HSNO Information sheet 5: Who is responsible for the new Act?
Who is responsible for implementing the new Act?
The Hazardous Substances and New Organisms (HSNO) Act 1996 is administered by the Ministry for the Environment. However, the implementation of the Act is the responsibility of the new Environmental Risk Management Authority and its support agency, ERMA NZ.
The Authority is an independent regulatory authority responsible for its own decisions and for meeting the reporting requirements of the Public Finance Act 1989. It is similar to other regulatory authorities such as the Civil Aviation Authority and the Building Industry Authority.
The Authority’s key tasks are:
- operating a public assessment process to approve and impose controls on hazardous substances and new organisms (Part V of the Act);
- monitoring compliance and enforcement of the Act (section 11 and Part VI); and
- promoting safe management of hazardous substances and new organisms (section 11).
The Authority is already responsible for assessing new organisms, and deciding on appropriate controls. When the hazardous substances parts of the Act are in force, it will also be responsible for assessing and imposing controls on hazardous substances.
The Authority provides a public source of information on the Act and on the steps needed to comply with the new law. It also has information on the effects of hazardous substances and new organisms, and the controls placed on them, whether these controls are imposed through the HSNO Act or through other Acts.
Except in a few specialised cases, the Authority is not directly responsible for enforcing the Act. This is done through existing enforcement agencies, such as the Occupational Safety and Health Service (Department of Labour), local government, the Police, and the Ministry of Agriculture.
The Authority is made up of eight people who have knowledge and experience with hazardous substances and new organisms, their effects and how they are used. This group is supported by a Chief Executive and a Secretariat that provides administrative support and technical advice. The Authority is able to form committees to address technical and other issues, and to hear specific applications.
Who is the Authority responsible to?
The Authority is an independent regulatory authority responsible for its own decisions. It is accountable to the Minister for the Environment and to Parliament, and is required to provide Parliament with annual reports.
The Minister’s powers
The Minister for the Environment cannot give directions to the Authority on applications for approvals. In some circumstances the Minister may call in an application and make a decision on the application (sections 68 to 73). In these cases the Authority will conduct an inquiry and make recommendations to the Minister. The Minister may also appoint people with specialist knowledge to help the Authority provide advice (section 70).
The Minister may also direct the Authority to do certain things to give effect to any Government policy on hazardous substances and new organisms (section 17). This may include taking particular matters into account when advising on regulations or working with international organisations.
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
