Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003

1: Title
1: This Act is the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003.
2: In this Act, the Hazardous Substances and New Organisms Act 1996 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on a day to be appointed by the Governor-General by Order in Council.
3: Purpose
The purpose of this Act is to enable New Zealand to comply with the Stockholm Convention on Persistent Organic Pollutants.
2: Amendments to principal Act
4: Interpretation
Section 2(1) environmentally sound disposal Gazette Article 6 persistent organic pollutant
a: means a substance listed in Schedule 2A
b: includes a substance containing 1 or more of those substances; but
c: does not include a substance occurring in quantities as unintentional trace contaminants in products and articles 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 IAA; and
b: includes any amendments to, or substitutions of, the Convention or the Annexes that are, or will become, binding on New Zealand.
5: Powers, functions, and duties of Authority
Section 11 paragraph (fa)
fb: give directions as to the disposal of persistent organic pollutants:
6: Delegation by Authority
Section 19(2) paragraph (c)
ca: the power to grant an extension of an exemption under section 25C(2)
i: any employee of a person specified in section 97
ii: if there is no employee with relevant experience, any other person with relevant experience, whether or not that person is a member of the Authority:
7: New
sections 25A to 25D The principal Act is amended by inserting, after section 25
25A: Prohibition of import, manufacture, or use of persistent organic pollutants
1: No persistent organic pollutant is to be imported or manufactured, and no approval is to be issued to import or manufacture a persistent organic pollutant, except as provided by—
a: section 29B
b: section 30(a)
c: section 30(ba)
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
25B: Prohibition on storage of persistent organic pollutants
1: A persistent organic pollutant must not be stored in New Zealand.
2: However, subsection (1)
a: a persistent organic pollutant (other than polychlorinated biphenyls) stored in accordance with conditions specified by the Authority by notice in the Gazette
b: a persistent organic pollutant in respect of which storage is specified in Schedule 2A
25C: Continuation of certain exemptions under
Toxic Substances Regulations 1983
1: For the purposes of sections 25A and 25B and Schedule 2A regulation 491 or regulation 49J of the Toxic Substances Regulations 1983
a: on the same terms and conditions as in force at that time; and
b: until the expiry of—
i: the exemption; or
ii: an extension of the exemption (being not later than the close of 2016).
2: The Authority may grant an extension of an exemption for the purposes of subsection (1)(b)(ii)
25D: Use of persistent organic pollutants imported or manufactured before commencement of Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003
1: 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 Gazette
3: This section does not prevent approvals being granted under—
a: section 30(a)
b: section 30(ba)
8: New
section 29B The principal Act is amended by inserting, after section 29A
29B: Applications relating to persistent organic pollutants
1: An application to import a persistent organic pollutant may be granted,—
a: if a use for the persistent organic pollutant is specified in Schedule 2A
b: if no use for the persistent organic pollutant is specified in Schedule 2A
2: An application to manufacture a persistent organic pollutant may be granted if manufacture for the persistent organic pollutant is specified in Schedule 2A
9: Importing hazardous substances in containment
Section 30 paragraph (a)
a: small amounts of any hazardous substance for use as analytical standards where—
i: approval to import or manufacture that substance has been declined; or
ii: the substance is a persistent organic pollutant; or.
10: Exemptions from Act for small-scale research on hazardous substances
Section 33
ba: the use does not create or involve a persistent organic pollutant; and.
11: New
section 66A The principal Act is amended by inserting, after section 66
66A: Disposal of persistent organic pollutants
If Schedule 2A
a: no person may use the substance; and
b: the Authority may issue a direction, by notice in the _ Gazette
12: Offences
Section 109(1) paragraph (a)
aa: imports, manufactures, uses, or stores a persistent organic pollutant in contravention of this Act; or.
13: Penalties
Section 114(1) paragraph (a) or paragraph (aa)
14: Strict liability and defences
Section 117(1) paragraph (a) or paragraph (aa)
15: New
sections 140A 140B The principal Act is amended by inserting, after section 140
140A: Persistent organic pollutants
1: The Governor-General may, by Order in Council, amend Schedule 2A
a: add any hazardous substance that exhibits the characteristics of a persistent organic pollutant as specified in the Stockholm Convention:
b: include or amend a use for a persistent organic pollutant:
c: include or amend a date on the close of which a use included under paragraph (b)
2: An Order in Council made under subsection (1)
140B: Schedule 1AA may be amended or substituted
The Governor-General 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:
b: revoke Schedule 1AA
16: Procedure for making Orders in Council
Section 141(1) section 140(1)(i), (j), (m), or (n) or section 140A
17: New
section 152A The principal Act is amended by inserting, after section 152
152A: Expiry of transitional provisions in relation to persistent organic pollutants
1: Parts 11 to 13 Schedule 7
a: the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 to a hazardous substance that is a persistent organic pollutant at the commencement of that Act:
b: an Order in Council made under section 140A(1)(a) Schedule 2A
2: On the expiry, under subsection (1) Parts 11 to 13 Schedule 7 Part 5
18: New Schedule 1AA inserted
The principal Act is amended by inserting, before Schedule 1 Schedule 1
19: New
Schedule 2A The principal Act is amended by inserting, after Schedule 2 Schedule 2