Q. When did the HSNO Act start for hazardous substances?
A.Start-up for the Hazardous Substances side of the HSNO Act was 2nd July 2001.
Q. What is the approval process for a new substance?
A. People who want to import or manufacture a new substance must first find out if it is 'hazardous' under the HSNO Act and regulations. If it is a NEW hazardous substance, the person needs to apply to the Environment Risk Management Authority for approval prior to importing or manufacturing it. If approved the substance will be classified and the associated regulatory controls applied. The Authority will base its decision on the risks, costs and benefits. This may involve adjusting the controls. For further information see making an application.
Q. When do I need to make an application?
A. Only NEW substances, that is, substances which are not covered by the transitional provisions or do not already have a HSNO approval, and that are hazardous under the HSNO Act, need an application for approval. (see Check hazardous substances already in New Zealand). Exemptions from the Act may also apply in some circumstances, such as when the hazardous substance is being used in small-scale chemistry in scientific investigations or teaching being undertaken in laboratories that meet the requirements of the HSNO regulations, some foods, and some medicines. For more information on exemptions see:
- Exemptions for Small Scale Research on Hazardous Substances (information sheet) and
- Manufactured Articles (information sheet).
Q. Who may need to make an application?
A. Applications are likely to come from importers and manufacturers in the chemical industry, the paint, plastics and fragrances industries, the agriculture, horticulture and forestry sectors, and research institutions. A HSNO approval relates to the substance, not the product or the person applying. Once the substance is approved, it can be used by anyone. This means that most people in these industry sectors will not need to be applicants. But they will need to check if the substance is approved before they import or make it themselves.
If you are making an application to ERMA New Zealand for a hazardous substance you need to include information on New Zealand's international obligations that may be relevant to your application.
What are New Zealand's international obligations?
Of particular significance in relation to applications for new substances are New Zealand's obligations under the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, and the Stockholm Convention on Persistent Organic Pollutants.
New Zealand is a signatory to both Conventions. Legislation enabling New Zealand to give effect to these Conventions has been passed by Parliament and will come into effect after the Conventions receive international ratification. These amendments are the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act (2003 No. 37), and the Imports and Exports (Restrictions) Amendment Act (2003 No. 36).
The Rotterdam Convention requires information to be exchanged between Parties about trade in specified hazardous chemicals before any trading takes place. An interim PIC procedure applies until the Convention is ratified. The text of the Convention and the list of chemicals to which it currently applies may be viewed on the internet at http://www.pic.int/.
The Stockholm Convention aims to protect human health and the environment by banning the production, use and trade of ten pesticides and industrial chemicals that are characterised as persistent organic pollutants (POPs). With the exception of PCBs, for which there is a managed phased-out process, none of the POPs is currently used in New Zealand. The text of the Convention may be viewed on the internet at http://www.pops.int/.
The Ministry for the Environment is New Zealand's designated national authority for both conventions.
Q. Who is affected by the HSNO Act?
A. Applications are likely to come from the chemical industry, the agriculture, horticulture and forestry sectors, research institutions, importers and manufacturers. However, all those industries that use hazardous substances are affected by the HSNO Act.
Q. Why was the HSNO Act needed to control hazardous substances?
A. Many substances are essential for industrial processes and for use in primary industries. They are also part of many everyday objects we use, from household cleaners to hairspray. However, some substances can be harmful to people or the environment. The HSNO Act was set up to ensure that the potential risks of hazardous substances are evaluated before they are introduced; in assessing potential risks all components of a substance are to be considered. For more information see HSNO legislation.
Q. How are the decisions made?
A. The Authority makes its decisions under the HSNO Act. It must also follow criteria set down in a formal methodology. It has to weigh up the risks, costs and benefits in each case. Most applications to import or manufacture a hazardous substance for release are publicly notified, allowing for submissions. Other activities, such as importing a substance into containment or rapid assessment when the substance meets least degree of hazard criteria, are not notified; some small-scale activities are exempt altogether.
Q. What is the Global Harmonised System (GHS)?
A. It is a system that has just been completed by the UN, for labelling and classification of chemicals. The hazard classification system and labelling requirements set up in the HSNO regulations conform with the GHS.
For more information see http://www.unece.org/trans/danger/publi/ghs/ghs_welcome_e.html
If you have any further questions contact: info@ermanz.govt.nz. A full listing of how you can contact ERMA New Zealand is in the Contact us section.