Hazardous Substances (Hazardous Property Controls) Notice 2017

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Hazardous Substances (Hazardous Property Controls) Notice 2017

SEPTEMBER 2017

EPA NOTICE

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Hazardous Substances and New Organisms Act 1996

Hazardous Substances (Hazardous Property Controls) Notice 2017

This notice is issued by the Environmental Protection Authority (the Authority) under sections 75 and 76 of the Hazardous Substances and New Organisms Act 1996 (the Act). It is issued in accordance with section 76C of the Act, having had regard to the matters specified in section 76C(2). The Authority now approves it for publication in the Gazette.

Signed at Wellington

This 7^th day of September 2017

By Kerry Prendergast

Chair

Environmental Protection Authority

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Hazardous Substances (Hazardous Property Controls) Notice 2017

This notice is issued by the Environmental Protection Authority (the Authority) under sections 75 and 76 of the Hazardous Substances and New Organisms Act 1996 (the Act). It is issued in accordance with section 76C of the Act, having had regard to the matters specified in section 76C(2).

Objective of notice

The objective of this notice is to ensure that hazardous substances are stored and used in a manner that protects the environment, and people in places other than workplaces to which the Health and Safety at Work Act 2015 applies.

Extent of consultation

The Authority publicly notified its intention to issue this notice on 11 October 2016 by publishing a proposal document on its website. It invited comments by 21 November 2016.

A second proposal document was released for public consultation on 20 March 2017, and closing on 19 April 2017. This consultation document released a set of revised proposals, and also included an exposure draft of the notice.

A third proposal document was released for public consultation on 21 June 2017, and closing on 20 July 2017. This document focussed solely on the regulation of hazardous substances on foreign flagged vessels and aircraft not regulated by the Health and Safety at Work Act 2015.

All three consultation documents were sent to relevant persons in accordance with section 76C(1)(c) of the Act, and other interested parties. They were all also published on the EPA website. Comments received from all three consultations were taken into account by the Authority during the drafting of this notice.

Documents incorporated by reference

Information on how to access material incorporated by reference in this notice is available on the EPA website.

Documents that are incorporated by reference in this notice are also available, on request, for inspection free of charge during normal business hours at the office of the Authority.

Further information about EPA notices

EPA notices are tertiary instruments that are administered by the Authority. They are subject to the Legislation Act 2012 (the Legislation Act) and are classed as disallowable instruments. This means that the notice must be tabled in the House of Representatives, and the House of Representatives may, by resolution, disallow the notice. The Regulations Review Committee is the select committee responsible for considering instruments such as this notice under the Legislation Act.

At the time of making this notice, the relevant empowering provision in sections 75 and 76 of the Act have not come into force. However, pursuant to section 11 of the Interpretation Act 1999, the powers may be exercised before they come into force to make this notice. The exercise of these powers is necessary or desirable in order to bring the enactment into operation. The notice will not come into force before the powers to make the notice come into force.

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The controls in this notice will apply to all new Part 5 approvals that are approved under the Act on or after the date of commencement of this notice, unless the particular approval provides otherwise. The controls will also apply to all group standards issued or reissued on or after the commencement of the notice, unless the particular group standard provides otherwise.

The EPA anticipates the controls imposed by the following clauses will be brought into effect for existing Part 5 approvals and transfer notices immediately upon commencement of this notice:

 clause 13 (certain substances restricted to workplaces only):

 clauses 15 to 25 (hazardous substances in a place other than a workplace):

 clauses 26 to 32 (storage of LPG, stationary container systems for domestic oil burning installations and internal combustion engines, and SCUBA cylinders):

 clause 34 (substances on-board ships which are workplaces that are not subject to HSW Act):

 clauses 36 to 44 (site and storage controls for ecotoxic substances):

 clause 47 and 48 (equipment and records for ecotoxic substances):

 clauses 59 to 66 (qualifications for application of ecotoxic substances).

These controls will be brought into effect by transitional regulations. All other clauses will not apply to Part 5 approvals and transfer notices that are in place at the time this notice comes into force (until they are reissued). Information about approvals that have been reissued or revoked will be available on the EPA website.

