Hazardous Substances and New Organisms Amendment Act 2015

1: Title
This Act is the Hazardous Substances and New Organisms Amendment Act 2015.
2: Commencement
1: Sections 4(7), (8), (10), and (11) 8 9(4) 12 13 15 35 36 43(2) 49 52
2: The following provisions also come into force on the day after the date on which this Act receives the Royal assent:
a: section 4(1)
b: section 24 sections 76A(d), (f), (g), and (h) 76B 76C 76D
c: sections 6 53 Schedule 7 Schedule 1
d: section 54 Schedule 2
3: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates and appointing different dates for different purposes.
4: Any provision that has not earlier been brought into force comes into force on 1 January 2018. Section 2(3) brought into force 1 July 2016 Hazardous Substances and New Organisms Amendment Act 2015 Commencement Order 2016 Section 2(3) come into force 1 December 2017 Hazardous Substances and New Organisms Amendment Act 2015 Commencement Order 2017
3: Principal Act
This Act amends the Hazardous Substances and New Organisms Act 1996 principal Act 2015-09-05 Hazardous Substances and New Organisms Act 1996 Sections 4(7), (8), (10), and (11), 8, 9(4), 12, 13, 15, 35, 36, 43(2), 49, and 52 (see s 2(1)). Sections 4(1), 6, 24, 53, 54 re certain items (see s 2(2)). OIC LI 2016/110 2016-07-01 Hazardous Substances and New Organisms Act 1996 Section 10 only. See s 2(3) & LI 2016/110/2. OIC LI 2017/232 2017-12-01 Hazardous Substances and New Organisms Act 1996 Rest of the Act. See s 2(3).
4: Section 2 amended (Interpretation)
1: In section 2(1) classification control content control
a: specifies the allowable limits for the content of any—
i: substance contained in any substance or product; or
ii: element or compound that makes up any substance contained in any substance or product; or
b: specifies the allowable limits for the properties of any substance or product; or
c: prohibits the presence of any—
i: substance contained in any substance or product; or
ii: element or compound that makes up any substance contained in any substance or product document ecotoxic control EPA control
a: means any control imposed by the Authority under this Act for the purpose of controlling the adverse effects of hazardous substances on people or on the environment; and
b: includes, but is not limited to, classification controls, content controls, disposal controls, and ecotoxic controls EPA notice Gazette section 76C gases under pressure
a: a compressed gas; or
b: a liquefied gas; or
c: a refrigerated liquefied gas; or
d: a dissolved gas workplace section 20 Health and Safety at Work Act 2015
2: In section 2(1) container
3: In section 2(1) controls regulations, rules, codes, or other documents regulations, rules, EPA notices, codes, or other instruments or documents
4: In section 2(1) exposure limit , a tolerable exposure limit, or a workplace exposure standard or a tolerable exposure limit
5: In section 2(1) hazardous substance regulations or an EPA notice
6: In section 2(1) landfill
7: In section 2(1) persistent organic pollutant but and
8: In section 2(1) persistent organic pollutant
ba: includes a manufactured article containing 1 or more of those substances; but
9: In section 2(1) place of work port of entry
10: In section 2(1) prescribed regulations made or an EPA notice issued
11: In section 2(1) public notice public notice
a: a notice published on an Internet site maintained by or on behalf of the Authority; or
b: a notice published in 1 or more daily newspapers circulating in the main metropolitan areas, together with any other public notice (if any) that the Authority or Minister (as applicable) thinks fit
12: In section 2(1) serious harm
13: In section 2(1) stationary container
14: In section 2(1) test certificate
15: In section 2(1) tracking system
5: Section 3 amended (Act to bind the Crown)
1: In section 3(3) codes of practice for EPA controls for
2: In section 3(4)﻿(a)﻿(i), (5)﻿(a)﻿(i), and (6) controls EPA controls
3: In section 3(4)﻿(a)﻿(ii) and (5)﻿(a)﻿(ii) regulations made EPA notices issued
4: In section 3(7) regulations or EPA notices
5: In section 3(8) which involves any breach of an EPA control relating to a
6: New section 3A inserted (Transitional and savings provisions relating to amendments to Act)
After section 3
3A: Transitional and savings provisions relating to amendments to Act
The transitional and savings provisions set out in Schedule 7 the Hazardous Substances and New Organisms Amendment Act 2015
7: Section 11 amended (Powers, functions, and duties of Authority)
1: After section 11(1)﻿(b)
ba: carry out its enforcement functions under this Act:
bb: issue certificates in accordance with section 82
2: After section 11(2)
2A: In carrying out its powers, functions, and duties conferred on it by or under this Act that relate to hazardous substances, the Authority must foster a co-operative and consultative relationship with WorkSafe.
