What is a reassessment?
A second look at the risks, costs and benefits of a substance approved under the HSNO Act. ERMA New Zealand may decide to change controls or conditions placed on an approval, or withdraw the approval altogether.
Anyone can ask the Authority to reassess a hazardous substance. This is a two step process:
Firstly, there must be good grounds for a review.
The Authority must be satisfied there is good reason to re-evaluate the risks, costs and benefits of the original approval.
In the case of methyl bromide, the Authority decided in July 2008 that there were grounds for reassessment. There had been a change in the pattern of its use, as well as a significant degree of public concern about its effects as an ozone depleter and possible health effects on workers.
Secondly, an application for reassessment must be prepared.
This has now been prepared by staff of ERMA New Zealand on behalf of the Chief Executive. It is this document, and the recommendations in it, we are now (November 2009) seeking submissions on.
What happens next?
The Application is formally received by the Authority and written submissions from the public and interested parties are being called for. Once they are all received, they will be reviewed and analysed, and a report prepared for the decision-making Committee of the Authority.
After considering all the submissions, the Committee will make its decisions about the future use of methyl bromide and announce its findings. Decisions are usually made within 30 working days after the last hearing. That will take place in 2010.
The graphic below illustrates how the process works. Click on the image for a larger view.
What is the timetable for the methyl bromide reassessment?
The standard processing timeframe for an application is 90 working days from the date of public notification. While every effort will be made to keep to this timeframe, the Authority recognises that the use of methyl bromide use in New Zealand is an issue of concern to many people. If necessary, in order to consider the issues adequately, the Authority is able to extend timeframes set out in the Act, (for example, the six-week period for lodging submissions).
How can I get involved in the reassessment?
A formal submission allows anyone to take part in the decision-making process by giving you the opportunity to give your views, provide new information or be heard in person by the decision-making committee.
Submissions
Who can make a submission?
Any member of the public (or representatives of agencies or organisations) can make a submission.
What information do I have to supply with my submission?
Before lodging your submission, you should review the information, data and conclusions made in the reassessment application.
Generally, submissions should address issues raised in the application, e.g. effects, risks, costs and benefits of use in the context of the statutory framework of the HSNO Act, rather than be of a general nature.
A submission must:
- be in writing (this includes emails or faxes);
- include your name and contact details;
- state the reason for making the submission;
- state whether you wish to be heard i.e. attend a hearing; and
- relate directly to the application.
A submission may:
- identify and present an issue, opinion, or position which you want the Authority to be aware of;
- provide information that you want the Authority to be aware of;
- identify a need for additional information to address an issue; and
- state the decision you want.
What is the closing date for submissions?
26 February 2010
What if my submission is late?
Late submissions and invalid submissions may not be accepted.
What if my submission contains confidential information?
Confidential information supplied with submissions should be clearly identified, along with reasons why the information should be kept confidential. It will be filed separately and securely.
How do I know if my submission has been received?
All valid submissions are acknowledged in writing. If your submission does not include the required information, ERMA New Zealand will contact you to advise what is required to validate your submission.
Hearings
Will there be public hearings?
They will be held if any of the submitters request to be heard, and we expect that will happen. It is likely hearings will be held in various locations around the country. The primary objective of a hearing is to allow applicants and submitters to put information relevant to the application before the Authority so that it is fully informed before making its final decisions.
When?
Timing of the hearings will depend on when ERMA New Zealand completes its evaluation and review of the application and submissions, which in turn depends on the number and content of the submissions.
Hearings must normally be arranged within 30 working days of the close of submissions (subject to time extensions)
Where will they be held?
The venues will depend on submissions received and where the submitters live. ERMA New Zealand will do its best to try to accommodate as many people as possible.
Everyone will get at least 10 working days' notice of the date, time and venue of the hearings.
Can I request to be heard at the hearing?
Yes. Submitters must indicate whether they wish to speak. Submissions should cover all the issues and points they intend to raise at the hearing.
Can I present my submission in Māori?
Yes – as long as you notify ERMA New Zealand in advance (preferably on your submission).
How are hearings conducted?
Everyone who wishes to be heard will be contacted prior to the hearing and given written guidelines on what will happen, and how you can take part.
Briefly, at the hearing you will be expected to
summarise and highlight key parts of your evidence and
to answer any questions. You will normally have a
maximum of 15 minutes for your presentation (although
more time may be allowed at the discretion of the Chair
upon prior application).
How can I get a copy of the methyl bromide Reassessment Application?
It is available on this website by clicking here, or by calling 0800 376 234. You can also write to ERMA New Zealand at P O Box 131 Wellington, or email methylbromide@ermanz.govt.nz.
Does ERMA New Zealand provide funding for submitters to help them prepare submissions?
No. Funding is not available for this purpose.
Who is the applicant?
The application is being submitted to the Authority by the Chief Executive of ERMA New Zealand as part of his five-year programme for reassessing hazardous substances.
Who or what is the Authority?
The Authority is an independent body made up of eight members set up under the HSNO Act to decide applications for hazardous substances and new organisms. Members are appointed by the Minister for the Environment, who must ensure the membership includes a balanced mix of knowledge and experience in matters likely to come before the Authority.
Who will be making the decision on the reassessment?
The decision will be made by a special decision-making Committee of the Authority comprising four members. If necessary, the Authority may appoint outside experts to the Committee if assistance is required on specific issues.
Who or what is ERMA New Zealand?
ERMA New Zealand (the Agency) is the organisation whose staff provide administrative support and technical and scientific advice to the Authority.
The Agency processes the applications from the public and administers the public consultation process, as well as providing the Reassessment Application. The role of the Agency is to evaluate and review the risks, costs and benefits of the use of hazardous substances and provide advice and guidance to the Authority on these matters for consideration by the decision-making Committee.
Ngā Kaihautū Tikanga Taiao is a Māori advisory committee appointed by the Authority. It provides advice and assistance to the Authority on matters relating to policy, process and applications from a Māori perspective.
Who appoints the decision-making committee? How are the members appointed?
Decision-making under the Act may be undertaken by the full Authority, or by a Committee of the Authority appointed by the full Authority. In the case of methyl bromide, it has appointed a committee of four members. They are Authority Chair Richard Woods, Max Suckling, Helen Atkins and Deborah Read.
Can methyl bromide still be used while it is being reassessed?
Yes. Methyl bromide and its formulations are approved for use under the HSNO Act with certain strict controls and conditions. Methyl bromide can continue to be used in accordance with these controls and conditions unless and until they are changed by the reassessment.
Will there be any changes to the way methyl bromide is currently being used?
That depends on the outcome of the reassessment. The Authority may decide to change controls or conditions placed on an approval, keep the existing controls, or withdraw the approval altogether.
How will I know what the Committee's decision is?
The decision will be released publicly and all submitters will be notified in writing.
Nov 2009