Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001

Reprint as at 19 May 2016

Coat of Arms of New Zealand

Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001

(SR 2001/122)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 28th day of May 2001

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for the Environment.

Pursuant to sections 76 and 140 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.

Regulations

1 Title

These regulations are the Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001.

2 Commencement

These regulations come into force on 2 July 2001.

3 Interpretation

In these regulations, unless the context otherwise requires,—

approved handler means a person who holds a current test certificate certifying that the person has met the requirements of these regulations in relation to an approved handler for 1 or more hazard classifications or hazardous substances

average eyesight has the same meaning as in regulation 3 of the Hazardous Substances (Identification) Regulations 2001

electro-explosive device has the same meaning as in Part 3 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

emergency response plan means an emergency response plan prescribed under the Hazardous Substances (Emergency Management) Regulations 2001

test certifier means a person who has a current approval as such under section 84 of the Act

tracked substance has the same meaning as in the Hazardous Substances (Tracking) Regulations 2001.

Approved handlers

4 Test certificates for approved handlers

(1)

A test certificate as an approved handler must be issued on the condition that it applies only in respect of particular phases of the life cycles of—

(a)

a hazardous substance, or combination of hazardous substances; or

(b)

hazardous substances with 1 or more hazard classifications—

as specified in the certificate.

(2)

A test certificate as an approved handler must state the name of the approved handler, and his or her residential and work contact information (such as a street address and telephone number).

(3)

A test certificate as an approved handler remains valid for a period of 5 years from the date of issue.

(4)

Before issuing a test certificate as an approved handler, the test certifier must be satisfied that the handler meets the qualifications specified in regulation 5.

(5)

Before renewing an existing test certificate as an approved handler, the test certifier must be satisfied that the handler meets the qualifications specified in regulation 5 in respect of any changes to working practices, regulations, or codes of practice which have occurred since the previous certificate was issued.

Regulation 4(3): amended, on 23 September 2004, by regulation 3 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2004 (SR 2004/257).

5 Qualifications for approved handlers

(1)

Before being appointed as an approved handler, a person must know and be able to describe the following matters:

(a)

the hazard classifications of those hazardous substances for which he or she is to be an approved handler:

(b)

the adverse effects that could be caused by each of those substances:

(c)

the controls that are imposed under the Act in respect of those substances:

(d)

his or her obligations and liabilities under the Act as an approved handler, including—

(i)

the purpose and principles of the Act; and

(ii)

the offence and defence provisions of the Act; and

(iii)

the penalties and liabilities imposed by the Act; and

(iv)

the effect of a compliance order:

(e)

which regulations apply in respect of those substances, and where those regulations can be obtained:

(f)

any conditions of his or her test certificate as an approved handler:

(g)

if regulations require a person handling a hazardous substance to comply with a code of practice approved by the Authority, that code of practice:

(h)

the precautions required to prevent injury to a person or damage to the environment by any of those substances:

(i)

the procedures to adopt in an emergency involving those substances.

(2)

The person must also know and be able to demonstrate a working knowledge of the operating equipment (including protective clothing and equipment) necessary to manage those hazardous substances for which he or she is to be an approved handler.

(3)

A written record that—

(a)

is signed by the provider of a course of instruction or a work supervisor; and

(b)

describes the method used to assess a person’s knowledge and practical skills and the results of that assessment—

is sufficient evidence on which a test certifier may decide whether or not to issue a test certificate as an approved handler to that person.

Regulation 5(1)(g): substituted, on 23 September 2004, by regulation 4 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2004 (SR 2004/257).

6 Transitional qualification for approved handlers

(1)

This regulation applies to a person who establishes that he or she, during the whole of a qualifying period referred to in subclause (2), has been handling a hazardous substance, or any other substance with similar hazardous properties, in the relevant phase of its life cycle under 1 or more of the following enactments:

(a)

Animal Remedies Act 1967:

(b)

Dangerous Goods Act 1974:

(c)

Explosives Act 1957:

(h)

Pesticides Act 1979:

(i)

Toxic Substances Act 1979:

(j)

Parts 12 to 15 of the Act.

