Hazardous Substances (Compressed Gases) Amendment Regulations 2004

2004/255

Hazardous Substances (Compressed Gases) Amendment Regulations 2004


Note

These regulations are administered in the Ministry for the Environment.


Pursuant to section 140(1)(c) 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, 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 Interpretation
  • (1) Regulation 3 of the principal regulations is amended by repealing the definition of AS 2337.1, and substituting the following definition:

    AS 2337.1 means the Australian standard on Gas cylinder test stations. Part 1: General requirements, inspections and tests—Gas cylinders.

    (2) Regulation 3 of the principal regulations is amended by inserting in paragraph (b) of the definition of compressed gas, after the word solvent, the words at a.

    (3) Regulation 3 of the principal regulations is amended by omitting from paragraph (c)(vii) of the definition of compressed gas container the expression 170 kPa, and substituting the expression 170 millilitres.

    (4) Regulation 3 of the principal regulations is amended by repealing the definition of LPGITA, and substituting the following definition:

    LPGITA means the UK LP Gas Association..

4 New regulation 4 substituted
  • The principal regulations are amended by revoking regulation 4, and substituting the following regulation:

    4 Application of regulations to certain pressure equipment
    • (1) The provisions of these regulations, other than the provisions applied by subclause (2), do not apply to pressure equipment to which the Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999 apply.

      (2) Parts 1, 8, and 9 apply, with the necessary modifications, to that pressure equipment.

5 Reference temperatures
  • Regulation 7 of the principal regulations is amended by omitting so much of the table as relates to low pressure liquefiable gas, and substituting, in the appropriate columns, the following items:

    Low pressure liquefiable gasNot exceeding 25057.5
     Exceeding 250 but not exceeding 50052.5
     Exceeding 500 but not exceeding 1 00052.5
     Exceeding 1 000 but not exceeding 5 00050
     Exceeding 5 000 but not exceeding 26 00045
     Exceeding 26 00040
6 Design verification of cylinders
  • Regulation 15 of the principal regulations is amended by revoking subclauses (1) and (2), and substituting the following subclauses:

    • (1) A person may apply to a design verifier for a design verification certificate for a cylinder.

    • (2) The application must—

      • (a) include all relevant specifications, including technical drawings and calculations; and

      • (b) refer to a design standard referred to in regulation 10 or regulation 11 relating to the design of a cylinder.

7 Manufacture of cylinders
  • (1) Regulation 16 of the principal regulations is amended by revoking paragraph (a), and substituting the following paragraph:

    • (a) manufacture the cylinder to a design—

      • (i) for which a design verification certificate has been obtained under regulation 15; and

      • (ii) that complies with a design standard referred to in regulation 10 or regulation 11 relating to the design of a cylinder; and.

    (2) Regulation 16 of the principal regulations is amended by adding the word ; and and also by adding the following paragraph:

    • (e) not supply cylinders to a retailer unless the manufacturer has provided to the retailer, under paragraph (c), copies of the relevant manufacturing certificate for those cylinders.

8 New regulation 18 substituted
  • The principal regulations are amended by revoking regulation 18, and substituting the following regulation:

    18 Restrictions on imported cylinders
    • (1) A person who imports a cylinder or a batch of cylinders into New Zealand must obtain a test certificate under regulation 19 for each cylinder.

      (2) An importer to whom subclause (1) applies must not supply cylinders to a retailer unless the importer has first obtained the appropriate test certificate.

9 Clearance of imported cylinders
  • (1) The heading to regulation 19 of the principal regulations is amended by omitting the words Clearance of, and substituting the words Test certificate for.

    (2) Regulation 19 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:

    • (1) A person who imports a cylinder or a batch of cylinders into New Zealand must apply for and obtain a test certificate from a test certifier.

    (3) Regulation 19 of the principal regulations is amended by revoking subclauses (3) and (4), and substituting the following subclause:

    • (3) A test certifier may issue a test certificate for the cylinders to which the application relates only if satisfied that—

      • (a) the markings on the cylinders comply with Part 6; and

      • (b) any conditions on the cylinder design verification certificate relating to the cylinders have been satisfied; and

      • (c) the cylinders would pass the tests in regulation 22(2)(b).

10 New regulation 20 substituted
  • The principal regulations are amended by revoking regulation 20, and substituting the following regulation:

    20 Requirement for pre-commissioning certificate
    • A person must not use or supply an imported or manufactured cylinder of a design that has not been previously imported into, or manufactured in, New Zealand unless the person has first obtained a pre-commissioning certificate under regulation 22.

11 Cylinder valves
  • (1) Regulation 27(1) of the principal regulations is amended by inserting, after paragraph (d), the following paragraph:

    • (da) UL 2061; or.

    (2) Regulation 27(2) of the principal regulations is amended by inserting, after paragraph (b), the following paragraph:

    • (ba) UL 2061; or.

12 Outlet connection for cylinder valves
  • Regulation 28(2)(a) of the principal regulations is amended by revoking subparagraph (v), and substituting the following subparagraph:

    • (v) 20 mm clip-on connector; or.

13 Clearance of imported fittings
  • (1) The heading to regulation 36 of the principal regulations is amended by omitting the words Clearance of, and substituting the words Test certificate for.

    (2) Regulation 36 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:

    • (1) A person who wishes to import or manufacture fittings for LPG cylinders must apply to a test certifier for a test certificate for the fittings.

