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Hazardous Substances and New Organisms Act 1996  030
ANALYSIS

Analysis
Title
1 Short Title and commencement

I: Preliminary
2 Interpretation
3 Act to bind the Crown

II: Purpose of Act
4 Purpose of Act
5 Principles relevant to purpose of Act
6 Matters relevant to purpose of Act
7 Precautionary approach
8 Treaty of Waitangi
9 Methodology to be used

III: Powers, Functions, and Duties
10 Powers, functions, and duties of Minister
11 Powers, functions, and duties of Authority
12 Powers, functions, and duties of enforcement officers
13 General duty

IV: Environmental Risk Management Authority
14 Establishment of Authority
15 Membership of Authority
16 Eligibility for appointment as member of Authority
17 Compliance with policy directions
18 Further provisions applying in respect of Authority
19 Delegation by Authority
20 Obligation to prepare and maintain register
21 Charges
22 Payments in advance
23 Fees for local authorities
24 Power to request information

V: Assessment of Hazardous Substances and New Organisms

Prohibition of Import, Etc., and Types of Approval
25 Prohibition of import, manufacture, development, field testing, or release
26 Determination of new organism
27 Types of approval

Approvals for Hazardous Substances
28 Application for approval to import or manufacture hazardous substances
29 Determination of applications

Containment Approvals for Hazardous Substances
30 Importing hazardous substances in containment
31 Application for hazardous substance containment approval
32 Decision on application
33 Exemptions from provisions of Act for small-scale chemistry

Assessment of New Organisms for Importation or Release
34 Application for approval to import or release
35 Rapid assessment of risk for importation of new organisms
36 Minimum standards
37 Additional matters to be considered
38 Determination of applications to import or release

Containment Approval for New Organisms
39 Importation or development of new organisms in containment

unt,3>Containment Approval for New Organisms
40 Application for containment approval for new organisms

Containment Approval for New Organisms
41 Assessment of adverse effects of developing genetically modified organisms
42 Rapid assessment of adverse effects for development of genetically modified organisms
43 Additional matters to be considered when application made for developing new organisms in containment
44 Additional matters to be considered on applications for importing and field testing of organisms
45 Determination of application

Use of Hazardous Substances and New Organisms in Emergencies
46 Meaning of emergency
47 Application for approval to use a hazardous substance or new organism in an emergency
48 Determination of applications
49 Exemptions from provisions of Act in emergencies

Prohibited List Organisms
50 Prohibited organisms

Transhipment
51 Transhipment of substances and organisms

Procedure for Assessment
52 Applicant may be required to provide further information
53 Applications required to be publicly notified
54 Submission on application
55 Information held on behalf of applicant
56 Consideration of information withheld under Official Information Act 1982
57 Authority to withhold information
58 Further information
59 Time limits and waivers
60 Obligation to hold hearing
61 Provisions relating to hearings
62 Grounds for reassessment of a substance or organism
63 Reassessment
64 Suspension of approvals during reassessment
65 No compensation following reassessment
66 Requirement for disposing of substances
67 Authority to direct disposal of new organisms

Minister's Call-in Powers
68 Minister's power to call in applications with significant effects
69 Notification of Minister's direction
70 Minister may appoint persons
71 Conduct of inquiry by Authority
72 Authority to report to Minister
73 Minister to decide application and notify decision

VI: Controls

Hazard Classification System
74 Establishment of hazard classification system
75 Regulations prescribing hazard classification control
76 Requirements for containers, identification, disposal, emergencies, tracking, and fireworks
77 Controls on hazardous substances
78 Codes of practice
79 Codes may be approved by Authority
80 Availability of codes
81 Proof of code

Test Certifiers
82 Issue of test certificates by test certifiers
83 Applications for approval as test certifier
84 Processing applications for approval as test certifier
85 Register of test certifiers
86 Complaints to Authority

Transferable Permits
87 Establishment of transferable permit scheme
88 Authority to recommend establishment
89 Transferable permit scheme and variation of controls
90 Transfer of permits
91 Contents of transferable permits
92 Modification of permits
93 Registration of scheme
94 Transferable permit not to be mortgaged
95 Prohibition on import or manufacture until transferable permit obtained

Environmental User Charges
96 Report on environmental user charges

VII: Inspection, Enforcement, and Ancillary Powers

Inspection
97 Enforcement of Act
98 Co-ordination of inspection
99 Supervision of inspection
100 Appointment of enforcement officers
101 Duty of territorial authorities
102 Building Act 1991
103 Powers of entry for inspection

Compliance Orders
104 Scope of compliance order
105 Compliance with compliance order
106 Form and content of compliance order
107 Service of compliance order
108 Cancellation of compliance order

Enforcement
109 Offences
110 Infringement offences
111 Commission of infringement offence
112 Infringement notices
113 Entitlement to infringement fees
114 Penalties
115 Liability of employers and principals
116 Liability of directors and officers of bodies corporate
117 Strict liability and defences
118 Fines to be paid to territorial authority instituting prosecution
119 Search warrants
120 Dealing with property seized by enforcement officers
121 Powers in respect of prohibited imports
122 Power to refuse entry to hazardous substance
123 Declaration that organism not genetically modified
124 Responsibilities of carrier and person in charge of any craft