(2)

For the purposes of subclause (1), a qualifying period is any consecutive 2-year period commencing on or after the date that is 2 years before the commencement of these regulations and ending on or before the date that is 5 years after the commencement of these regulations.

(3)

A person to whom this regulation applies is regarded as an approved handler of the hazardous substance concerned, and also of any substance with similar hazardous properties, for 2 years from—

(a)

the date specified in a transfer notice made under section 160A of the Act for the transfer of the substance; or

(b)

the commencement date of the Hazardous Substances (Fireworks, Safety Ammunition, and Other Explosives Transfer) Regulations 2003, if those regulations apply to the substance.

Regulation 6: substituted, on 23 September 2004, by regulation 5 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2004 (SR 2004/257).

Licences for approved handlers

Heading: inserted, on 23 September 2004, by regulation 6 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2004 (SR 2004/257).

6A Licence applications

An applicant for a licence under section 95B of the Act must—

(a)

be 17 years or over; and

(b)

be a fit and proper person to possess the substance concerned; and

(c)

meet the relevant test certification requirements that apply to the substance under section 82 of the Act; and

(d)

require possession of the substance to carry out his or her work.

Regulation 6A: inserted, on 23 September 2004, by regulation 6 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2004 (SR 2004/257).

6B Criteria for fit and proper person test

(1)

For the purposes of determining whether or not an applicant is a fit and proper person to possess the substance concerned (as required by section 95B(3)(a) of the Act), the Authority must have regard, and give such weight as the Authority considers appropriate, to the following matters:

(a)

the applicant’s criminal history (if any), whether in New Zealand or elsewhere:

(b)

any pending criminal proceedings against the applicant, whether in New Zealand or elsewhere:

(c)

any protection order made against the applicant under the Domestic Violence Act 1995:

(d)

any other court order made against the applicant, whether in New Zealand or elsewhere, that is, or may be, relevant to the application:

(e)

the applicant’s behavioural history, including any history of violence, drug abuse, or alcohol abuse:

(f)

any information collected in the course of a Police investigation that relates to the applicant’s conduct:

(g)

any matters disclosed to the Authority by the Police in relation to the application, including any objection to the issue of a licence.

(2)

In the case of proceedings referred to in subclause (1)(b), the Authority may defer consideration of the application until the proceedings have been determined.

(3)

The Authority is not limited to the matters specified in subclause (1), and may seek, receive, and take into account any other information or evidence that the Authority considers relevant.

(4)

If the Authority proposes to take into account any information that is, or may be, prejudicial to the applicant, the Authority must give the applicant a reasonable opportunity to refute or comment on it.

(5)

Subclause (4) does not require the Authority to disclose any information that would be likely to endanger the safety of any person.

(6)

If, in reliance on subclause (5), the Authority decides to withhold information from the applicant, the Authority must inform the applicant of his or her right to seek a review of that decision by an Ombudsman under the Official Information Act 1982.

Regulation 6B: inserted, on 23 September 2004, by regulation 6 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2004 (SR 2004/257).

6C Expiry of licence

(1)

A licence issued under section 95B of the Act expires on whichever of the following dates occurs first:

(a)

the date specified in the licence as the date of expiry:

(b)

5 years from the date on which the licence was issued:

(c)

the date on which the applicant’s test certificate as an approved handler expires:

(d)

the date of notification referred to in subclause (2):

(e)

the date on which the licence was revoked under regulation 6E.

(2)

A person may surrender his or her licence at any time, by forwarding written notification to that effect, together with the licence, to the Authority.

Regulation 6C: inserted, on 23 September 2004, by regulation 6 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2004 (SR 2004/257).

