About section of this website.

List of amendments incorporated in this eprint (most recent ﬁrst) Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1) Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22) Hazardous Substances and New Organisms Amendment Act 2007 (2007 No 61) Notes 1 2 3 312