VIII: Appeals
125 Appeals
126 Appeal on question of law
127 Notice of appeal
128 Right to appear and be heard on appeal
129 Parties to appeal before High Court
130 Orders of High Court
131 Additional appeals on points of law
132 Extension of time
133 Date of hearing
134 Appeals to Court of Appeal

IX: Emergencies
135 Interpretation
136 Declaration of emergency
137 Emergency powers
138 Compensation for property requisitioned or destroyed
139 Protection of enforcement officers and persons

X: Miscellaneous Provisions
140 Regulations
141 Procedure for making Orders in Council
142 Relationship to other Acts
143 Notification of hazardous substances injuries
144 Reporting of incidents
145 Ombudsmen Act 1975 amended
146 Authority to be Crown entity
147 Additional matters to be included in statement of intent
148 Additional reporting requirements
149 Amendments to other Acts
150 Repeals and revocations

XI: Transitional Provisions
151 Interpretation
152 Expiry of transitional provisions
153 Exemption in case of licence application
154 Exemptions from regulations
155 Applications made under transitional provisions
156 Offences against Parts XI to XVI
157 Defences
158 Suspension and cancellation of licences
159 Continuation of Pesticides Board and Toxic Substances Board
160 Regulations relating to transitional provisions
161 Regulations saved
162 Reassessment of substances and organisms

XII: Transitional Provisions
163 Interpretation
164 Application of this Part
165 Sale, importation, and use of pesticides
166 Labelling
167 Advertisements
168 Review and revocation of registration
169 Transfer of proprietors' rights
170 Sale of pesticides in bulk
171 Warranties
172 Pesticide register
173 Regulations relating to all pesticides
174 Regulations relating to controlled pesticides
175 Interpretation
176 Restrictions on use of controlled pesticides
177 Qualifications for approved operator licence
178 Dealing with applications
179 Effect of licences
180 Duration of licences
181 Variation of terms and conditions of licences
182 Register of approved operators

XIII: Transitional Provisions
183 Interpretation
184 Application of this Part
185 Restrictions on sales of deadly poisons and dangerous poisons
186 Sale and packing of poisons
187 Further restrictions on sale of poisons
188 Containers
189 Custody of poisons and harmful substances
190 Storage of poisons and harmful substances
191 Packing of poisons and harmful substances
192 Restriction on possession and use of deadly poisons and dangerous poisons
193 Control of advertisements
194 Disposal of surplus poisons to other user or licensee
195 Exemptions for pharmacists
196 Exemptions for veterinary surgeons
197 Exemptions for certain other persons
198 Exemptions for agents and employees
199 Applications for licences
200 Dealing with applications
201 Effect of licences
202 Duration of licences
203 Records of sales
204 Register
205 Interpretation
206 Packing of imported toxic substances
207 Notice to be given of imported toxic substances
208 Application of toxic substances regulations

XIV: Transitional Provisions
209 Interpretation
210 Application of this Part
211 Restrictions on storage and use of dangerous goods
212 Restrictions on containers
213 Containers of dangerous goods to be specially marked
214 Pumps for reselling dangerous goods
215 Restrictions on use of gases in balloons
216 Phosphorus matches
217 Licensing of premises for storage of dangerous goods
218 Provisional licences
219 General provisions as to licences
220 Renewal of licences
221 Continuing application of dangerous goods regulations

XV: Transitional Provisions
222 Interpretation
223 Classification of explosives
224 Application of this Part
225 Importation of explosives
226 Permit for importation of fireworks
227 Licence to manufacture explosives
228 Factory not to be altered without consent of Authority
229 Fireworks not to be sold to persons under 14 years of age
230 Application of following sections
231 Explosives not to be sold without licence
232 Restriction on sale of fireworks
233 Sale of explosives
234 Storage of explosives
235 Certain explosives not to be carried without consent of Authority
236 Licence required to carry certain explosives
237 Carriage of explosives in vehicles or vessels carrying passengers
238 Firework displays
239 Private storage
240 Conditions of licence
241 Public magazines
242 Private magazines
243 Private magazine not to be altered without consent
244 Danger buildings
245 Notices on danger buildings
246 Repairs or alterations to danger buildings
247 Protective clothing, etc.
248 Employment of young persons in danger buildings
249 Packing and marking of explosives
250 Handling of explosives
251 Abandonment or disposal of explosives
252 Damaged, defective, or unsafe explosives
253 Continuation of regulations

XVI: Transitional Provisions

Animals
254 Animals
255 Zoological gardens
256 Hamsters
257 Approvals for genetically modified organisms

Plants
258 Import permits
259 Micro-organisms lawfully in use

Schedule(s)

1 FIRST SCHEDULE: Provisions Relating to Environmental Risk Management Authority
2 SECOND SCHEDULE: Prohibited New Organisms
3 THIRD SCHEDULE: Matters to be addressed by Containment Controls for development and field testing of genetically modified organisms
4 II: Matters to be addressed by Containment Controls for new organisms Excluding genetically modified organisms
5 III: Matters to be addressed by Containment Controls for contained hazardous substances
6 FOURTH SCHEDULE: Enactments Amended
7 FIFTH SCHEDULE: Enactments Repealed
8 SIXTH SCHEDULE: Regulations and Orders Revoked
9 SEVENTH SCHEDULE: Controlled Pesticides
10 B: Toxic Substances
11 C: Dangerous Goods
12 D: Explosives

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