Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005

1: Title
1: This Act is the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005.
2: In this Act, the Hazardous Substances and New Organisms Act 1996 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to
Parts 1 4 4A 5 6
3: Interpretation
1: Section 2(1) environmental medium
a: in relation to class 6 substances, means—
i: air, water, and soil; or
ii: a surface that a hazardous substance may be deposited 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 exposure limit section 77B(6) local authority regional council Local Government Act 2002 .
2: Section 2(1) research and development research and development .
4: Act to bind the Crown
Section 3 subsections (4) (5)
4: 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 Authority on hazardous substances that have been approved by the Authority (including a deemed approval under section 96E or section 160A
ii: meet the relevant requirements prescribed by regulations made in accordance with section 75
b: may incorporate or adapt any relevant international code of practice.
5: 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 Authority on hazardous substances that have been approved by the Authority (including a deemed approval under section 96E or section 160A
ii: meet the relevant requirements prescribed by regulations made in accordance with section 75
b: may comply with the relevant requirements in paragraph (a) section 79
5: Restriction on Ministerial direction
Section 17 Part V or Part 6A
6: Delegation by Authority
1: Section 19(2)(b) Part V or Part 6A
2: Section 19(2) paragraph (h)
ha: the power to revoke a test certificate for an approved filler or an approved handler under section 82C .
7: New section 20A inserted
The principal Act is amended by inserting, after section 20
20A: Register of exposure limits for substances with toxic or ecotoxic properties
1: The Authority must keep and maintain a register of all exposure limits set under this Act for substances with toxic or ecotoxic properties.
2: The register must specify—
a: the type of exposure limit:
b: the value of the exposure limit:
c: the hazardous substance that the exposure limit will apply to:
d: if the exposure limit applies to any element or compound making up the hazardous substance, the element or compound that the exposure limit will apply to.
3: Every person has the right to inspect the register during the ordinary office hours of the Authority.
8: Fees for local authorities
Section 23 territorial authority local authority
9: Prohibition of storage of persistent organic pollutants
Section 25B(2)(a) (other than polychlorinated biphenyls)
10: Rapid assessment for importation or manufacture of hazardous substances
1: Section 28A(2) ; or paragraph (b)
c: 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.
2: Section 28A(3) Section 77 Sections 77, 77A, and 77B
11: Determination of applications
Section 29(2) section 77 sections 77, 77A, and 77B
12: Importing hazardous substances in containment
Section 30 paragraph (c)
ca: formulating, relabelling, repackaging, or storing any hazardous substance for export to a destination outside New Zealand; or .
13: Exemptions from Act for small-scale research on hazardous substances
1: Section 33(d) , except as provided for in subsection (2)
2: Section 33
2: A hazardous substance, or any substance created from the use of that hazardous substance, referred to in subsection (1)
a: a laboratory in New Zealand that meets the prescribed requirements:
b: a laboratory outside New Zealand, but only if—
i: 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
ii: 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 produces that evidence if requested to do so by the Authority.
14: New heading and section 49L inserted
The principal Act is amended by inserting, after section 49K Rapid assessment and approval of other hazardous substances in special emergencies
49L: Rapid assessment and approval of other hazardous substances in special emergencies
1: Sections 49A to 49K
2: In this section, other hazardous substances means hazardous substances that are not already covered by sections 49A to 49K
15: Applications required to be publicly notified
Section 53(1)
f: an application under section 96B
16: New section 63A inserted
The principal Act is amended by inserting, after section 63
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)
a: a reassessment of the hazardous substance under section 63
b: the amendment is not a minor or technical amendment to which section 67A
2: A reassessment under this section—
a: may vary the controls that attach to a hazardous substance, or the description of a hazardous substance, or both; but
b: may not revoke an approval given to a hazardous substance under this Act to import or manufacture the substance.
3: A reassessment under this section is deemed to be an application, and sections 55 to 61
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
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 77
8: Section 65(e)
17: Regulations prescribing hazard classification control
Section 75
3: Any regulations made under subsection (1)(e) or (f)
a: set, or provide for the setting of, exposure limits within a range of values, or according to a methodology:
b: set, or provide for the setting of, exposure limits by adopting international values or international methodologies.