8: Section 19 amended (Delegation by Authority)
1: After section 19(1)﻿(a)
ab: the issuing of an EPA notice; and
2: In section 19(2)﻿(ha) test
3: After section 19(5A)
5B: Despite subsection (5A), if any function or power under section 26 or 51 in relation to hazardous substances or under section 28A, 29, or 32 is delegated to the chief executive under this section, the delegate may delegate the function or power to any employee of the Authority with the prior written consent of the Authority.
9: Section 20 amended (Obligation to prepare and maintain register)
1: Replace section 20(1)
1: The Authority must keep a register of all applications for approvals for hazardous substances and new organisms made to the Authority, including pending and withdrawn applications.
2: Replace section 20(2)﻿(f)
f: all the controls on a hazardous substance imposed under this Act.
3: After section 20(3)
3A: The register must also include reference to controls on a hazardous substance imposed under the Health and Safety at Work Act 2015
3B: The register may also include reference to controls on a hazardous substance imposed under any other Act.
4: After section 20(5)
6: The Authority may withhold any information relating to transhipment applications that this section would otherwise require to be on the register if, in its opinion, the information could pose a risk to national safety and security.
10: Section 26 replaced (Determination of new organism or hazardous substance)
Replace section 26
26: Determination of new organism or hazardous substance
1: The Authority may, on application by any person, determine whether or not any organism is a new organism.
2: A determination under subsection (1) must be issued by notice in the Gazette
3: The Authority may, on application by any person, determine 1 or more of the following:
a: whether or not any substance is a hazardous substance:
b: a hazardous substance's classification:
c: the approvals that apply or are required to be obtained.
4: A determination under subsection (3) must be publicly notified.
5: Before issuing a determination under this section, the Authority must have regard to—
a: any information held by the Authority; and
b: any information held by any department listed in Schedule 1 of the State Sector Act 1988 and any Crown entity; and
c: any information provided by the applicant.
6: The Authority may revoke or reissue a determination issued by it under this section if it receives further information.
11: Section 33 amended (Exemptions from Act for small-scale research on hazardous substances)
In section 33(1)﻿(a), (2)﻿(a), and (2)﻿(b)﻿(i) prescribed requirements requirements prescribed under the Health and Safety at Work Act 2015
12: Section 53 amended (Applications required to be publicly notified)
1: Repeal section 53(1)﻿(f)
2: After section 53(1)
1A: The Authority must publicly notify, in 1 or more public notices,—
a: an application under section 96B to issue, amend, or revoke a group standard; and
b: the proposal to issue or amend (as the case may be) a group standard; and
c: the Authority's assessment of the matters required under section 96C(1)﻿(a), (b), (c), (d), and (e) in relation to a group standard as proposed to be issued or amended.
3: In section 53(4)﻿(c)﻿(ii) application ; and
4: After section 53(4)﻿(c)
d: if the application is an application for approval of a hazardous substance, WorkSafe.
13: Section 53A repealed (Method of public notification)
Repeal section 53A
14: Section 58 amended (Further information)
Replace section 58(1)﻿(c)
c: must consult with all departments or Crown entities notified of the application in accordance with section 53(4) and,—
i: if any application is for approval to import, develop, field test, conditionally release, or release a new organism, have particular regard to any submissions made by the Department of Conservation; and
ii: if any application is for approval to import or manufacture a hazardous substance, have particular regard to any submissions made by WorkSafe.
15: Section 59 amended (Time limits and waivers)
1: In section 59(1)﻿(a) section 53 section 53(1), (1A)﻿(a)
2: In section 59(3)﻿(a) regulation or an EPA notice
16: Section 62 amended (Grounds for reassessment of a substance or organism)
After section 62(2)﻿(a)
aa: a change in any controls under the Health and Safety at Work Act 2015
17: Section 63A amended (Modified reassessment procedure for amendments to approvals of hazardous substances)
1: In section 63A(2)﻿(a) may vary the EPA
2: Replace section 63A(7)
7: Sections 77, 77A, and 77B apply to any hazardous substance that is approved under this section and, for the purposes of this section, controls previously imposed under section 77A have effect as other specified controls under that section.
