HSNO information sheet 2: What is a hazardous substance?
Hazardous substances
A hazardous substance is any material that can harm people or the environment. Hazardous substances are an essential part of our daily lives. For example, dishwasher detergents, methylated spirits, bleaches and petrol can all be dangerous or poisonous. The long-term environmental effects of many common substances have become known only recently.
Many substances have more than one dangerous characteristic. Methylated spirits is toxic and flammable, for example. Under the current system, each characteristic has different requirements for labelling, packaging and transport. These requirements can be contradictory and add to users’ costs without improving safety.
Definition
Under section 2(1) of the Hazardous Substances and New Organisms (HSNO) Act 1996, a hazardous substance is any substance that has one of the following properties:
- an explosive nature;
- flammability;
- ability to oxidise (i.e. to accelerate a fire);
- corrosiveness;
- acute or chronic toxicity;
- ecotoxicity, with or without bioaccumulation (i.e., can kill living things either directly or by building up in the environment); or
- ability to generate a hazardous substance on contact with air or water.
A substance is hazardous only if the level of any of these properties is above a threshold defined in regulations made under section 74 of the Act. Wherever possible, thresholds have been based on internationally recognised measures. The Act also controls compressed gas containers whether or not the gas itself is hazardous. Compressed gases are controlled under section 140.
Radioactive material (such as cobalt for treating cancer patients) will continue to be covered by the Radiation Protection Act 1965. Ozone depleting substances (for example, chlorofluorocarbons used in refrigeration) are controlled under the Ozone Layer Protection Act 1996.
Assessment of hazardous substances
The Environmental Risk Management Authority (ERMA), will be responsible for assessing and approving hazardous substances, and where appropriate, setting controls on the way the substance is used (see Information Sheet no.7 for the Authority’s assessment process).
A single approval from the Authority can cover a narrow or wide range of products with hazardous properties (see section 2(2) of the Act).
Applicants can decide whether they want to seek a single approval to cover a range of products (e.g. a group of similar paints) or to cover a very precisely defined product such as a specific pesticide. A broad definition will allow one approval to cover a range of products, treating them as a single substance. Controls are likely to be set to meet the most hazardous properties of any substance in the range. A narrowly defined approval might cover only a single product. If the exact specification of the product is commercially sensitive, information about its specification is protected under the Official Information Act 1982 (see Information Sheet no.10).
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
