Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004

1: Title
1: This Act is the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004.
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 the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to facilitate the smooth transfer of hazardous substances from transitional controls to the appropriate control regime under the principal Act; and
b: to enable the Authority to assign cost-effective controls to hazardous substances.
2: Amendments to principal Act and related provisions
4: Delegation by Authority
Section 19(2)
h: the power to decide any application for any permission or licence under Part 6
i: any employee of the Ministry of Agriculture and Forestry, any Medical Officer of Health (as defined in section 2(1) of the Health Act 1956 section 97
ii: 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:
i: the power to decide any application for any licence under Part 6 section 84
5: New
section 77A The principal Act is amended by inserting, after section 77
77A: Authority's power to impose controls and vary specified controls
1: 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.
2: Without limiting anything in subsection (1)
a: in approving a substance, specify as a control under this section an obligation to obtain a permission under section 95A
b: in approving a substance, specify as a control under this section an obligation to obtain a licence under section 95B
3: Obligations and restrictions imposed under this section are controls for the purposes of this Act, and such controls may—
a: be additional to other specified controls; or
b: vary other specified controls; or
c: be in substitution for other specified controls; or
d: combine other specified controls; or
e: delete other specified controls.
4: Before imposing a control under this section, the Authority must be satisfied that, against any other specified controls that apply to the substance,—
a: the proposed control is more effective in terms of its effect on the management, use, and risks of the substance; or
b: the proposed control is more cost-effective in terms of its effect on the management, use, and risks of the substance; or
c: the proposed control is more likely to achieve its purpose.
5: In this section, other specified controls means controls imposed by or under any other section of this Act, and includes controls imposed by regulations made under this Act.
6: New
sections 95A 95B The principal Act is amended by inserting, after section 95 Permissions and licences
95A: Permissions
1: This section applies if the Authority approves a substance subject to an obligation referred to in section 77A(2)(a)
2: An application for a permission under this section must be made in a form approved by the Authority, and must be accompanied by the appropriate charge (if any) fixed under section 21
3: In considering an application, the Authority must consider—
a: the adverse effects involved in the use or uses of the substance to which the application relates; and
b: the conditions (if any) that it thinks should be imposed as part of the permission.
4: The Authority may grant a permission subject to any conditions it may specify in the permission that are consistent with the approval of the substance.
5: The holder of a permission granted under this section is authorised to use the substance specified in the permission in accordance with the approval of the substance and the holder's permission.
6: A permission granted under this section must be in writing and in a form approved by the Authority.
7: 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 conditions:
b: revoke a permission granted to the holder under this section.
95B: Licences
1: This section applies if the Authority approves a substance subject to an obligation referred to in section 77A(2)(b)
2: An application for a licence under this section must—
a: be made in a form prescribed by regulations referred to in subsection (4)
b: 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
b: may make the licence subject to any conditions it may specify in the licence.
4: Regulations made under section 76 or section 140
a: specify the criteria the Authority must consider in deter-mining whether the applicant is a fit and proper person:
b: specify any other matters that the Authority may consider in determining whether to grant a licence under this section:
c: prescribe the form of an application for a licence under this section:
d: provide for the variation of licences under this section and provide for their revocation:
e: provide for any other matters necessary for the administration 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.
7: Offences
Section 109(1) paragraph (e)
ea: fails to comply with a condition on a licence or permission granted under section 95A or section 95B .
8: Penalties
Section 114(1) or paragraph (e) or paragraph (ea)
9: Appeals
Section 125 subsection (1)
1A: A person may appeal to the District Court against—
a: a decision of the Authority, under section 95A
i: about the terms and conditions of a permission held by the person; or
ii: declining to grant the person a permission or revoking a permission held by the person; or
b: a decision of the Authority, under section 95B
i: about the terms and conditions of a licence held by the person; or
ii: declining to grant the person a licence or revoking a licence held by the person.
10: New
section 142A The principal Act is amended by inserting, after section 142
142A: Exemptions from approval requirements
1: Without limiting sections 160 and 160A Part 5
2: The Authority may grant an exemption under subsection (1)
a: the adverse effects of the substance are being adequately managed; and
b: the relevant requirements under Parts 11 to 16
3: An exemption under subsection (1)
a: be granted to or in respect of 1 or more of the following:
i: any person or persons:
ii: any premises or class of premises:
iii: any substance or group of substances:
b: be expressed to apply either particularly or generally.
4: The Authority must notify an exemption granted under sub-section (1)
a: specifying the effect, period, and conditions of the exemption in a public notice; and
b: 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.
5: The Authority may determine the form of public notices and other notifications under subsection (4)
6: This section expires on the expiry of Parts 11 to 16 and Schedule 7 section 152 subsection (1)
11: Exemptions from regulations
1: The heading to section 154 and provisions of Parts 11 to 16
2: Section 154
4: Without limiting the provisions of subsection (1) Parts 11 to 16
5: The Authority may grant an exemption under subsection (4)
6: Subsection (3) subsection (4)
7: The Authority must notify an exemption granted under subsection (1) or subsection (4)
a: specifying the effect, period, and conditions of the exemption in a public notice; and
b: 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.
8: The Authority may determine the form of public notices and other notifications under subsection (7)
12: New
sections 160A 160B The principal Act is amended by inserting, after section 160
160A: Notices of transfer relating to transitional matters
1: The Authority may from time to time, by notice in the Gazette
2: A notice of transfer may do 1 or more of the following:
a: provide that the substance or group of substances are no longer subject to the provisions of Parts 11 to 16
b: deem the substance or group of substances to have been assessed and approved by the Authority under section 29
c: deem the substance or group of substances to have the hazard classifications specified in the notice.
3: In every notice of transfer under this section, the Authority must specify 1 or more hazard classifications (as prescribed by regulations made under section 74
4: Unless varied under section 160B
5: However, if the substance is a compressed gas and the proper-ties of the gas that is compressed are not intrinsically hazardous,—
a: an approval under this Act is not required for the compressed gas; and
b: the requirement in subsection (3)
c: subsection (6)(a) hazardous substances compressed gases
d: unless varied under section 160B section 140(1)(c)
6: Before issuing a notice of transfer under this section, the Authority must—
a: consider the best international practices and standards for the safe management of hazardous substances; and
b: do everything reasonably practicable on its part to advise all persons, who in its opinion may be affected by the notice of transfer, of the proposed terms of the notice of transfer; and
c: give those persons a reasonable opportunity to make submissions and comments to the Authority on the proposed terms of the notice of transfer; and
d: consider all submissions and comments received.
7: Section 141A
8: A notice of transfer under this section is a regulation for the purposes of the Regulations (Disallowance) Act 1989 Acts and Regulations Publication Act 1989
160B: Controls may be imposed for purposes of notice of transfer
1: Before giving a notice of transfer under section 160A subsection (2)
2: For the purpose of subsection (1) sections 77 and 77A subsection (4)
a: with the necessary modifications; and
b: as if every reference in those sections to substance
3: Before varying or deleting any controls for the purpose of subsection (1)
4: Section 77A(4) subsection (1)
a: the control being varied on transfer relates to a previous management practice; or
b: the control being deleted on transfer existed under Parts 11 to 16
13: Other amendments to principal Act
The principal Act is amended in the manner set out in the Schedule.