    (3) Regulation 36 of the principal regulations is amended—

    • (a) by omitting from subclauses (3) and (4) the words enforcement officer, and substituting in each case the words test certifier:

    • (b) by omitting from subclause (3) the word clearance, and substituting the words a test certificate:

    • (c) by omitting from subclause (4) the words clearance to, and substituting the words test certificate for:

    • (d) by omitting from subclause (4)(a) the word clearance, and substituting the words test certificate.

14 Failure to give clearance to imported fitting
  • Regulation 37 of the principal regulations is amended—

    • (a) by omitting the words an enforcement officer, and substituting the words a test certifier:

    • (b) by omitting the word clearance, and substituting the words test certificate:

    • (c) by omitting the words the enforcement officer in both places where they appear, and substituting in each case the words the test certifier.

15 Markings for cylinders and fire extinguishers
  • Regulation 39(2)(f) of the principal regulations is amended by inserting, before the words the weight, the words if the gas is liquefiable,.

16 Cylinder regulator markings
  • Regulation 45(e) of the principal regulations is amended by omitting the word regulation, and substituting the word regulator.

17 Markings for automatic changeover devices for LPG
  • Regulation 47 of the principal regulations is amended by revoking paragraphs (c) and (d), and substituting the following paragraph:

    • (c) either—

      • (i) the manufacturer's batch number; or

      • (ii) the date of manufacture of the device, or a code in the batch number that links to the date of manufacture.

18 New regulation 51 substituted
  • The principal regulations are amended by revoking regulation 51, and substituting the following regulation:

    51 Cylinder not to be used beyond specified cylinder life
    • A person must not use a cylinder beyond the maximum life of the cylinder specified in the standard to which the cylinder was designed.

19 Periodic certificate
  • (1) Regulation 52(1) of the principal regulations is amended by omitting from the table the items relating to Cylinder for acetylene, Monolithic mass (visual inspection), and Other porous mass (visual inspection), and substituting the following item:

    Cylinder for acetylene: 
     monolithic mass (visual inspection)At 1 year after entering service, then 10-year intervals
     other porous mass (visual inspection)1

    (2) Regulation 52(2) of the principal regulations is amended by omitting the word other in the second place where it appears.

20 Periodic testing of LPG valve and pressure relief device
  • Regulation 55(1) of the principal regulations is amended by omitting the words before the first filling after 10 years after manufacture.

21 Restrictions on charging cylinders
  • Regulation 56 of the principal regulations is amended—

    • (a) by omitting from subclause (1)(b) the words size and:

    • (b) by revoking subclause (1)(d) :

    • (c) by omitting from subclause (2) the words Subclause (1)(a) to (d) and (f), and substituting the expression Subclause (1)(a):

    • (d) by inserting in subclause (2)(a), after the words New Zealand, the words and is on a foreign ship (as defined in section 2(1) of the Maritime Transport Act 1994) or on an aircraft that is registered in a country other than New Zealand.

22 Restrictions on persons able to charge compressed gas containers
  • Regulation 59 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:

    • (1) A person must not charge a compressed gas container with compressed gas unless the person is an approved filler.

23 Maximum filling ratio for cylinders and compressed gas stationary tanks
  • (1) Regulation 61(1) of the principal regulations is amended by revoking the table, and substituting the following table:

    Water capacity of cylinder or compressed gas stationary tank (litres)Temperature of liquid contents (°C)
    Not exceeding 25050
    Exceeding 250 but not exceeding 5 00047.5
    Exceeding 5 00045

    (2) Regulation 61(2) of the principal regulations is amended—

    • (a) by inserting in paragraph (b), after the words the pressure, the word at:

    • (b) by omitting from paragraph (b) the word in in the second place where it appears:

    • (c) by omitting from the second column of the table the expression 57.5, and substituting the expression 47.5.

24 Charging cryogenic containers
  • Regulation 63(1) of the principal regulations is revoked.

25 Developed pressure for permanent gases
  • Regulation 64 of the principal regulations is amended by omitting the expression 65C, and substituting the expression 65°C.

26 Application of this Part
  • Regulation 68 of the principal regulations is amended—

    • (a) by omitting from paragraph (a) the expression 900 m, and substituting the words 900 m, determined at a pressure of 101.3 kPa absolute and a temperature of 15°C:

    • (b) by omitting from paragraph (b) the words , determined at a pressure of 101.3 kPa absolute and a temperature of 15°C.

Diane Morcom,

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 (Compressed Gases) Regulations 2004.

The amendments, which aim to make the regulations operate more effectively,—

  • clarify that the regulations cover fittings associated with LPG cylinders:

  • apply Parts 1, 8, and 9 to pressure equipment to which the Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999 apply:

  • enable any person to apply under regulation 15 to a design verifier for a design verification certificate for a cylinder:

  • enable clearances for imported cylinders to be given by test certifiers rather than enforcement officers:

  • require persons who use or supply a cylinder of a design that has not previously been imported into, or manufactured in, New Zealand to obtain a pre-commissioning certificate under regulation 22. The requirement is shifted from the importer to the user or supplier:

  • provide that only approved fillers may charge compressed gas containers:

  • make technical corrections about reference temperatures, standards, and other matters.


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

Date of notification in Gazette: 26 August 2004.


  • 1 SR 2004/43