6D Suspension of licence

(1)

The Authority may, by written notice to the licence holder, suspend the person’s licence if satisfied that—

(a)

the licence application, or any declaration made in respect of the application, included information that may have been false or misleading; or

(b)

the licence holder has become the subject of a Police investigation; or

(c)

the licence holder has been charged with an offence under any enactment, whether in New Zealand or elsewhere; or

(d)

the licence holder is the subject of, or referred to in, advice given to the Authority by the Director of the New Zealand Security Intelligence Service under section 4(1)(ba) or section 4H of the New Zealand Security Intelligence Service Act 1969; or

(e)

the licence holder’s actions indicate that the person may no longer be a fit and proper person to hold the licence.

(2)

On notice of the suspension of the licence—

(a)

the licence holder must immediately return the licence to the Authority; and

(b)

the licence ceases to have effect for the period of suspension.

(3)

The period of suspension must be no longer than is reasonably necessary to enable the Authority to—

(a)

investigate the accuracy of the information; and

(b)

consider whether, in light of that investigation, the licence holder continues to meet the requirements of regulation 6A.

(4)

On completion of the Authority’s investigation and consideration, the Authority must either—

(a)

return the licence to the licence holder (if satisfied that the holder continues to meet the requirements of regulation 6A); or

(b)

revoke the licence under regulation 6E.

Regulation 6D: inserted, on 23 September 2004, by regulation 6 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2004 (SR 2004/257).

Regulation 6D(4)(a): amended, on 1 November 2012, by regulation 4 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2012 (SR 2012/283).

6E Revocation of licence

(1)

The Authority may, by written notice to the licence holder, revoke the person’s licence if satisfied that—

(a)

the licence application, or any declaration made in respect of the application, included false or misleading information; or

(b)

the licence holder has been convicted of an offence under any enactment, whether in New Zealand or elsewhere; or

(c)

the licence holder’s actions indicate that the person is no longer a fit and proper person to hold the licence.

(2)

On notice of the revocation of the licence, the licence holder must immediately return the licence to the Authority.

Regulation 6E: inserted, on 23 September 2004, by regulation 6 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2004 (SR 2004/257).

Hazardous substances enforcement officers[Revoked]

Heading: revoked, on 19 May 2016, by regulation 4 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2016 (LI 2016/79).

7 Qualifications for hazardous substances enforcement officers
[Revoked]

Regulation 7: revoked, on 19 May 2016, by regulation 4 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2016 (LI 2016/79).

8 Transitional qualification for hazardous substances enforcement officers
[Revoked]

Regulation 8: revoked, on 1 November 2012, by regulation 6 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2012 (SR 2012/283).

New organisms enforcement officers

9 Qualifications for new organisms enforcement officers

(1)

Before being appointed as an enforcement officer in relation to new organisms, a person must know and be able to describe the following matters:

(a)
[Revoked]

(b)

the controls that may be imposed on an approval for any category of new organism under section 45 of the Act in relation to the matters specified in Schedule 3 of the Act, if the person is to be appointed to enforce the provisions of the Act in relation to that category of organism:

(c)

the circumstances in which the procedures and equipment described in subclause (2) are likely to or may fail to comply with the controls imposed, and the steps that should be taken to re-establish compliance:

(d)

the significance and effects of the inclusion of an organism as a prohibited new organism in Schedule 2 of the Act:

(e)

the relationship between the Act and the Biosecurity Act 1993:

(f)

the provisions of the Act that are of relevance to enforcement officers, including—

(i)

the purpose and principles of the Act; and

(ii)

the offence provisions of the Act, and the defences available to persons charged with an offence under the Act; and

(iii)

the penalties and liabilities imposed by the Act; and

(iv)

the procedure for serving a compliance order; and

(v)

the procedures under the Act for gathering evidence; and

(vi)

the powers of entry or inspection and the procedures to be followed when exercising those powers; and

(vii)

the circumstances in which a search may be conducted, and the procedures for conducting a search; and

(viii)

the procedures for declaring an emergency, and the extent of emergency powers.

