Hazardous Substances and New Organisms Act 1996

140 Regulations

• (1) Subject to section 141 of this Act, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  • (a) Prescribing organisms as genetically modified organisms for the purpose of this Act:

  • (b) Prescribing organisms as organisms which are not genetically modified for the purposes of this Act:

  • (ba) prescribing organisms that are not new organisms for the purposes of this Act:

  • (c) Prescribing or providing for controls on compressed gases, whether intrinsically hazardous or not:

  • (d) Prescribing the method of estimating the quantity of any substance or organism to be imported or manufactured:

  • (e) Prescribing controls for any hazardous substance to avoid or mitigate any adverse effects on the physical or chemical nature of the environment:

  • (f) Prescribing controls to avoid or mitigate illness or injury to people or damage to the environment or chattels from any hazardous substance:

  • (fa) prescribing controls for any conditionally released new organism or any qualifying organism released with controls, to avoid or mitigate any adverse effects on the physical or chemical nature of the environment:

  • (fb) prescribing controls for any conditionally released new organism or any qualifying organism released with controls, to avoid or mitigate illness or injury to people or animals (other than the persons or animals referred to in section 38I(4)(a) and (b)) or damage to the environment or chattels:

  • (g) prescribing requirements to be met by a laboratory, and during the storage, importation, or transportation of any hazardous substance, for the purposes of section 33:

  • (h) Prescribing—

    • (i) Any species as a risk species where any subspecies, infrasubspecies, variety, strain, or cultivar of that species may have adverse effects on the health and safety of people or the environment; or

    • (ii) Any subspecies, infrasubspecies, variety, strain, or cultivar as a risk species where that subspecies, infrasubspecies, variety, strain, or cultivar may have adverse effects on the health and safety of people or the environment:

  • (i) Prescribing those offences under this Act that constitute infringement offences against this Act:

  • (j) Prescribing forms of infringement notices, and prescribing the infringement fees (not exceeding $1,000) for each infringement offence, which may be different fees for different offences.

  • (k) Prescribing countries or organisations for the purposes of sections 28, 31, 34, 38A, and 40 of this Act:

  • (l) Prescribing information to be provided with any application for approval:

  • (m) Prescribing forms for the purposes of this Act:

  • (n) Prescribing documentation to be issued in respect of any hazardous substance before importation into New Zealand:

  • (o) Prescribing qualifications for—

    • (i) Enforcement officers appointed under section 100 of this Act:

    • (ii) Test certifiers appointed under section 84 of this Act:

  • (p) Prescribing controls for by-products with hazardous properties, which result from the manufacture of any substance:

  • (q) Prescribing damage as serious environmental damage for the purposes of section 144 of this Act:

  • (r) Prescribing restrictions and prohibitions on the sale of specified fireworks:

  • (s) Providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

  (2) Regulations may only be made under subsection (1)(p) of this section where the Authority has notified the Minister that the Authority has reviewed the controls on any by-product with hazardous properties under this Act or any other Act and has satisfied itself that those controls are not sufficient to achieve the purposes of this Act.

  (2A) Regulations may be made under subsection (1)(ba) only if the Minister has considered—

  • (a) whether the organism has formed a self-sustaining population in New Zealand; and

  • (b) whether any person is attempting to manage, control, or eradicate the organism under any Act.

  (3) Any regulations made under this Act may provide for controls by reference to controls in regulations under any other Act:

  (4) Any regulations made under subsection (1) may require any person to obtain a test certificate at any specified time certifying that a specified requirement has been met.

  (5) Regulations made under subsection (1)(c) may prescribe or provide for controls on any compressed gases, whether or not the properties of any gas that is compressed are intrinsically hazardous, and those compressed gases must all be treated as hazardous substances for the purposes of Part 7 regardless of their properties.

  Subsection (1)(ba) was inserted, as from 30 October 2003, by section 53(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Subsection (1)(c) was amended, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7) by inserting the words “, whether intrinsically hazardous or not”.

  Subsection (1)(fa) and (fb) was inserted, as from 30 October 2003, by section 53(2) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Subsection (1)(g) was substituted, as from 2 July 2001, by section 34(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89). See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

  Section 140(1)(k): amended, on 20 September 2007, by section 8 of the Hazardous Substances and New Organisms Amendment Act 2007 (2007 No 61).

  Subsection (1)(k) was amended, as from 7 May 1999, by section 15(f) Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35) by substituting the expression “40” for the expression “39”.

  Subsection (2A) was inserted, as from 30 October 2003, by section 53(3) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Subsection (4) was inserted, as from 2 July 2001, by section 34(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89). See clause 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (2001/171).

  Subsection (5) was inserted, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).