18: New section 63C inserted (Modified reassessment to change controls in other cases)
After section 63B
63C: Modified reassessment to change controls in other cases
1: Despite anything to the contrary in this Act, the Authority may reassess a hazardous substance in accordance with this section if the Authority considers that—
a: a reassessment of the hazardous substance under section 63 is not appropriate because the reassessment will involve only a specific aspect of the approval; and
b: the amendment is not a minor or technical amendment to which section 67A applies; and
c: the reassessment is necessary because of a change in the hazard classification system, controls in regulations, EPA controls, or controls under the Health and Safety at Work Act 2015
2: A reassessment under this section—
a: may vary 1 or more of the following:
i: the EPA controls that attach to a hazardous substance:
ii: the description of a hazardous substance:
iii: the hazard classification of a hazardous substance; but
b: may not revoke an approval given to import or manufacture a hazardous substance under this Act.
3: A reassessment under this section is deemed to be an application, and sections 55 to 61 apply with all necessary modifications.
4: The Authority may reassess a hazardous substance under this section without publicly notifying the reassessment in accordance with section 53.
5: If the Authority does not publicly notify the reassessment in accordance with section 53, the Authority must—
a: do everything reasonably practicable on its part to consult with all persons who, in its opinion, may be affected by the reassessment; and
b: give those persons a reasonable opportunity to make submissions and comments to the Authority on the reassessment; and
c: consider all submissions and comments received.
6: The Authority may approve or decline an application for reassessment under this section as it considers appropriate after taking into account—
a: all the effects associated with the reassessment; and
b: the best international practices and standards for the safe management of hazardous substances.
7: Section 65(e) applies, with all necessary modifications, to a reassessment under this section.
8: Sections 77, 77A, and 77B apply to any hazardous substance that is approved under this section and, for the purposes of this section, controls previously imposed under section 77A have effect as other specified controls under that section.
9: This section does not limit the operation of section 77(2)﻿(a)
19: Section 65 amended (No compensation following reassessment)
In section 65 section 63, 63A, or 63C
20: New section 67B inserted (Revoking duplicated approvals)
After section 67A
67B: Revoking duplicated approvals
1: The Authority may, by notice in the Gazette
a: a group standard; or
b: a Part 5 approval that is not a deemed approval.
2: The Authority may, but is not required to, consult any person or organisation before revoking an approval, a deemed approval, or a group standard under this section.
21: Section 68 amended (Minister's power to call in applications with significant effects)
After section 68(1)
1A: However, a direction under this section applies to an application that relates to any hazardous substances only if the application is one referred to in section 53.
22: Section 74 replaced (Establishment of hazard classification system)
Replace section 74
74: Establishment of hazard classification system
The Authority may from time to time, in accordance with section 76C
a: prescribing, for each intrinsic hazardous substance property, a number of degrees or types of hazard, which may be done by reference to an international system or by incorporation of material under section 141A:
b: prescribing, for each intrinsic hazardous substance property, a degree of hazard below which any substance is not considered hazardous, which may be done by reference to an international system or by incorporation of material under section 141A:
c: prescribing, for gases under pressure, a physical state when packaged:
d: prescribing substances as substances that are not hazardous for the purpose of this Act.
23: Section 75 amended (Regulations prescribing hazard classification control)
1: Replace the heading to section 75 Authority may prescribe hazardous property controls
2: In section 75(1) Subject to section 141, the Governor-General may, from time to time, by Order in Council make regulations prescribing controls The Authority may from time to time, in accordance with section 76C
3: Replace section 75(1)﻿(f) and (g)
f: for substances with ecotoxic properties—
i: to reduce the likelihood of unintended exposure to any such substance:
ii: to control the adverse effects of any exposure to such substances.
