Hazardous Substances and New Organisms Amendment Act 2000

1: Title
1: This Act is the Hazardous Substances and New Organisms Amendment Act 2000.
2: In this Act, the Hazardous Substances and New Organisms Act 1996 the principal Act
2: Commencement
This Act comes into force on a date to be fixed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made fixing different dates for different provisions and for different purposes.
3: Interpretation
1: Section 2(1) approved form section 11(fa) laboratory research and development
2: Section 2(1) premises premises
3: Section 2(1) public notice public notice
a: a method determined by the Authority under section 53A
b: if section 53A .
4: Precautionary approach
Section 7 sections 28A,
5: Powers, functions, and duties of Authority
Section 11 paragraph (f)
fa: approve forms for applications under Part V .
6: Delegation by Authority
1: Section 19(2)
c: the power to decide any application for permission or other matter under Parts XI to XVI
i: any employee of the Ministry of Agriculture and Forestry, or of any person specified in section 97
ii: if there is no employee with that relevant experience, any other person with that relevant experience, whether or not that person is a member of the Authority:
d: the power to conduct a rapid assessment under section 28A
e: the power to hear and decide any application made under section 31
f: the power to hear and decide an application made under section 83
g: the power to appoint an enforcement officer under section 99(3)(a)
2: Section 19
6: Every delegation under subsection (2)
7: Determination of new organism or hazardous substance
1: Section 26(1) , or (without limiting any regulations made under section 74(b)
2: The heading of section 26 or hazardous substance
8: Application for approval to import or manufacture hazardous substances
1: Section 28(1) Every person Unless an approval under section 28A section 29
2: Section 28(2) the prescribed form an approved form
9: New section 28A inserted
The principal Act is amended by inserting, after section 28
28A: Rapid assessment for importation or manufacture of hazardous substances
1: When the Authority receives an application under section 28
2: The Authority may approve a hazardous substance under this section if the Authority is satisfied that—
a: a substance having a similar composition and similar hazardous properties has been approved; or
b: the substance has one or more hazardous properties and each hazardous property has the least degree of hazard for that property.
3: Section 77 section 29
4: If the Authority does not approve a hazardous substance under this section the application under section 28 section 29
10: New section 29A inserted
Section 10 repealed 30 October 2003 16(2) Hazardous Substances and New Organisms Amendment Act 2003
11: Importing hazardous substances in containment
Section 30 paragraph (b)
ba: research and development on any hazardous substance; or. .
12: Application for hazardous substance containment approval
Section 31(2) the prescribed form an approved form
13: Decision on application
Section 32 subsection (2)
2: An approval under this section—
a: must include controls that provide for each of the applicable matters specified in the Third Schedule
b: may include controls that provide for any other matters in order to give effect to the purpose of this Act.
14: New section 33 substituted
The principal Act is amended by repealing section 33
33: Exemptions from Act for small-scale research on hazardous substances
Nothing in this Act applies to any small-scale use of hazardous substances in research and development or teaching if—
a: the use occurs in a laboratory that meets the prescribed requirements; and
b: the use does not create or involve a hazardous substance for which any application for approval has been declined under this Act; and
c: the importation, storage, and transportation of the hazardous substances each meets the prescribed requirements; and
d: No such hazardous substance, nor any substance created from that use, is sold as a substance or in a product containing or derived from that substance.
15: Application for approval to import or release
Section 34(2) the prescribed form an approved form
16: Application for containment approval for new organisms
Section 40(2) the prescribed form an approved form
17: Determination of application
Section 45 subsection (2)
2: An approval under this section—
a: must include controls that provide for each of the applicable matters specified in the Third Schedule
b: may include controls that provide for any other matters in order to give effect to the purpose of this Act.
18: Application for approval to use a hazardous substance or new organism in an emergency
Section 47(2) the prescribed form an approved form
19: Applications required to be publicly notified
1: Section 53(1)(a) , if the application has not been approved under section 28A
2: Section 53 subsection (2)
2: The Authority may, if it considers that there is likely to be significant public interest, publicly notify any application under section 40
a: import into containment any new organism or develop any new organism (other than a genetically modified organism) in containment; or
b: develop any genetically modified organism in containment, if that application has not been approved in accordance with section 42
20: New section 53A inserted
The principal Act is amended by inserting, after section 53
53A: Method of public notification
1: The Authority may, if it thinks fit, determine a method of public notification of the applications referred to in section 53
2: The method must, in the Authority's opinion, be a means of providing effective public notification at reasonable cost.
