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Commencement of the hazardous substances provisions of the HSNO Act 1996

The following article has been provided by ERMA New Zealand

Many substances commonly used by farmers, growers and others in the agricultural sector have come under new management with the commencement of the hazardous substances part of the Hazardous Substances and New Organisms Act (HSNO) 1996 and the Agricultural Compounds and Veterinary Medicines (ACVM) Act 1997.

As of 2 July 2001, all registered pesticides and licensed animal remedies with hazardous properties have become part of a comprehensive new regime covering hazardous substances from the time they are imported or manufactured right through to disposal of residues.

The HSNO Act also applies to many other substances used by the agricultural, horticultural and related communities. These include things as diverse as diesel, explosives and the cleaning compounds used in dairy sheds. In fact, if it is a hazardous chemical it will probably be covered by the new Act.

The HSNO Act represents a major step forward in protecting people’s health and the environment from the harmful effects of many substances essential in our daily lives. Across the community these range from household bleach to fireworks, petrol, pesticides and major industrial chemicals. Without good management, they can explode, catch fire, poison us, or pollute the environment.

This country has already notched up too many cases of careless or ill-informed use of chemicals. We have seen people being left with ongoing health concerns. We have seen landowners or the Government left with expensive problems, such as the contaminated site at Mapua, to clean up.

One central agency, the Environmental Risk Management Authority (ERMA), now makes decisions on which new hazardous substances can be introduced to New Zealand and will set a range of controls, in conjunction with the ACVM Group of MAF to ensure that they are used safely.

A key feature of the new system is that New Zealanders will now have input into the process of assessing and setting controls on hazardous substances new to the country. This was not possible under previous laws.

So, what will all of this mean for farmers and growers? The answer is not a lot in the short term. Those manufacturing, using or transporting hazardous substances such as registered pesticides already legally present in this country can expect pretty much business as usual for awhile.

The 2 July commencement date is of  most immediate relevance to importers and manufacturers of new hazardous substances. They will now need ERMA New Zealand approval before they can introduce new substances. However, most major players are already well aware of the new controls and have been acting to make sure that their house is order.

Meanwhile ERMA New Zealand (and the ACVM Group for agricultural compounds and veterinary medicines) need to work through the process of transferring many thousands of existing substances to the new system before any changes in the way they are controlled will take effect.

The first transfers are expected to take  place over the next two years and will cover dangerous goods, explosives and pesticides. However, once ERMA New Zealand starts approving applications to introduce new substances, it will impose controls on these substances under the HSNO Act, with which people  must comply.

A series of agencies, led by the Occupational Safety and Health Service, Ministry of Health and territorial authorities, with oversight from ERMA New Zealand, will work together to ensure effective enforcement of the new controls. It should mean there is no duplication, overlap or gap in enforcement.

The transfer period will provide an opportunity for many large and small businesses to get up to speed with the new system.

There will be plenty of ways people can do this, ranging from a website at www.hsno.govt.nz , to seminars and workshops, to guidance material developed by the Ministry for the Environment and ERMA New Zealand, and advice from the agencies that already have experts in this field. For farmers, planning is underway for a special set of seminars on the HSNO Act and Resource Management Act. Watch for one of these in your area.

The Ministry for the Environment administers the HSNO Act and should therefore be a primary contact for information about the Act itself, including details of the Act and amendments) as well as general policy direction.

The HSNO Act is fundamentally different from the laws it replaces, such as the Dangerous Goods Act, the Explosives Act and the Toxic Substances Act. It has more in common with the Resource Management, Building, and the Health & Safety in Employment Acts.

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