4: Repeal section 75(2)
5: In section 75(3) regulations notice
24: Section 76 replaced (Requirements for containers, identification, disposal, emergencies, tracking, and fireworks)
Replace section 76
76: Authority may prescribe controls and requirements relating to hazardous substances
1: The Authority may, from time to time, in accordance with section 76C
a: prescribe requirements for packages or containers for hazardous substances:
b: prescribe requirements for the identification, labelling, and advertising of hazardous substances, and requirements for safety data sheets:
c: prescribe requirements for disposal of hazardous substances:
d: prescribe qualifications and other requirements that persons must hold or meet in order to obtain or handle—
i: hazardous substances other than in a workplace:
ii: hazardous substances with ecotoxic properties:
e: prescribe requirements for content controls:
f: prescribe EPA controls on any gases under pressure, whether or not the properties of any gas that is under pressure are intrinsically hazardous:
g: prescribe EPA controls for any hazardous substance to avoid or mitigate any adverse effects on the physical or chemical nature of the environment:
h: prescribe EPA controls to avoid or mitigate illness or injury to people or damage to the environment or chattels from any hazardous substance:
i: prescribe EPA controls for by-products with hazardous properties, which result from the manufacture or use of any substance:
j: prescribe technical restrictions and prohibitions on the sale of specified fireworks.
2: Gases under pressure that are subject to EPA controls under subsection (1)﻿(f) must be treated as hazardous substances for the purposes of Part 7, regardless of their properties.
3: EPA controls may be prescribed under subsection (1)﻿(i) only if the Authority is satisfied that the controls on any by-product with hazardous properties under this Act or any other Act are not sufficient to achieve the purposes of this Act.
4: The Authority may, in any EPA notice,—
a: prescribe EPA controls for any specified hazardous substance or hazardous substances of a specified class:
b: prescribe or provide for EPA controls by reference to controls prescribed under any other Act.
76A: Authority may prescribe other matters relating to hazardous substances
The Authority may, in accordance with section 76C
a: prescribes the method of estimating the quantity of any substance to be imported or manufactured:
b: prescribes countries for the purposes of sections 28 and 31:
c: prescribes information to be provided to the Authority with any application for approval of any hazardous substance:
d: prescribes, whether by reference to any specified classes of importers or manufacturers or on some other basis,—
i: information that importers or manufacturers must provide to the Authority; and
ii: related requirements, including the making available of, or the giving of, any notice or information about specified activities, matters, or things to the Authority or to an enforcement officer:
e: prescribes forms for the purposes of this Act that relate to any hazardous substances:
f: prescribes documentation to be issued in respect of any hazardous substance before importation into New Zealand:
g: prescribes qualifications for enforcement officers appointed under section 100:
h: prescribes who is an importer or a manufacturer, which may be done by reference to any classes or otherwise:
i: provides for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
76B: Further provisions relating to EPA notices
1: An EPA notice issued under section 74, 75, 76, or 76A may—
a: be of general or limited application:
b: differ according to differences in time, place, or circumstance, or any other basis:
c: impose prohibitions:
d: impose obligations and restrictions on persons:
e: apply differently to people of a differing age or health status, and may apply only to people of a particular age or health status.
2: An EPA notice made under subsection (1) is not invalid merely because it confers a discretion on, or allows a matter to be determined or approved by, any person.
3: The Authority may, in any EPA notice, include transitional and savings provisions for the purpose of giving effect to any matters arising from the notice that are necessary because of the coming into effect of the notice.
76C: Procedure for issuing EPA notices
1: Before issuing an EPA notice, the Authority must—
a: publicly notify its intention to issue the notice; and
b: give interested persons a reasonable time, which must be specified in the notification published under paragraph (a), to make submissions on the proposal; and
c: consult any persons, representative groups within the hazardous substances industry or elsewhere, government departments, WorkSafe, and Crown entities that the Authority considers appropriate in each case.
2: Before issuing an EPA notice, the Authority must have regard, and give any weight that it considers appropriate in each case, to the following:
a: the costs and benefits of implementing measures for which the notice is being proposed:
b: the best international practices and standards for the safe management of hazardous substances:
c: any other matters that the EPA considers appropriate in the circumstances.
3: An EPA notice must—
a: be signed by the chairperson of the Authority; and
b: set out fully the requirements of the notice, except where certain information is incorporated in the notice by reference; and
c: include a statement of the objective of the notice; and
d: be published in the Gazette
4: An EPA notice must be publicly notified, along with a statement stating the extent of consultation that took place before the notice was made.