18: Controls on hazardous substances
Section 77
8: The powers under sections 77A and 77B
19: New section 77B inserted
The principal Act is amended by inserting, after section 77A
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,—
a: set exposure limits for the substance or any element or compound making up the substance that the Authority thinks fit; or
b: provide for the setting of exposure limits for the substance or any element or compound making up the substance.
2: Exposure limits set under subsection (1)
a: environmental exposure limits:
b: tolerable exposure limits:
c: workplace exposure standards.
3: Without limiting anything in subsection (1)
a: provide that all or any of the exposure limits set by it are for guidance only:
b: set, or provide for the setting of, exposure limits within a range of values or according to a methodology:
c: set, or provide for the setting of, exposure limits by adopting international values or international methodologies.
4: Exposure limits imposed under this section are controls for the purposes of this Act, and such exposure limits may—
a: be additional to other specified exposure limits; or
b: vary other specified exposure limits; or
c: substitute other specified exposure limits; or
d: combine other specified exposure limits; or
e: delete other specified exposure limits.
5: 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
b: 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
ii: the proposed exposure limit is more cost-effective in terms of its effect on the management, use, and risks of the substance; or
iii: the proposed exposure limit is more likely to achieve its purpose; and
c: do everything reasonably practicable on its part to advise all people who in its opinion may be affected by the proposed exposure limit; and
d: give those people a reasonable opportunity to make submissions and comments to the Authority on the proposed exposure limit; and
e: consider all submissions and comments received.
6: In this section,— environmental exposure limit section 75 tolerable exposure limit section 75 workplace exposure standard section 75
20: Issue of test certificates by test certifiers
Section 82
5: A test certifier must, as soon as practicable after issuing a test certificate under this section, forward a copy of that test certificate to the Authority.
21: New sections 82A, 82B, and 82C inserted
The principal Act is amended by inserting, after section 82
82A: Register of test certificates
1: The Authority must keep and maintain a register of test certificates issued by test certifiers under section 82
2: The purpose of the register is to facilitate compliance with, and enforcement of,—
a: this Act, the Agricultural Compounds and Veterinary Medicines Act 1997 Health and Safety in Employment Act 1992 Resource Management Act 1991
b: any regulations or notices in force under those Acts.
3: The register must specify—
a: the date on which each test certificate was issued, and the expiry date or (if applicable) the date of the revocation of the test certificate; and
b: the name of the test certifier who issued the certificate; and
c: the matter for which each test certificate has been issued; and
d: details of the prescribed requirements for which each test certificate was issued; and
e: in the case of a test certificate issued in respect of a place, the street address of the place; and
f: in the case of a test certificate issued in respect of a person,—
i: the name of the person; and
ii: the name and address of the person's place of work.
4: A search of the register may be carried out by the Authority, and by the following persons for the following purposes:
a: 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
b: a test certifier for the purpose of searching for information that the test certifier has provided under section 82(5)
c: an approved person for a purpose that—
i: relates to the purpose of the register; or
ii: 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
iii: is necessary to avoid prejudice to the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences); or
iv: has been authorised by the Privacy Commissioner under section 54(1) of the Privacy Act 1993
5: In this section, approved person
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
b: a person specified in section 97
c: an enforcement officer.
82B: Delegation by approved person
1: An approved person described in section 82A(5)(a) and (b) section 82A(4)
2: The approved person may delegate the power to search the register on such terms and conditions as the approved person thinks fit.
3: Every decision made in accordance with a delegation under subsection (1)
4: 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.
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.
6: Every delegation under subsection (1)
82C: Revocation of test certificates for approved fillers and approved handlers
1: The Authority may, at any time and by notice in writing to the person to whom the test certificate was issued (the certificate holder
a: obtained the test certificate by fraud, misrepresentation, or concealment of facts; or
b: has been negligent as a certificate holder; or
c: is incompetent to act as a certificate holder.
