March, 1998
A new professional discipline in New Zealand is about to be launched and local government will play a key role.
From 1 July this year the Hazardous Substances and New Organisms Act becomes the tool with which New Zealand actively manages environmental risk. ERMA New Zealand - The Environmental Risk Management Authority is the main agency working under the Act but territorial local authorities will take on inspection and enforcement responsibilities.
Chief Executive of ERMA New Zealand, Dr Bas Walker, says authorities are having to think about the new legislation as an integral part of their activity.
"They have to see themselves as part of the wider process of environmental risk management. Risk management means being aware of the likelihood and consequences of any adverse effects - and managing them accordingly."
The HSNO Act, passed in 1996, signals a major breakthrough in managing new organisms and hazardous substances in New Zealand.
A new organism could be a plant or animal coming into New Zealand for the first time or a new species developed through genetic engineering. Hazardous substances could be explosive, flammable, corrosive, ecotoxic or toxic. Regulations to set thresholds for what is covered are being written by the Ministry for the Environment.
For the first time in New Zealand decisions on environmental risk will be made under a single framework. The aim is to protect the environment and the health and safety of people and communities. In the past, some of these decisions were made by the Toxic Substances Board, the Pesticides Board, the Ministry of Agriculture, OSH, the Advisory Committee on Novel Genetic Techniques and the Interim Assessment Group for the Field Testing or release of Genetically Modified Organisms.
In July, any person who wants to import, develop, field test or release a new organism must apply to ERMA New Zealand for approval. From 1 October, anyone wanting to import or manufacture a hazardous substance will also need approval for that substance.
On some approvals ERMA may set controls on how substances are contained, labelled, stored, used, transported or disposed of.
Inspecting and enforcing these controls will be a responsibility for territorial local authorities, along with agencies such as the Ministry of Health, the Ministry of Commerce, the Police and OSH.
Dr Walker, says enforcement is critical to ensuring the HSNO Act is effective.
"The Authority has the major job of deciding whether a new organism or hazardous substance is allowed but in many cases the decision will depend on how well any effects can be controlled. This is where the other agencies under HSNO come into effect. We need a comprehensive regime, which gives confidence to applicants and the public that the risks have been understood and will be effectively managed."
Territorial local authorities will be responsible for enforcing the Act for new organisms and hazardous substances, in some situations. Specific responsibilities under the new law include:
- Providing credible inspection and enforcement services to meet the aims of the HSNO Act - protecting the environment and the health and safety of people in communities;
- Appointing enforcement officers with the skills required under the Act;
- Reporting annually to ERMA New Zealand;
- Meshing functions under the HSNO Act with other roles e.g. under the RMA and Building Act;
- Emergency responses, including co-operation with other emergency agencies.
Transitional provisions are in place until 2000. During this phase territorial local authorities will also be responsible for inspection and enforcement for dangerous goods in all situations. Dr Walker says in the meantime ERMA wants to see a smooth transfer of functions from the old regime to the new.
"We want territorial local authorities to continue their current functions for hazardous substances and to bring in their new functions smoothly and without disruption.
"It will also be important to work closely with adjacent local authorities and others with responsibilities under the Act."
ERMA New Zealand sees itself working with local government to set up the new enforcement arrangements but expects local authorities to take the initiative to identify their responsibilities and start planning now for how they will be implemented - and funded. The HSNO Act provides for local government to recover the cost of inspection and enforcement activity.
Dr Walker says there will be greater flexibility for compliance - for example using codes of practice and test certification along with traditional enforcement tools.
For further information contact:
Bruce Chapman,
Senior Policy Advisor at ERMA New Zealand
Phone: 04 473 8371