5: The Authority may amend or revoke any EPA notice and the amendment or revocation is subject to subsections (1) to (3), except as provided by subsection (6)
6: The Authority may, on its own initiative, amend an EPA notice without complying with subsections (1) and (2), if it considers that the amendment is minor in effect or corrects a minor or technical error.
7: A failure to comply with subsections (1), (3), and (4) does not affect the validity of any EPA notice made under this Act.
76D: Application of Legislation Act 2012 to EPA notices
An EPA notice is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
25: Section 77 amended (Controls on hazardous substances)
1: In the heading to section 77 Controls EPA controls
2: In section 77(1) degree of hazard of that substance degree or type of hazard of that substance, if applicable
3: Replace section 77(2) and (2A)
2: The controls prescribed by any regulations, and the EPA controls prescribed by any EPA notice, for each hazard classification attach to the substance, but may be varied,—
a: from time to time, by amendments to the regulations or notice prescribing the controls for the relevant hazard classification:
b: at the time the substance is approved, in accordance with subsections (3), (4), and (5).
2A: Nothing in any regulations or EPA notice referred to in subsection (2)﻿(a) affects any variations made by the Authority under subsections (3) to (5) before the commencement of the regulations or notice, unless the Authority determines otherwise.
4: Replace section 77(7)
7: Any restrictions and prohibitions on the sale of fireworks prescribed under section 76(1)﻿(j) 140(1)﻿(r) or (s)
26: Section 77A amended (Authority's power to impose controls and vary specified controls)
1: In the heading to section 77A impose EPA
2: In section 77A(1) the Authority thinks fit for the purpose of setting EPA controls
3: Replace section 77A(2)
2: Without limiting anything in subsection (1), the Authority may, in approving a substance, specify as an EPA control under this section—
a: an obligation to obtain a permission under section 95A for general or particular use of the substance; or
b: a restriction on the use of a substance.
4: In section 77A(3) this section are EPA
5: Replace section 77A(4)
4: Before imposing a control under this section, the Authority must be satisfied that, either—
a: against any other specified controls that apply to the substance,—
i: the proposed control is more effective in terms of its effect on the management, use, and risks of the substance; or
ii: the proposed control is more cost-effective in terms of its effect on the management, use, and risks of the substance; or
iii: the proposed control is more likely to achieve its purpose; or
b: in the case of a control that is a restriction on the use of a hazardous substance, the positive effects of the substance when restricted to that use outweigh the adverse effects.
6: Replace section 77A(5)
5: In this section, other specified controls
27: Section 77B amended (Exposure limits for substances with toxic or ecotoxic properties)
1: Repeal section 77B(2)﻿(c)
2: In section 77B(4) this section are EPA
3: In section 77B(6) environmental exposure limit regulations made under section 75 EPA notices
4: In section 77B(6) tolerable exposure limit regulations made under section 75 EPA notices
5: In section 77B(6) workplace exposure standard
28: Section 78 amended (Codes of practice)
1: In section 78(1) included in EPA
2: In section 78(1) regulations or an EPA notice
3: Replace section 78(6)
6: The Authority must not, without the written consent of the relevant Minister,—
a: adopt with modification any documents previously approved by a Minister of the Crown; or
b: approve any amendment of any part of a code of practice that comprises a document approved by a Minister of the Crown and later adopted by the Authority.
29: Section 82 replaced (Issue of test certificates by test certifiers)
Replace section 82
82: Certificates
Regulations made under this Act, EPA notices, approvals granted by the Authority, and requirements imposed in accordance with Part 3 of Schedule 3 may require a person to obtain a certificate—
a: from a certifier authorised under section 211(1)﻿(k) of the Health and Safety at Work Act 2015
b: from the Authority under this Act that certifies that any specified requirement has been met; or
c: under any other relevant enactment that certifies that any specified requirement has been met.
30: Sections 82A, 82B, and 83 to 86 repealed
Repeal sections 82A 82B 83 to 86
31: Section 82C amended (Revocation of test certificates)
1: In the heading to section 82C test
2: In section 82C(1), (2), and (8) test
32: Cross-heading above section 95A amended
In the cross-heading above section 95A and licences
33: Section 95B repealed (Licences)
Repeal section 95B
34: Section 96B amended (Group standards)
Replace section 96B(1)﻿(b)
b: impose as conditions that apply to the identified group of hazardous substances or products any obligations and restrictions that the Authority thinks fit for the purpose of setting EPA controls.