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1 Title

This is the Hazardous Substances (Hazardous Property Controls) Notice 2017.

2 Commencement

This notice comes into force on 1 December 2017.

Part 1: Preliminary Provisions

3 Interpretation

In this notice, unless the context otherwise requires,—

Act means the Hazardous Substances and New Organisms Act 1996

Amendment Act means the Hazardous Substances and New Organisms Amendment Act 2015 agrichemical means a substance used or intended for use in the direct management of plants and animals, or to be applied to the land, place, or water on or in which the plants and animals are managed, for the purposes of—

(a) managing or eradicating pests, including vertebrate pests; or

(b) maintaining, promoting, or regulating plant or animal health, productivity, performance or reproduction; or

(c) enhancing the effectiveness of an agrichemical used for the treatment of plants or animals; or

(d) mitigating environmental, sustainability, or climate change impacts; and for the avoidance of doubt:

(a) includes any veterinary medicine, pesticide adjuvant, fertiliser, plant growth regulator, fumigant or domestic pesticide; and

(b) excludes any timber treatment chemical, antisapstain chemical and antifouling paint.

application area, in relation to an area to which a hazardous substance is, or is intended, to be applied, means—

(a) the land that the person applying the substance owns or occupies; or

(b) the above-ground water within the boundaries of, or air above, the land owned or occupied by the person applying the substance for the period of time that the water or air remains within the boundaries of the land; or

(c) any land, air, or water within an area that a person is authorised, under any enactment, to apply the substance to; or

(d) an indoor area that the person applying the substance—

(i) owns or occupies; or

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(ii) is authorised, under any enactment, to apply the substance to

application plot means the part of the application area where the substance is, or is intended to be, directly applied

approved filler has the same meaning as in the HSW HS Regulations Authority means the Environmental Protection Authority

certified handler has the same meaning as in the HSW HS Regulations compliance certificate has the same meaning as in the HSW HS Regulations contractor—

(a) means a PCBU or worker applying the substance; but (b) does not include—

(i) a PCBU with management and control of the place to which the substance is being applied (PCBU 1); or

(ii) a worker who—

(A) carries out work for PCBU 1; and

(B) does not customarily apply the substance or a similar substance to any other place; or

(iii) a PCBU with management and control of a place in the local vicinity of the place to which the substance is applied, applying the substance to assist PCBU 1 in the conduct of PCBU 1’s business or undertaking

controlled substance licence has the same meaning as in the HSW HS Regulations, and includes a licence granted under section 95B of the HSNO Act that is required by clause 5 of Schedule 1 of the HSW HS Regulations to be treated as a controlled substance licence EPA means the Environmental Protection Authority

fuel gas has the same meaning as in the HSW HS Regulations

hazard grouping means a hazard grouping as specified in Schedule 1 of the Hazardous Substances (Hazard Classification) Notice 2020 (physical hazards, health hazards or environmental hazards)

HSNO approval number means the unique identifier number allocated by the Authority to an approval or Group Standard

HSNO certificate means a certificate obtained from a HSNO certifier in accordance with section 82(a) of the Act

HSNO certifier means a certifier authorised under section 211(1)(k) of the HSW Act in respect of equivalent requirements that apply in a workplace under HSW HS Regulations

HSW Act means the Health and Safety at Work Act 2015

Deleted: s

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HSW HS Regulations means the Health and Safety at Work (Hazardous Substances) Regulations 2017

LPG means liquefied petroleum gas

PCBU has the same meaning as in section 17 of the HSW Act place includes any vehicle, ship, aircraft, or other means of transport person in charge means a person who is—

(a) in relation to a place—

(i) the owner, lessee, sublessee, occupier, or person in possession of the place, or any part of it; or

(ii) any other person who, at the relevant time, is in effective control or possession of the relevant part of the place:

