Hazardous Substances (Classes 6, 8, and 9 Controls) Amendment Regulations 2003

2003/178

Hazardous Substances (Classes 6, 8, and 9 Controls) Amendment Regulations 2003


Note

These regulations are administered in the Ministry for the Environment.


Pursuant to section 75(1)(d), (e), and (f) 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.

1 Title
2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 New regulation 4A inserted
  • The principal regulations are amended by inserting, after regulation 4, the following regulation:

    4A Regulations not to apply to substances used in combat or training for combat
    • These regulations do not apply to a substance when the substance—

      • (a) is used in combat or training for combat; or

      • (b) is on a vehicle, ship, or aircraft that is authorised to carry the substance in combat or training for combat.

4 New Schedule 1 substituted
  • The principal regulations are amended by revoking Schedule 1, and substituting the new Schedule 1 set out in the Schedule.


Schedule
New Schedule 1 substituted

r 4

Schedule 1
Quantities of certain class 6, 8, and 9 substances that must be under control of approved handler or secured

r 9

Class of substanceQuantity
6.1A, 6.1B, 6.1C (except for propellant powders of classes 1.1C (UN 0160) and 1.3C (UN 0161)Any quantity
6.7A10 kg or more, if solid
 10 L or more, if liquid
8.2AAny quantity
9.1A, 9.2A, 9.3A, and 9.4AAny quantity
Propellant powders of classes 1.1C (UN 0160) and 1.3C (UN 0161)50 kg or more before sale to the public
 15 kg or more after sale to the public

Marie Shroff,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, amend the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001 (the principal regulations)—

  • by inserting a new regulation 4A to exempt from the principal regulations substances when they are used in combat or training for combat or when they are on vehicles, ships, or aircraft that are authorised to carry the substances in combat or training for combat:

  • by substituting a new Schedule 1, which prescribes quantities of substances that must be under the control of an approved handler or secured. The new quantities in the Schedule relate to propellant powders of classes 1.1C (UN 0160) and 1.3C (UN 0161). The quantities are: 50 kg or more before sale to the public; and 15 kg or more after sale to the public. The previous schedule required any amount of those substances to be under the control of an approved handler or secured.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 31 July 2003.


  • 1 SR 2001/117