HSNO Commencement Date Update

The NZCIC has asked the Minister for the Environment Marian Hobbs to confirm the
commencement date for the remainder of the HSNO Act 1996.

We understand the Ministry for the Environment and ERMA New Zealand
recommend July 2000 as being achievable, given the need to complete and
promulgate the regulations and train hazardous substances enforcement
officers.

We await the Minister's response, so watch this space!

Commencement of the HSNO ACT for Hazardous Substances

This note is to update stakeholders on ERMA New Zealand’s planning for the commencement of the HSNO Act for hazardous substances.

Minister’s Statement

In a statement dated 12 October 1999, the Minister for the Environment announced that a decision on a commencement date would be made by the incoming Government, after the General Election. The main reason for this is that there is now insufficient time to promulgate the regulations which underpin the implementation of the Act, prior to the election. However, the intention is to agree on the technical details of the regulations through the current Government. Thus, provided the incoming Government agrees, all that will remain to be done after the election will be to decide on the commencement date.

It is noted that the HSNO amendment bill (No 2) has now had its second reading and will thus be able to be referred to the appropriate Select Committee in the new Parliament.

Target date for planning purposes

It will obviously be the prerogative of the incoming Government to make a decision on the date for the commencement of the Act for hazardous substances. However, some sensible assumptions need to be made in the meantime so that agencies involved in or affected by HSNO (not just ERMA New Zealand) can continue with forward planning.

ERMA New Zealand’s view is that a sensible notional target date is 1 April 2000.

Our assessment is that it would be difficult to now start the Act prior to then. The principal reason is that all those agencies involved with HSNO will need a clear 6 week’s notice of commencement, so that statutorily required pre-cursor actions can be completed. Given the possible need for coalition talks and the likelihood that the normal summer break will occur in January, it is unlikely that a firm commitment could be made to a start date prior to early to mid February.

We are aware that there is a view in some quarters that commencement should be delayed until Amendment Bill No 2 is passed into law. ERMA New Zealand does not support this view for several reasons. The main reasons are:

  • Although the amendments will improve and streamline the processes set down in the Act, they are not fundamental to the Act functioning so as to achieve its purpose.

  • There are increasing difficulties apparent with the continuation of the existing processes which will be replaced by HSNO.

Immediate implications

The main impact of the delay in commencement will be to delay the finalisation of some of the policy and guidance documents being prepared by ERMA New Zealand. We cannot finalise some of these documents until we see the regulations in final legal form. This will particularly apply to:

  • The user guide on making a hazardous substance application
  • The user guide on thresholds and classifications
  • The user guide on controls
  • "Model" applications
  • Application forms

However, drafts for comment will still be released as soon as possible.

Other documents (eg revised and extended Protocols, Revised Fees and Charges) will continue to be released more or less as planned, ie within the current calendar year.

Further Information

Further updating information will be released as and when possible.

If you need further information immediately in connection with hazardous substances commencement, please contact us by phone, fax or email. The contact numbers are:

Phone: 04 473-8426
Fax: 04 473-8433
Email: enquiries@ermanz.govt.nz

Issued under the authority of:

The Chief Executive, ERMA New Zealand
14 October 1999

 

PROGRESS WITH THE IMPLEMENTATION OF THE HAZARDOUS SUBSTANCES AND NEW ORGANISMS ACT (1996)

15 October, 1999

The Hazardous Substances and New Organisms Act (HSNO) Amendment Bill has had its second reading in Parliament last week and has now been referred to the Transport and Environment Select Committee for further consideration.

The HSNO Act, a comprehensive piece of legislation, was passed by Parliament in 1996. It is already in force for new organisms. The commencement of the hazardous substances part of the Act was delayed until the completion of the necessary technical regulations.

In response to concerns expressed by various industry sectors, the NZCIC convened a panel of experts to review the regulations technical documents. The complexity of these regulations has required a rather lengthy and involved consultative process. However, the review identified where simple legislative and procedural changes could improve the application of the Act.

The regulations are extremely complex as they cover explosives, flammables, corrosives and oxidising substances and those which are toxic to people and the environment. We needed to address the tracking of the most hazardous substances, packaging, emergency management and disposal as well as the introduction of new substances into New Zealand.

Within the overall objective of improving the operability and efficiency of the Act, the Amendment Bill can be divided into three main areas:

  • Those amendments that are essential for the practical operation of the Act

  • Those amendments intended to reduce compliance costs and the time involved in gaining approvals

  • Those amendments intended to reduce the Environmental Risk Management Authority’s administration costs or provide it with more flexibility to effectively achieve the purposes of the Act

A copy of the Amendment Bill, together with an overview on the contents, is available here. It should be noted that each of the recommendations identified by the NZCIC’s Industry Review Group is included in the Bill. If each of these issues survives the Select Committee review, including the public consultation process, then industry will have achieved all of the improvements we seek.

The HSNO Act provides a highly advanced environmental risk management regime, tailored to New Zealand’s circumstances. These changes will ensure that we can deliver the desired environmental goals at the lowest possible cost, thereby ensuring the HSNO Act works as was originally intended.

Following the election, the appropriate Select Committee will consider the HSNO Amendment Bill. Interested individuals and organisations will have the opportunity to comment on these proposed changes at that time. The Bill is expected to be reported back to the House not later than mid-year.

The technical regulations needed for the hazardous substances part of the Act are close to being finalised by officials. It is anticipated that the Government can agree this month to the technical details for these regulations. This will allow legal drafting to proceed.

Regrettably, there will not be time to promulgate the large package of regulations before the election. Accordingly, the Minister plans to have the regulations completed and available to enable the incoming Government to take an early decision on the date for bringing the Act into force for hazardous substances.

Reference Enforcement Compliance Legislation Faq's Search Sitemap NZCIC