2: The Authority may not revoke a test certificate under subsection (1)
a: has notified the certificate holder in writing of its intention to investigate whether to revoke the test certificate; and
b: has given the certificate holder reasons in writing for the Authority's investigation; and
c: has given the certificate holder a reasonable opportunity to make submissions to the Authority in respect of the investigation; and
d: has considered all submissions and any other information received; and
e: is, as a result of the investigation, satisfied that there are grounds for revoking the test certificate under subsection (1)
3: 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.
4: If the Authority proposes to take into account any information that is or may be prejudicial to the certificate holder, the Authority must, subject to subsection (5)
5: The Authority is not required to disclose any information under subsection (4)
6: If the Authority determines not to disclose any information in reliance on subsection (5)
a: in the case of non-disclosure to an individual of information about the individual,—
i: the Authority must inform the individual that he or she may, under the Privacy Act 1993
ii: the provisions of that Act apply to that non-disclosure 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
b: in any other case,—
i: the Authority must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act
7: On completion of the Authority's investigation, the Authority must notify the certificate holder in writing of—
a: the Authority's decision; and
b: the certificate holder's right of appeal against that decision.
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.
9: In this section,— approved filler Hazardous Substances (Compressed Gases) Regulations 2004 approved handler Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001
22: Authority to recommend establishment
Section 88(a) section 77 sections 77, 77A, and 77B
23: Transferable permit scheme and variation of controls
Section 89(1) section 77 sections 77, 77A, and 77B
24: Report on environmental user charges
Section 96(1) section 77 sections 77, 77A, and 77B
2: New Part 6A inserted in principal Act
25: New Part 6A inserted
The principal Act is amended by inserting, after Part 6
6A: 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
96B: Group standards
1: The Authority may, by notice in the Gazette
a: identify the group of hazardous substances or products (described in subsection (2)
b: impose as conditions under this section any obligations and restrictions that the Authority thinks fit on the identified group of hazardous substances or products.
2: A group standard may apply to 1 or more of the following hazardous substances or products:
a: a hazardous substance to which Part 5
b: a hazardous substance to which Parts 11 to 15
c: a hazardous substance to which a notice or regulation under Part 11 Part 5
d: a product (including, but not limited to, a manufactured article, a waste product, or a manufacturing by-product) that is, contains, incorporates, or includes a hazardous substance.
3: The Authority may, by notice in the Gazette subsection (1)
4: The Authority may issue, amend, or revoke group standards under this section—
a: on its own initiative; or
b: on application by any person.
5: A notice issued under. this section is a regulation for the purposes of the Regulations (Disallowance) Act 1989 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
c: give public notice of where the group standard, amendment, or revocation can be inspected or purchased.
96C: When group standards may be issued or amended
1: Before issuing or amending group standards under section 96B
a: in the case of any hazardous substance to which section 96B(2)(a) Part 5
b: in the case of any hazardous substance to which section 96B(2)(b)
c: in the case of any hazardous substance to which section 96B(2)(c)
d: in the case of any product to which section 96B(2)(d)
i: the benefits associated with a reduction of environmental and health risks outweigh the economic costs associated with complying with the group standard; and
ii: 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
iii: the group standard is only applied to the extent that it is reasonably necessary to manage the risks of the products; and
e: where a group standard applies—
i: to 1 hazardous substance or product (described in section 96B(2)
ii: to more than 1 hazardous substance or product (described in section 96B(2)
f: consider the best international practices and standards for the safe management of hazardous substances and products (described in section 96B(2)
g: consider the types of controls appropriate for the group in accordance with sections 77, 77A, and 77B
h: in accordance with section 53
i: the proposal to issue or amend (as the case may be) group standards; and
ii: its assessment of the matters required under subsection (1)(a), (b), (c), (d), and (e)
2: Where the Authority proposes to issue, amend, or revoke group standards on its own initiative, sections 53 to 61
96D: Revocation of group standards
1: Before revoking group standards under section 96B section 53
2: Sections 54 to 61
96E: Effect of group standards
1: If a group standard applies to a hazardous substance or product, the substance or product must comply with the group standard.