35: Section 96C amended (When group standards may be issued or amended)
1: In section 96C(1)﻿(g) types of EPA
2: Replace section 96C(1)﻿(h)
h: comply with the requirements of section 53(1A)
3: In section 96C(3) this section or section 53(1A)
36: Section 96D amended (Revocation of group standards)
In section 96D(1) section 53 section 53(1A)
37: Section 97 amended (Enforcement of Act)
1: Replace section 97(1)﻿(a)
a: WorkSafe must ensure that the provisions of this Act in respect of disposal and ecotoxic controls, and equivalent conditions in group standards issued under section 96B that relate to hazardous substances, are enforced in any workplace:
2: After section 97(1)﻿(d)
da: in relation to the retail sale of fireworks, the Commissioner of Police must ensure that any restrictions and prohibitions imposed under this Act are enforced:
3: In section 97(1)﻿(e) any aircraft and that the provisions of this Act relating to the discharge of hazardous substances from an aircraft are enforced
4: After section 97(2)
3: The Authority must ensure that the following matters are enforced:
a: provisions of this Act in respect of classification controls and content controls, and equivalent conditions in group standards issued under section 96B that relate to hazardous substances:
b: the requirement for a hazardous substance to have an approval before being imported or manufactured:
c: prohibitions relating to persistent organic pollutants and hazardous substances prohibited by regulations:
d: requirements imposed under any EPA notice made under section 76A
4: The Authority must ensure the provisions of this Act in respect of any regulations, EPA controls, and equivalent conditions in group standards issued under section 96B that relate to hazardous substances are enforced in any workplace to the extent that responsibility for enforcement is not provided for in subsection (1)﻿(a) to (g).
38: Section 97B replaced (Enforcement of Act in respect of hazardous substances in place of work)
Replace section 97B
97B: Enforcement of Act in respect of hazardous substances in workplace
An inspector appointed under section 163 Health and Safety at Work Act 2015
39: New section 97C inserted (Sharing of information between Authority and enforcement agencies)
After section 97B
97C: Sharing of information between Authority and enforcement agencies
1: Subject to any enactment,—
a: the Authority may provide an enforcement agency with any information, or a copy of any document, that it—
i: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to this Act; and
ii: considers may assist the enforcement agency in the performance or exercise of the enforcement agency's functions, duties, or powers under or in relation to any enactment; and
b: an enforcement agency may provide the Authority with any information, or a copy of any document, that it—
i: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to any enactment; and
ii: considers may assist the Authority in the performance or exercise of its functions, duties, or powers under or in relation to this Act.
2: If subsection (1)﻿(a) or (b) applies, the Authority or enforcement agency (as the case may be) may impose conditions that it thinks fit relating to the provision of the information or document, including conditions relating to—
a: the storage and use of, or access to, anything provided:
b: the copying, returning, or disposing of copies of any documents provided.
3: In this section, enforcement agency
4: Nothing in this section limits the Privacy Act 1993.
5: This section applies despite anything to the contrary in any contract, deed, or document.
40: Section 99 amended (Supervision of inspection)
In section 99(4) compressed gases gases under pressure
41: Section 103 amended (Powers of entry for inspection)
1: In the heading to section 103 inspection relating to new organisms
2: In section 103(1)﻿(c) hazardous substance or
3: In section 103(1)﻿(d) substance or
42: New section 103A inserted (Powers of entry for inspection relating to hazardous substances)
After section 103
103A: Powers of entry for inspection relating to hazardous substances
1: Any enforcement officer may, at any reasonable time, for the purposes referred to in subsection (2),—
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.
2: The purposes concerned are to—
a: monitor or enforce compliance with this Act and any conditions, controls, or requirements on any hazardous substance; or
b: determine the nature of any hazardous substance; or
c: determine whether or not any person is complying with a compliance order.
