Hazardous Substances and New Organisms Act 1996

If you need more information about this Act, please contact the administering agency: Ministry for the Environment
  • not the latest version
40 Application for containment approval for new organisms

(1)

Every person intending to import any new organism into containment, or develop or field test any new organism in containment, must apply to the Authority for approval to do so before importing, developing, or field testing the organism.

(2)

Every application shall be in an approved form and shall include any information prescribed, information on all occasions where the organism has been considered by the government of any prescribed State or country, or by any prescribed organisation, and the results of such consideration, information about the containment system for the organism, and,—

(a)

for the development of a genetically modified organism,—

(i)

the identification of the organism; and

(ii)

the description of the project and the experimental procedures to be used; and

(iii)

the details of the biological material to be used; and

(iv)

the expression of foreign nucleic acid material; and

(v)

all the possible adverse effects of the organism on the environment:

(b)

for field testing of a genetically modified organism,—

(i)

the identification of the organism; and

(ii)

the purposes of the field testing; and

(iii)

the genetic modifications of the organism to be tested; and

(iv)

the nature and method of field trials and the experimental procedures to be used; and

(v)

all the possible adverse effects of the organism on the environment.

(3)

The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory declaration.

(4)

An applicant may, by written notice to the Authority, withdraw the application at any time.

Section 40(1): substituted, on 20 April 2010, by section 11 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 40(2): amended, on 31 December 2000, by section 16 of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 40(2)(a)(iv): amended, on 7 May 1999, by section 4 of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

Section 40(2)(b): amended, on 30 October 2003, by section 22 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 40(2)(b)(ii): amended, on 30 October 2003, by section 22 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).