Reprintas at 23 September 2004
Silvia Cartwright, Governor-General
At Wellington this 28th day of May 2001
Present:Her Excellency the Governor-General in Council
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These regulations are administered by the Ministry for the Environment.
Pursuant to sections 75 and 76 of the Hazardous Substances and New Organisms Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council (given on the recommendation of the Minister for the Environment made in compliance with section 141(1) of that Act), makes the following regulations.
4 Tracked substances to be recorded throughout lifecycle
5 Recording system for tracked substances
6 Transfer of tracked substance
7 Exclusions from these regulations
Schedule 1Hazard classifications of substances requiring tracking
Schedule 2Information to be included in record of tracked substance
These regulations are the Hazardous Substances (Tracking) Regulations 2001.
These regulations come into force on 2 July 2001.
In these regulations, unless the context otherwise requires,—
Act means the Hazardous Substances and New Organisms Act 1996
approved handler has the same meaning as in the Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001
class 1 substance has the same meaning as in the Hazardous Substances (Classification) Regulations 2001
person in charge, in relation to any place, has the same meaning as in the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001
place has the same meaning as in the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001
tracked substance means a hazardous substance that has 1 or more hazard classifications listed in Schedule 1 (not including those substances listed in paragraphs (a) to (g) of that schedule)
treatment, in relation to a hazardous substance, includes incorporating the substance into any other substance or product.
Regulation 3 tracked substance: amended, on 23 September 2004, by regulation 3 of the Hazardous Substances (Tracking) Amendment Regulations 2004 (SR 2004/254).
(1) The location and movement of every tracked substance must be recorded at each stage of its lifecycle in accordance with these regulations.
(2) Before uplifting a tracked class 1 substance that has been imported into New Zealand, the importer must give to the New Zealand Customs Service—
(a) written notice of the quantity of the substance to be uplifted, and the date and place of uplifting; and
(b) a certificate, signed by or on behalf of the Authority, that the substance has an approval under section 29 of the Act.
Regulation 4(2): amended, on 23 September 2004, by regulation 4 of the Hazardous Substances (Tracking) Amendment Regulations 2004 (SR 2004/254).
(1) The person in charge of the place where a tracked substance is present must ensure that a record is kept of the information specified in Schedule 2.
(2) The record must meet the location and presentation requirements specified in Part 2 of the Hazardous Substances (Identification) Regulations 2001.
(3) The person in charge of the place where a tracked substance has been but is no longer present must ensure that the record is retained for a period of,—
(a) if the substance has been transferred to another place, 12 months from the date of transfer; and
(b) if the substance has undergone treatment that results in it no longer being a tracked substance, or has been intentionally or unintentionally disposed of, 3 years from the date of treatment or disposal.
(4) Subclause (3) does not apply to a person in charge of a place that is a vehicle.
Regulation 5(4): added, on 23 September 2004, by regulation 5 of the Hazardous Substances (Tracking) Amendment Regulations 2004 (SR 2004/254).
The person in charge of a place where a tracked substance is present may transfer the substance to another place only if he or she has received confirmation that—
(a) an approved handler at the other place holds a test certificate as an approved handler of the substance, and is prepared to accept responsibility for the substance; and
(b) the other place has a test certificate for the amount and hazard classification of the substance, if so required by the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 or the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001; and
(c) any place where the substance is to be held during transit to the other place complies with—
(i) the requirements of the Hazardous Substances (Emergency Management) Regulations 2001; and
(ii) to the extent relevant, the requirements for a transit depot in the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001.
(1) These regulations do not apply to—
(a) any substance that is required for the motive power or control of, and is contained within the fuel system, electrical system, or control system of, a vehicle, aircraft, or ship; or
(b) any fuel gas supplied or used in a distribution system, gas installation, or gas appliance that is subject to the Gas Act 1992.