(2)

The person must also know, and be able to describe and demonstrate, the common procedures and equipment used to meet the controls imposed for any new organism in relation to the matters specified in Schedule 3 of the Act, if the person is to be appointed to enforce the provisions of the Act in relation to that category of organism.

(3)

The person must also know the procedures for determining—

(a)

the nature of the organism; and

(b)

whether or not the organism is a new organism.

Regulation 9(1)(a): revoked, on 1 November 2012, by regulation 7(1) of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2012 (SR 2012/283).

Regulation 9(3): replaced, on 1 November 2012, by regulation 7(2) of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2012 (SR 2012/283).

10 Transitional qualification for new organisms enforcement officers

(1)

Regulation 9 does not apply to an inspector appointed under the Biosecurity Act 1993 who has been continually undertaking inspection or enforcement duties under that Act before the date on which the regulations revoked by regulation 12 came into force (being 8 December 2000).

(2)

A person to whom subclause (1) applies is qualified for and may be appointed as an enforcement officer in relation to any new organism for which he or she has inspection or enforcement experience.

Regulation 10(1): amended, on 1 November 2012, by regulation 8 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2012 (SR 2012/283).

Test certifiers

11 Qualifications for test certifiers

(1)

Before being appointed as a test certifier, a person must know and be able to describe the following matters:

(a)

the hazard classifications of any hazardous substances in relation to which he or she issues test certificates:

(b)

the adverse effects that could be caused by each of those substances:

(c)

the controls that are imposed under the Act on those substances:

(d)

his or her obligations and liabilities under the Act, including—

(i)

the purpose and principles of the Act; and

(ii)

the offence and defence provisions of the Act; and

(iii)

the penalties and liabilities imposed by the Act; and

(iv)

the effect of a compliance order; and

(v)

the provisions applicable to test certificates:

(e)

the requirements or conditions imposed in accordance with Part 3 of Schedule 3 of the Act for which the test certifier may issue a test certificate:

(f)

any codes of practice relating to any hazardous substances for which he or she issues test certificates.

(2)

The person must also know and be able to describe and demonstrate—

(a)

the use of any testing equipment or procedures (including normal operations, calibration, and record keeping) required for the issue of test certificates; and

(b)

the use of commonly used operating equipment and systems (including protective clothing and equipment) that is necessary to meet any requirement for which a test certificate is to be issued.

(3)

The person must also have either—

(a)

a minimum of 2 years of practical experience of actively undertaking—

(i)

the testing, inspection, enforcement, or handling of substances or equipment, or the design of equipment, regulated under the Hazardous Substances and New Organisms Act 1996; or

(ii)

the operation of systems or equipment for which the test certifier may issue test certificates; or

(b)

a minimum period of between 3 months and 24 months (to be specified by the Authority) of practical experience under the supervision of a test certifier covering the types of equipment or qualifications or situations for which the person will issue test certificates.

(4)

In deciding whether or not to approve a person as a test certifier, the Authority may regard as sufficient evidence a written record,—

(a)

in the case of the requirements specified in subclause (1) or (2), signed by a person who has trained or assessed the person and describing the method of assessment of the knowledge and practical skills of the person, and the results of that assessment; or

(b)

in the case of the requirements specified in subclause (3)(a), signed by the person’s supervisor or an enforcement officer, or included in a statutory declaration by the person describing the person’s practical experience; or

(c)

in the case of the requirements specified in subclause (3)(b), signed by the person’s supervisor describing the person’s practical experience.

Regulation 11(3)(a): replaced, on 1 November 2012, by regulation 9 of the Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations 2012 (SR 2012/283).

Miscellaneous

12 Revocation

The Hazardous Substances and New Organisms (Qualifications for Enforcement Officers) Regulations 2000 (SR 2000/261) are revoked.

Martin Bell,
Acting for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 31 May 2001.

Reprints notes
1 General

This is a reprint of the Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.