2: However, in the case of a hazardous substance, if the hazardous 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) section 29
96F: Hazardous substances in group standards if Parts 11 to 15 apply
If Parts 11 to 15 section 96B
a: Parts 11 to 15
b: the hazardous substance is deemed to have been approved by the Authority on the date that the group standard comes into force.
26: Pre-commencement consultation on group standards
Consultation on group standards completed in accordance with sections 53 to 61 Hazardous Substances and New Organisms Act 1996
3: Amendments to
Parts 7 8 10 11
27: Enforcement of Act
1: Section 97(h)(iii) local authority territorial authority
2: Section 97
2: The chief executive of a regional council may—
a: enforce the provisions of this Act in or on those premises specified in subsection (1)(a) to (g) Resource Management Act 1991
b: enforce the provisions of this Act in or on those premises specified in subsection (1)(a) to (g) section 98
28: New section 97B inserted
The principal Act is amended by inserting, after section 97A
97B: Enforcement of Act in respect of hazardous substances in place of work
1: The enforcement agency must ensure that the provisions of this Act are enforced in respect of hazardous substances in a place of work.
2: For the purpose of complying with subsection (1) Health and Safety in Employment Act 1992
3: In this section,— enforcement agency Health and Safety in Employment Act 1992 inspector and place of work section 2(1) of the Health and Safety in Employment Act 1992
29: Offences
Section 109(1) paragraph (ea)
eb: fails to comply with a condition imposed under section 96B(1)(b) .
30: Penalties
Section 114(1) or paragraph (ea) or paragraph (eb)
31: Strict liability and defences
Section 117(1) or paragraph (e) or paragraph (eb)
32: New section 121 substituted
The principal Act is amended by repealing section 121
121: Application of
Customs and Excise Act 1996 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 section 209 of that Act
33: New section 122 substituted
The principal Act is amended by repealing section 122
122: Power to require hazardous substance to leave New Zealand
1: If a customs officer has reasonable cause to believe that a hazardous 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 imported 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
b: in the case of a hazardous substance that has been imported in breach of this Act and has been unloaded from a ship or aircraft, direct that the importer of the hazardous substance cause the hazardous substance to leave New Zealand at the importer's own cost and in accordance with the directions of the customs officer.
2: Subsection (1)(b) section 20 of the Customs and Excise Act 1996
3: In this section,— cost importer section 2(1) of the Customs and Excise Act 1996
34: Appeals
1: Section 125(1) paragraph (d)
da: revokes a test certificate under section 82C .
2: Section 125 subsection (2A)
2B: If a customs officer directs in accordance with section 122
35: Incorporation of material by reference
1: Section 141A(1) regulations or code of practice regulations, group standard, notice of transfer, or code of practice
2: Section 141A(1)(b)
a: omitting the words a code a group standard, notice of transfer, or code
b: omitting the words regulations or code regulations, group standard, notice of transfer, or code
3: Section 141A(2)
a: omitting the words regulations or a code of practice regulations, a group standard, a notice of transfer, or a code of practice
b: omitting the words regulations or code regulations, group standard, notice of transfer, or code
4: Section 141A(3)
a: omitting the words regulations or a code of practice regulations, a group standard, a notice of transfer, or a code of practice
b: omitting the words regulations or code regulations, group standard, notice of transfer, or code
5: Section 141A(4)
a: omitting the words regulations or a code of practice regulations, a group standard, a notice of transfer, or a code of practice
b: omitting the words a code a group standard, notice of transfer, or code
36: Notification of hazardous substances injuries
1: Section 143 subsection (1)
1: In this section,— hospital means section 58(4) of the Health and Disability Services (Safety) Act 2001 medical practitioner section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003
2: Section 143 subsection (2)
2A: 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 injury to the Medical Officer of Health.
3: Section 143(3) subsection (2) or subsection (2A)
37: Controls may be imposed for purposes of notice of transfer
Section 160B(2) sections 77 and 77A sections 77, 77A, and 77B