December 20, 2001
Over the next three to five years, the Hazardous Substances and New Organisms Act 1996 (HSNO) is in a transitional period. During this time hazardous substances already in use will be transferred to the HSNO regime. Under the current system licences or certificates were issued under the Dangerous Goods Act, Explosives Act, Toxic Substances Act or Pesticides Act. However, when these substances are transferred to the HSNO Act, these licences will be replaced by test certificates that will be issued by test certifiers approved by ERMA New Zealand.
In November 2002, controlled vertebrate poisons (including 1080 and cyanide) will come under the framework of the HSNO Act 1996. HSNO controls will replace those under the Pesticides Act and Toxic Substances Act. One of the most significant changes will be to the licensing regime.
In November 2002 the approved operator's licence, which was issued by MAF for life, will be replaced by the requirement to gain a test certificate as an approved handler. A test certificate will demonstrate that a person has met competency requirements specified by the HSNO Regulations in relation to handling specific hazardous substances at one or more phases of the lifecycle of the substance.
Similarly, licences to sell or pack poisons issued under the Toxic Substances regulations will be replaced by approved handler test certificates and persons who are transporting pesticides will also need an approved handler test certificate.
The HSNO regulations do not stipulate any particular qualifications for becoming an approved handler. Rather, candidates will need to satisfy a test certifier that they have knowledge of the HSNO regime and are competent to handle the substance. Sufficient evidence for a test certifier to decide whether or not to issue a test certificate to a person is a written record that is signed by a training provider or a work supervisor.
Holders of current licences should note that there are transitional provisions for people who have been handling hazardous substances or any other substance with similar hazardous properties in the same phase of its lifecycle, under an approval of the Pesticides Act 1979, the Toxic Substances Act 1979 or the Transport Act 1962 for two full years consecutively since July 1999. In this case, a test certificate may be issued without further training requirements having to be met.
Test certificates will not be issued for life, and will only be valid for five years from the date they were issued, unless it was issued under the transitional requirements outlined above, in which case it will need to be renewed after two years. Test certificates will be issues by Test Certifiers who are approved by ERMA New Zealand to issue certificates in areas where they have demonstrated sufficient expertise.
Test Certifiers need to have demonstrated their knowledge of the HSNO Act, the substances and handling requirements.
For more information about this transitional period:
view the transfer of substances web pages at http://www.ermanz.govt.nz/hs/transfer-of-substances.asp OR email the transfer team on info@ermanz.govt.nz , OR
for more information about Test Certificates, go to http://www.ermanz.govt.nz/hs/hs-comp-test-certifiers.asp OR email info@ermanz.govt.nz
OR call ERMA New Zealand on 04 916 2426.
For more information please contact Noel McCardle on 04 918 4 867
Quick Facts:
- Licences or certificates are currently issued under Acts such as the Dangerous Goods Act, Explosives Act, Toxic Substances Act or Pesticides Act for manufacturing, storing or using certain hazardous substances.
- Over the next 3-5 years hazardous substances will be transferred to the Hazardous Substances and New Organisms Act 1996.
- As substances are transferred in groups to the HSNO regime, licences and certificates will be replaced by test certificates that will be issued by test certifiers approved by ERMA New Zealand.
- Test Certificates can be issued to a:
- Facility/location to certify that hazardous substances are being managed in a way that complies with the HSNO regulations;
- Person to certify competence as an approved handler.
- Test Certificates can by applied for by contacting ERMA New Zealand on 04 916 2426.
- You can become a Test Certifier by contacting ERMA New Zealand on 04 916 2426.
- Test Certificates will be issued for five years, not for life.
- Holders of licences under current legislation may receive a two year transitional Test Certificate if the licence holder has been handling the hazardous substance or a similar substance with the same properties for two consecutive years. To see if you are eligible, contact ERMA New Zealand on 04 916 2426.
- The provisional timelines for the first groups of substances to be
transferred are:
- Explosives - July 2002;
- Controlled Vertebrate Poisons - November 2002;
- Other Pesticides - 2003;
To keep up to date with transfer dates, Test Certificate details and other related information, visit the pages below OR get on the mailing list for Perspecitve, ERMA New Zealand's newsletter by calling 04 916 2426 OR emailing info@ermanz.govt.nz.
For more information about this transitional period, view the transfer of substances web pages at http://www.ermanz.govt.nz/hs/hs-transfer-of-substances.asp OR email the transfer team on info@ermanz.govt.nz