(2) In this regulation—
distribution system has the same meaning as in section 2(1) of the Gas Act 1992
fuel gas means any fuel that is supplied through pipes or in containers and is a gas at 15°C and at 101.3 kPa absolute pressure; and includes—
(a) biogas, coal gas, natural gas, oil gas, producer gas, refinery gas, reformed natural gas, and liquefied petroleum gas; and
(b) any gaseous substance that the Governor-General declares by Order in Council to be a gas for the purposes of the Gas Act 1992; and
(c) any gas that is of a composition that complies with regulations made under the Gas Act 1992 for use as a fuel
gas appliance has the same meaning as in section 2(1) of the Gas Act 1992
gas installation has the same meaning as in section 2(1) of the Gas Act 1992.
All class 1 substances, except the following:
(a) safety ammunition, including pre-primed cartridges and primers, of class 1.4S; and
(b) airbag initiators and seatbelt pretensioners of classes 1.4G and 1.4S; and
(c) cable cutters of class 1.4S (UN 0070); and
(d) power device cartridges of class 1.4S (UN 0323); and
(e) signal or shock tubes of class 1.4 (UN 0349); and
(f) cassette degradation devices of class 1.4S (UN 0432); and
(g) beyond their point of sale to the public,—
(i) fireworks in classes 1.3G, 1.4G, and 1.4S that are subject to the Hazardous Substances (Fireworks) Regulations 2001; and
(ii) emergency flares and signalling devices in classes 1.3G, 1.4G, and 1.4S; and
(iii) model rocket motors in classes 1.4G and 1.4S; and
(iv) propellants in classes 1.3C (UN 0161 and UN 0449) and 1.1C (UN 0160), in amounts of less than 15 kg; and
(v) gunpowder of class 1.1D (UN 0027), in amounts of less than 15 kg; and
(vi) igniting fuzes of class 1.4G (UN 0317); and
(vii) igniters of class 1.4S (UN 0454).
Schedule 1: amended, on 28 August 2003, by regulation 3 of the Hazardous Substances (Tracking) Amendment Regulations (SR 2003/184).
1 If an approved handler is required to be in charge of the tracked substance under the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 or the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001, the identity of the approved handler who is in control of the tracked substance, including—
(a) the name of the person; and
(b) the position of the person within his or her organisation; and
(c) the physical address of the place of work of that person; and
(d) the hazard classifications of, and each phase of the lifecycle of, those hazardous substances for which that person has a test certificate as an approved handler, as required by the Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001, and the date on which that test certificate lapses or must be renewed.
2 The unequivocal identification of the tracked substance.
3 The total amount of the tracked substance that the approved handler is in control of at any one time.
4 The location of the tracked substance, with sufficient particularity to enable an enforcement officer to—
(a) identify the exact location of the substance within 2 minutes of having obtained the record; and
(b) physically locate the substance or its container at the place described in the record within 1 hour of arriving at the place or within the time specified in any emergency response plan required under the Hazardous Substances (Emergency Management) Regulations 2001, whichever is the shorter.
5 If a tracked substance is transferred to another place in accordance with regulation 6,—
(a) the unequivocal identification and amount of the substance transferred; and
(b) the address of the place, the identity of the approved handler who will be in control of the substance at that place, and the position of that approved handler within his or her organisation; and
(c) the date on which the transfer occurred.
6 If a tracked substance has been disposed of,—
(a) the manner of disposal; and
(b) the date on which the disposal occurred; and
(c) the amount of the substance disposed of; and
(d) the location of the place where the substance was disposed of.
Martin Bell,Acting for Clerk of the Executive Council.
Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 31 May 2001.
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the Hazardous Substances (Tracking) Regulations 2001. The reprint incorporates all the amendments to the regulations as at 23 September 2004, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section” and “of this Act”)
“of this section”
“of this Act”
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)
“the 1st day of January 1999”
“1 January 1999”
•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
Hazardous Substances (Tracking) Amendment Regulations 2004 (SR 2004/254)
Hazardous Substances (Tracking) Amendment Regulations 2003 (SR 2003/184)