3: For the purposes of this section, an enforcement officer may—
a: take samples of water, air, soil, any substance, or any organism; and
b: open containers or packages (including secured or sealed containers or packages) to inspect the contents; and
c: take photographs and measurements and make sketches and recordings; and
d: take or remove any thing for analysis or testing; and
e: conduct examinations, tests, inquiries, demonstrations, and inspections; and
f: require that any place or thing specified by the enforcement officer is not disturbed for a reasonable time pending any examination, test, inquiry, demonstration, or inspection; and
g: require any person in charge of relevant premises to—
i: make statements, in any form or manner specified by the enforcement officer, about conditions, material, or equipment relevant to the purpose of the inspection; or
ii: produce information relevant to the purpose of the inspection, and take copies of the information or extracts from the information.
4: An enforcement officer may do any of the things referred to in subsection (3) whether or not—
a: the enforcement officer or the person whom the enforcement officer is dealing with has gone on, into, under, or over premises or a dwelling described in subsection (1)﻿(a) or (b); or
b: in respect of any information, the information is—
i: on premises or in a dwelling that is described in subsection (1)﻿(a) or (b); or
ii: in the place where the enforcement officer is; or
iii: in another place.
5: If any enforcement officer has taken any thing in accordance with subsection (3)﻿(d), the enforcement officer must 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.
6: Within 5 working days of removing a thing, the enforcement officer must give the person in charge of the premises written notice stating—
a: whether or not the thing will be returned or destroyed; and
b: either—
i: the time and date of the return of the thing to the premises; or
ii: the results of the analysis of the thing and why it is being destroyed.
7: Every enforcement officer exercising any of the powers conferred under this section must, at the time of exercising that power, and after that on request, produce—
a: evidence of that person's appointment as an enforcement officer; and
b: evidence of that person's identity.
8: An enforcement officer may take any person with relevant experience or expertise on to the premises to assist the officer with the inspection.
9: Nothing in this section limits or affects the privilege against self-incrimination.
10: In this section,— information relevant premises
43: Section 109 amended (Offences)
1: In section 109(1)﻿(a) manufactures imports or
2: After section 109(1)﻿(d)
da: fails to comply with any requirements in an EPA notice made under section 76A(d) or (f)
3: Replace section 109(1)﻿(e)
e: fails to comply with—
i: any controls imposed by an approval relating to a new organism granted under this Act; or
ii: any EPA controls imposed by an approval relating to a hazardous substance granted under this Act; or
iii: any controls specified in any regulations relating to a new organism; or
iv: any prohibition specified in any regulations; or
v: any controls specified in any regulations or an EPA notice relating to a hazardous substance; or
vi: any requirement to obtain a certificate specified in any regulations or an EPA notice; or
4: In section 109(1)﻿(eb) substances or products
44: Section 111 amended (Commission of infringement offence)
In section 111
2: Proceedings commenced in the way described in subsection (1)﻿(a) do not require the leave of a District Court Judge or Registrar under section 21(1)﻿(a) of the Summary Proceedings Act 1957.
45: Section 113 amended (Entitlement to infringement fees)
In section 113
2: A regional council is entitled to retain all infringement fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement officer employed by that council.
3: Except as provided in subsections (1) and (2), all infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account.
46: Section 117 amended (Strict liability and defences)
Repeal section 117(4)
47: Section 125 amended (Appeals)
1: In section 125(5)﻿(a) controls EPA controls
2: After section 125(7)
8: An appeal under this section must be made and determined in accordance with the District Courts Act 1947 and the District Courts Rules 2014.
