Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations, 2003

2003/185

Hazardous Substances and New Organisms (Personnel Qualifications) Amendment Regulations, 2003


Note

These regulations are administered in the Ministry for the Environment.


Pursuant to sections 76(1)(f) and 140(1)(o) 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 7 substituted
  • The principal regulations are amended by revoking regulation 7, and substituting the following regulation:

    7 Qualifications for hazardous substances enforcement officers
    • (1) Before appointing an enforcement officer to perform the enforcement functions specified in the warrant issued to that person under section 100 of the Act, the person making the appointment must be satisfied that the person to be appointed knows and is able to describe the following matters:

      • (a) in relation to the enforcement functions specified for that person,—

        • (i) the relevant hazard classifications:

        • (ii) the relevant adverse effects:

        • (iii) the controls that may be imposed:

        • (iv) transitional provisions (if any) in, or made under, the Act:

        • (v) the scope of approved codes of practice:

      • (b) the provisions of the Act that are relevant 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 a person charged with an offence under the Act; and

        • (iii) the penalties and liabilities imposed by the Act; and

        • (iv) the procedures for serving a compliance order; and

        • (v) the procedures under the Act for gathering evidence; and

        • (vi) the powers of entry for 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 the emergency powers under the Act.

      (2) The person making the appointment must also be satisfied that the person to be appointed knows and is able to describe and demonstrate, in relation to the enforcement functions specified for that person,—

      • (a) the common procedures and equipment used to comply with the controls that could be imposed; and

      • (b) the likely circumstances in which the procedures and equipment may not comply with the controls imposed; and

      • (c) the steps that should be taken to re-establish compliance with those controls.

      (3) The person appointed must also have had, in relation to the enforcement functions specified for that person, not less than 6 months' practical experience under the guidance of an enforcement officer.

      (4) To avoid doubt, where enforcement functions specified in a warrant relate to hazardous properties or hazard classifications, it is sufficient for the purposes of subclauses (1), (2), and (3) that the person appointed to perform the enforcement functions has the knowledge or experience—

      • (a) required for hazardous substances that generally—

        • (i) have those hazardous properties; or

        • (ii) are within the specified hazard classifications; but

      • (b) not necessarily in relation to each hazardous substance that—

        • (i) has those hazardous properties; or

        • (ii) is within the specified hazard classifications.

4 Transitional qualification for hazardous substances enforcement officers
  • (1) Regulation 8 of the principal regulations is amended by omitting the words During the period of 2 years from the commencement of these regulations, regulation 7 does not apply, and substituting the words Regulation 7 does not apply until 2 July 2004.

    (2) Regulation 8 of the principal regulations is amended by revoking subclause (2), and substituting the following subclause:

    • (2) A person to whom subclause (1) applies may be appointed as an enforcement officer to perform the enforcement functions—

      • “‘(a) specified in the warrant issued to that person under section 100 of the Act; and

      • “‘(b) for which he or she has, in the opinion of the person making the appointment, relevant inspection or enforcement experience.’”

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 and New Organisms (Personnel Qualifications) Regulations 2001 in relation to hazardous substances enforcement officers.

The effect of the amendments is to enable enforcement agencies and the Authority to appoint enforcement officers for enforcement functions that relate not just to specific hazardous substances, hazardous properties, or hazardous classification, but also to classes or groups of hazardous substances, hazardous properties, or hazard classifications.


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

Date of notification in Gazette: 31 July 2003.


  • 1 SR 2001/122