HSNO information sheet 6: How is the new Act enforced?
Enforcement of the Hazardous Substances and New Organisms Act 1996
The Hazardous Substances and New Organisms (HSNO) Act 1996 became law in June 1996. The new organisms parts of the Act came into force in July 1998, but the hazardous substances parts still require the completion of a comprehensive “toolbox” of regulations that give effect to the Act.
The Act creates a new environment for managing hazardous substances, introducing animals, plants and microbes, and developing genetically modified organisms.
New organisms enforcement
Enforcement of the introduction of new organisms into New Zealand occurs at the border. This is carried out by Customs and the Ministry of Agriculture and Forestry (MAF). MAF uses its powers under the Biosecurity Act to fulfil its role, because it is not a HSNO enforcement agency until the hazardous substances parts of the Act are in force.
MAF also makes sure that controls that are placed on experiments and restricted field trials of new organisms by ERMA are complied with.
Hazardous substances enforcement
When the hazardous substances part of the Act is started, most people will notice very little change in inspections and checks on hazardous substances. For the first few years, it will be business as usual, because many regulations from the old legislation will continue to be operative during the transitional period of the HSNO Act. For example, until existing dangerous goods are transferred to the HSNO Act, territorial authorities will continue to issue dangerous goods licenses.
After the transition, the new Act makes divisions of responsibility clear. The agency that is currently responsible for a particular area will continue to be responsible for checking standards and enforcing them in that area. For example, the Police will still check trucks to ensure that loads are properly packed and secured, and Occupational Safety and Health inspectors will continue to check workplaces. The difference is that all agencies will now be responsible for enforcing the full range of hazardous substances in their area of enforcement. For example, where the Ministry of Health dealt with mainly toxic substances, it will now be required to protect public health from the effects of flammable and explosive substances.
How does the Act affect local authorities?
Territorial authorities (city and district councils) cover any area not covered by other authorities, such as public places and residential areas (section 97). They will use the provisions of the HSNO Act 1996 to do this directly.
There is also provision for other agencies to agree with territorial authorities that the territorial authority will enforce the Act in places where those agencies normally operate (section 98(3)). The effect would be similar to the way dangerous goods inspectors operate at present.
Territorial authorities will also continue to inspect and renew dangerous goods licenses under the transitional provisions (section 97(h)(iv)).
Who will ensure that the Act is enforced correctly?
The Environmental Risk Management Authority has the important role of overseeing the enforcement activity of the other agencies to avoid duplication or gaps in the system (sections 98 and 99). Except in a few special cases the Authority will not be involved directly with enforcement.
Prosecutions
Anyone can initiate a prosecution under the HSNO Act 1996. For some offences it is not necessary to show that a person intended to commit an offence (section 117). Every person with some form of responsibility for an action or event constituting an offence may be held responsible, from directors and general managers to shop floor workers (sections 115 and 116). The Act also provides defences for circumstances where it is not necessary to prove intention (section 117).
Penalties available under the Act include fines of up to $500,000 and up to three months imprisonment. Courts may also require offenders to meet clean up and recovery costs (section 114).
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
