HSNO information sheet 4: Preparing for the new legislation
New rules for hazardous substances
Anyone who makes, uses, stores or imports hazardous substances should prepare for changes in the way these substances are regulated under the Hazardous Substances and New Organisms (HSNO) Act 1996. Under the new law the Environmental Risk Management Authority (ERMA) is responsible for assessing all hazardous substances and, if appropriate, placing controls on them.
The Act is coming into force in stages. The new organisms parts of the Act came into force in July 1998 (for more information on these parts of the Act, see Information Sheet no. 3 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, the existing laws and agencies will continue to cover hazardous substances.
Any substance notified, licensed or permitted under the current laws will continue to be useable under the new Act's transitional provisions. Effectively, there will be no change on their controls until the substances are progressively transferred over to the new Act. This process is carried out under the transitional provisions, described in Part XI of the Act.
On the date that the Act comes into force for hazardous substances, any hazardous substance not legally present in New Zealand under the current laws will be treated as a new substance under the Act. These substances will require assessment and approval from the Environmental Risk Management Authority. When the Act is in force anyone illegally importing or manufacturing a hazardous substance may be prosecuted.
Hazardous substances currently in use should therefore meet the requirements of the current laws discussed below. This will ensure that their use can continue under the transitional provisions of the new Act.
Toxic substances
Toxic substances are currently controlled by the Toxic Substances Act 1979, administered by the Ministry of Health. Toxic substances include:
- any poisonous or harmful substance;
- any pesticide;
- any substance that can destroy life or injure health if swallowed, inhaled, injected; or absorbed into the body; or
- any substance that can harm the environment.
Every person who imports, prepares, packs or sells products containing toxic substances must provide the Ministry of Health with information about that product. To notify a toxic substance, or for more information, contact the Safety and Regulation group of the Ministry of Health, phone (04) 496 2000.
Pesticides and animal remedies
Pesticides must be registered (or authorised by an experimental use permit) under the Pesticides Act 1979. Animal remedies must also be licensed. Information about the registration status of any pesticide or animal remedy can be obtained from the Agricultural Compounds Unit, Ministry of Agriculture, phone (04) 472 0367.
Dangerous goods
Substances that are flammable, capable of oxidising, or that are in compressed gas form, are called dangerous goods and are controlled under the Dangerous Goods Act 1974. If you have a place where you use or store more than small quantities of dangerous goods (including gases kept in pressure cylinders) this place must have a current Dangerous Goods licence.
For information on the current rules regarding dangerous goods, contact:
- the Dangerous Goods Officer at your local authority; or
- the Explosives and Dangerous Goods Officer at your local branch of Occupational Health and Safety, Department of Labour; or
- the Chief Inspector of Dangerous Goods, phone (09) 443 3815.
Explosives
Explosives include fireworks and emergency flares. The Explosives Act 1957 requires permits and licenses that cover importation, manufacture, sales, storage, transportation and work practices for handling explosives. Again, to comply with the Act these should be current. For more information contact:
- the Explosives and Dangerous Goods Officer at your local branch of Occupational Health and Safety, Department of Labour; or
- the Chief Inspector of Explosives, phone (09) 443 3815.
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 10-362
Wellington
Fax 04 917-7523
