HSNO information sheet 1: What happens after the Act becomes law for hazardous substances?
A new law
The Hazardous Substances and New Organisms Act 1996 was enacted on 10 June 1996. The new organisms parts of the Act came into force in July 1998 (for more information on these parts of the Act, see the third information sheet in this series).
The hazardous substances parts of the Act are not yet in force, as they require completion of a comprehensive “toolbox” of regulations that give effect to the Act. Until they are in force, existing laws governing hazardous substances and all of their regulations continue in force, after which time those laws will be repealed. The relevant laws are:
- Dangerous Goods Act 1974
- Explosives Act 1957
- Toxic Substances Act 1979
- Pesticides Act 1979
The people and agencies with responsibilities under those Acts will also continue to operate as usual until the hazardous substances parts of the Act have been brought into force.
What is happening now?
In preparation for the hazardous substances parts of the Act coming into force:
- The Ministry for the Environment, in consultation with others, has been developing Regulations to make the Act work in practice; and
- The Environmental Risk Management Authority (ERMA), the new authority responsible for assessing and approving hazardous substances and new organisms, has been preparing to implement the new law. This includes developing the methodology used for assessing hazardous substances.
What are the regulations?
The regulations are the rules and controls through which the new Act operates in practice. The Ministry for the Environment has worked with other key government agencies, regional and district councils, and technical experts to develop these regulations.
The process of developing regulations began in November 1994 when the Ministry for the Environment published the discussion paper “Proposals for Regulations under the Hazardous Substances and New Organisms Bill”. Public submissions on this document were requested, and 115 written submissions were received. The Ministry then sought detailed comment from a wide range of people nominated as technical experts in their field(s), on a series of draft proposals for regulations. These draft proposals were reviewed by a panel of industry experts in 1999, and are now being legally drafted.
What will the regulations deal with?
The key areas covered by regulations will be:
- Definitions of what is (and what is not) a hazardous substance (section 74(b));
- Classification of substances according to the nature and degree of hazard (section 74(a));
- Specification of direct controls on each hazardous property (section
75), including:
- acceptable levels of exposure to the hazard such as the acceptable amount of heat from a fire that a person may be exposed to, or acceptable amounts of ecotoxic substances in the environment; and
- requirements to stop a hazard occurring such as keeping ignition sources away from flammable materials;
- Specification of requirements that apply across the life cycle of
the hazardous substance (section 76). These are requirements for:
- packages including strength, resistance to contents, closures etc
- containers including fixed tanks, truck and rail tank wagons
- identification such as labels and datasheets
- the conditions to be met when disposing of a substance
- emergency management systems such as first aid information or fire fighting equipment
- tracking systems for highly hazardous substances such as high explosives
- the knowledge and skill to be required of persons who will be handling highly hazardous substances;
- Controls on compressed gases (gas cylinders) (section 140 (1) (c));
- Requirements for laboratories and associated systems (handling hazardous substances) otherwise exempt from the legislation (section 140 (1) (g));
- Special requirements for fireworks available to the public, e.g. for Guy Fawkes Day (section 140 (1) (r));
- Qualifications for enforcement officers and test certifiers (section 140 (1)(g)); and
- Information (section 140(1)(l)), Forms (section 140(1)(m)) and Documentation (section 140 (1) (n)).
What will the Environmental Risk Management Authority (ERMA) do?
The Environmental Risk Management Authority and its support agency ERMA New Zealand will be responsible for a number of tasks, including:
- undertaking assessments and approvals of hazardous substances;
- advising the Minister for the Environment on the control of hazardous substances (including regulations);
- ensuring that compliance procedures (such as inspections, audits, and prosecutions) are working properly; and
- undertaking the transfer of existing hazardous substances to the new controls.
What is the methodology?
The methodology describes the process that the Authority will use to assess hazardous substances. It must be applied consistently to each assessment carried out under Part V of the Act. The methodology was developed through a public consultation process similar to that for the regulations.
What should we be doing?
If you are a manufacturer or importer of hazardous substances, make sure that you comply with the current legislation. The transition to the new legislation will be easier if your current products are in New Zealand legally under existing legislation (e.g., notified under the Toxic Substances Act). If this is not the situation when the Hazardous Substances parts of the HSNO Act come into force, you risk prosecution and will need to have these products assessed under the Act.
Further information
For further information access the ERMA New Zealand website, or contact:
Dr S.R. Vaughan
Project Manager
Tel. 04 917-7404
Hazardous Substances and New Organisms Reform
Ministry for the Environment
PO Box 10362
Wellington
Fax 04 917-7523