3: Before determining a method of public notification under subsection (1)
a: publicly notify the method it proposes to determine; and
b: allow the period of time that the Authority thinks fit for any person who may be affected by the proposed method to comment in writing to the Authority on whether the proposed method is reasonable; and
c: consider any comments made in accordance with paragraph (b)
4: 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) public notice section 2(1)
21: Further information
1: Section 58 subsection (1)
1A: Any report, advice, or other information obtained under subsection (1)
2: Section 58(2) 15 10
22: Time limits and waivers
1: Section 59(1) 35 28A or section
2: Section 59(1)(d) 25 30
3: Section 59(4) extend or reduce
4: Section 59(5) extend or reduce
23: Provisions relating to hearings
Section 61(5) the prescribed form an approved form
24: Grounds for reassessment of a substance or organism
Section 62(4) any of sections 28A,
25: Reassessment
Section 63(2)(a) under section 28A
26: New section 67A inserted
The principal Act is amended by inserting, after section 67
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.
27: Controls on hazardous substances
Section 77(1) 29 28A or section
28: Codes of practice
Section 78 subsection (1)
1: 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.
29: Codes may be approved by Authority
1: Section 79(2)(b) revocation or who have advised the Authority in writing that they wish to be consulted
2: Section 79 subsection (4)
30: Availability of codes
1: Section 80 subsection (1)
1: 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—
a: for inspection by members of the public free of charge; and
b: for purchase by members of the public at a reasonable price.
2: Section 80(2) and purchase
31: Processing applications for approval as test certifier
Section 84 subsection (7)
7: An approval expires on the earlier of the following dates:
a: 5 years after the date on which it is given:
b: the date of expiry (if any) specified by the Authority in the approval.
32: Co-ordination of inspection
Section 98 subsection (4)
33: Powers of entry for inspection
1: Section 103(1)(a) premises (excluding dwellings)
2: Section 103(2) paragraph (c)
c: take photographs and measurements and make sketches and recordings; and .
3: Section 103(2) paragraph (e)
ea: 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
eb: 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 .
4: Section 103 subsection (6)
6: An enforcement officer may take any person with relevant experience or expertise on to the premises to assist the officer with the inspection.
34: Regulations
1: Section 140(1) paragraph (g)
g: 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 .
2: Section 140
4: Any regulations made under subsection (1)
35: New section 141A inserted
The principal Act is amended by inserting, after section 141
141A: Incorporation of material by reference
1: The following material may be incorporated by reference into any regulations or code of practice:
a: standards, requirements, or recommended practices of international organisations:
b: 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 code), is too large or impractical to be printed as part of the regulations or code.
2: Any such material may be so incorporated in regulations or a code of practice either in whole or in part, and either unmodified or with such additions or variations as are specified in the regulations or code.
3: Any material incorporated in regulations or a code of practice by reference under subsection (1)
4: If any material is incorporated in regulations or a code of practice by reference under subsection (1)
a: for inspection by members of the public free of charge; and
b: for purchase by members of the public at a reasonable price— at such place or places as the Minister or the Authority appoints.
36: Expiry of transitional provisions
1: Section 152
1: Parts XI to XVI and the Seventh Schedule
a: the date that is 3 years after the commencement of those Parts:
b: the date specified in the most recent Order in Council (if any) made under subsection (1A)
1A: The Governor-General may, by Order in Council made at any time or times before the date that Parts XI to XVI and the Seventh Schedule subsection (1)
2: Section 152
4: The regulations referred to in section 161 Parts XI to XVI and the Seventh Schedule
37: Regulations relating to transitional provisions
1: Section 160(1)(a)(iii) under section 77 of this Act
2: Section 160 subsection (2)
2: A regulation made under subsection (1)(a) section 74 subsection (3)
3: A regulation made under subsection (1)(a)
a: any enactment repealed by this Act; or
b: any regulations made under any enactment repealed by this Act; or
c: the Transport Act 1962 Land Transport Act 1998
d: the Animal Remedies Act 1967
38: Transitional provisions - pesticides
The principal Act is amended by inserting, after section 164
164A: Protection of information
The protection given to information by Part IIIA of the Pesticides Act 1979
39: Application of this Part
Section 184
3A: Any toxic substance which, before the date of commencement of this Act was the subject of a notification under section 32 of the Toxic Substances Act 1979 section 160(1)(a)
40: Transitional provisions - toxic substances
The principal Act is amended by inserting, after section 184
184A: Protection of information
The protection given to information by Part IIA of the Animal Remedies Act 1967 Agricultural Compounds and Veterinary Medicines Act 1997
41: Schedule 3 Schedule 3 Part 1 Development and Field Testing of importing, developing, or field testing
42: Schedule 4 Schedule 4 Building Act 1991
43: Schedule 7 Schedule 7 Division 3 The term safety cartridge
a: the case of which can be extracted from the small arm after firing; and
b: that is closed in order to prevent an explosion in 1 cartridge being communicated to other cartridges. The term safety fuse
a: burns and does not explode; and
b: burns under all conditions of practical use at an approved even average rate; and
c: does not contain its own means of ignition; and
d: is of such strength and construction and contains an explosive in such quantity that the burning of the fuse will not communicate laterally to other like fuses. The term containing its own means of ignition This class is in 3 divisions, namely— Division 1: Division 2: Division 3