48: Section 140 replaced (Regulations)
Replace section 140
140: Regulations
1: Subject to section 141, the Governor-General may from time to time, by Order in Council, make regulations for 1 or more of the following purposes:
a: prescribing organisms as genetically modified organisms for the purpose of this Act:
b: prescribing organisms as organisms that are not genetically modified for the purpose of this Act:
c: prescribing organisms that are not new organisms for the purpose of this Act:
d: prescribing the method of estimating the quantity of any organism to be imported:
e: prescribing controls for any conditionally released new organism or any qualifying organism released with controls, to avoid or mitigate any adverse effects on the physical or chemical nature of the environment:
f: prescribing controls for any conditionally released new organism or any qualifying organism released with controls, 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:
g: prescribing—
i: any species as a risk species where any subspecies, infrasubspecies, variety, strain, or cultivar of that species may have adverse effects on the health and safety of people or the environment; 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:
h: prescribing offences under this Act that constitute infringement offences against this Act:
i: prescribing forms of infringement notices, and prescribing the infringement fees (not exceeding $3,000) for each infringement offence, which may be different fees for different offences:
j: prescribing countries or organisations for the purpose of sections 34, 38A, and 40 (which relate to new organisms):
k: prescribing information to be provided with any application for approval relating to new organisms:
l: prescribing forms for the purpose of this Act that relate to new organisms and prescribing forms of search warrants under this Act:
m: prescribing qualifications for enforcement officers appointed under section 100 who perform functions relating to new organisms:
n: prescribing controls for by-products with hazardous properties, which result from the manufacture of any substance:
o: prescribing damage as serious environmental damage for the purpose of section 144:
p: prescribing prohibitions on the possession, importation, and manufacture of any hazardous substance:
q: prescribing restrictions on the access to or use of a hazardous substance outside the workplace:
r: prescribing restrictions on the sale of any hazardous substance:
s: prescribing prohibitions on the sale of specified fireworks:
t: providing for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations may be made under subsection (1)﻿(c) only if the Minister has considered—
a: whether the organism has formed a self-sustaining population in New Zealand; and
b: whether any person is attempting to manage, control, or eradicate the organism under any Act.
3: Regulations made under subsection (1)﻿(h) may (without limitation) prescribe as an infringement offence the failure to comply with—
a: any control referred to in section 109(1)﻿(e)﻿(ii) or (v) that is specified or described in the regulations:
b: any requirement referred to in section 109(1)﻿(e)﻿(vi):
c: any condition referred to in section 109(1)﻿(eb) that is specified or described in the regulations, including any condition that is referred to as being equivalent to a control.
4: Regulations may be made under subsection (1)﻿(p), (q), or (r) only if the Minister—
a: is satisfied that the proposed regulations are desirable in the public interest; and
b: has consulted the Authority and the Minister for Workplace Relations and Safety.
5: Any regulations or other instrument made under this Act may provide for controls by reference to controls in regulations under any other Act.
6: Regulations made under this section may—
a: be of general or limited application:
b: differ according to differences in time, place, or circumstance, or on any other basis:
c: impose prohibitions:
d: impose obligations and restrictions on persons:
e: apply differently to people of a differing age or health status, and may apply only to people of a particular age or health status.
7: Any regulation made under this section is not invalid merely because it confers a discretion on, or allows a matter to be determined or approved by, any person.
49: Section 141 amended (Procedure for making Orders in Council)
After section 141(2)
2A: Subsection (1) does not apply in respect of an Order in Council if its sole purpose is to revoke any regulations replaced or to be replaced, or otherwise provided for, by an EPA notice or by any regulations or safe work instrument made under the Health and Safety at Work Act 2015
50: Section 142 amended (Relationship to other Acts)
After section 142(6)
7: Nothing in this Act affects the requirements of the Health and Safety at Work Act 2015
51: Section 144 amended (Reporting of incidents)
Replace section 144(1)
1: Every person in charge of a substance involved in an incident resulting in death, or a notifiable injury or illness as defined by section 23 of the Health and Safety at Work Act 2015
52: Schedule 2A amended
In Schedule 2A Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF)
53: Schedule 7 replaced
Replace Schedule 7 Schedule 7 Schedule 1
54: Consequential and other amendments to principal Act
Amend the principal Act as set out in Schedule 2
55: Amendments to other enactments
Amend the enactments specified in Schedule 3 OIC LI 2017/232 2017-12-01 Building Act 2004 Gas Act 1992 Medicines Act 1981 Psychoactive Substances Act 2013 Summary Proceedings Act 1957 Terrorism Suppression Act 2002 Auckland International Airport By-laws Approval Order 1989 Christchurch International Airport By-laws Approval Order 1989 Dunedin International Airport Bylaws Approval Order 2005 Far North Holdings Limited Bylaws Approval Order 2005 Hawke's Bay Airport Bylaws Approval Order 2009 Hazardous Substances (Fireworks) Regulations 2001 Medicines Regulations 1984 Nelson Airport Bylaws Approval Order 2007 Palmerston North International Airport Bylaws Approval Order 2003 Queenstown Airport Bylaws Approval Order 2009 Rest of Act s 2(3).