(b) in relation to a substance or any other matter or thing, a person who, at the relevant time, is in effective control or possession of the substance, matter or thing pooling substance has the same meaning as in the HSW HS Regulations protected place has the same meaning as in the HSW HS Regulations

relevant strand, in relation to a qualification, means a strand of the qualification that is relevant to the context in which the substance is being applied

relevant test certificate means a test certificate issued under section 82 of the Act (as it was before the commencement of section 29 of the Amendment Act) that—

(a) certifies that the person, location, or stationary container system has, in relation to the same matter, met the equivalent requirements of the Act that were in force prior to the commencement of Schedule 1 of the Amendment Act; and

(b) if it is required under Schedule 1 of the HSW HS Regulations to be treated as an equivalent compliance certificate, the certificate has not been suspended or cancelled by WorkSafe under those regulations.

relevant unit standard means a unit standard that is relevant to the type of equipment that is being used to apply the substance, or the purpose for which the substance is being applied sensitive habitat means a habitat that may be adversely affected by the application of a substance, and includes wetlands, indigenous vegetation habitat areas, or reserves stationary container system has the same meaning as in the HSW HS Regulations stationary tank has the same meaning as in the HSW HS Regulations

supply, in relation to a hazardous substance, includes supply (or resupply) by way of gift, sale or exchange; and occurs on the passing of possession

Deleted: New Zealand has the same meaning as in s 16 of the HSW Act¶

Deleted: pesticide—¶

means a class 9 substance used for pest management to eradicate, modify, or control organisms—¶

in agricultural, horticultural, or forestry activities (including in a domestic context); or¶

in any place that may be lawfully accessed by the public (with or without payment of a charge); but¶

does not include—¶

veterinary medicines, fertilisers, anti-fouling paints, timber treatment chemicals, and antisapstain chemicals; or¶

disinfectants or cleaning products other than when used for the treatment of micro-organisms on horticultural crops¶

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veterinary medicine has the same meaning as in the Agricultural Compounds and Veterinary Medicines Act 1997

vertebrate bait means bait designed to kill vertebrates that has the hazard classification hazardous to terrestrial vertebrates

water—

(a) means water in all its physical forms whether flowing or not and whether over or under the ground:

(b) includes fresh water, coastal water, and geothermal water:

(c) does not include water in any form while in any pipe, tank, or cistern worker has the meaning given to it under section 19 of the HSW Act workplace has the meaning given to it under section 20 of the HSW Act

WorkSafe means WorkSafe New Zealand established by section 5 of the WorkSafe New Zealand Act 2013.

(2) Any term or expression that is defined in the Act and used, but not defined, in this notice has the same meaning as in the Act.

(3) Any term or expression that is defined in the Hazardous Substances (Hazard Classification) Notice 2020 and used, but not defined, in this notice has the same meaning as in the Hazardous Substances (Hazard Classification) Notice 2020.

(4) Subject to clause 6, where this notice applies a provision of the HSW HS Regulations for the purposes of this notice, the meaning of any term or expression in those regulations has the same meaning as in those regulations.

4 References to hazard classes and hazard classifications

For the purpose of this notice, a reference to a substance having a hazard class or hazard classification is a reference to the hazard class or hazard classification as set out in Schedule 1 of the Hazardous Substances (Hazard Classification) Notice 2020.

5 References to quantities

(1) Unless otherwise specified, the quantity of a substance in the hazard class organic peroxides must be determined by mass.

(2) Where a quantity of gas is specified as cubic metres (m³), this volume is determined by taking the contents and conditions of the gas held in a container and then calculating the volume that the gas would occupy at 15°C and 101.3 kPa absolute pressure.

(3) Where the quantity of gas is specified in kilograms (kg), this refers to the net weight of the gas in liquefied form as held in its container.

Deleted: A reference to a hazardous substance having a particular class or classification means—¶

in relation to a substance that does not have an approval under Part 5 of the Act, that it meets the criteria for that class or classification under the Hazardous Substances (Classification) Notice 2017 and the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017; or ¶

in relation to a substance that has an approval under Part 5 of the Act, that the Authority has given it a corresponding classification in accordance with the criteria set out in paragraph (a).¶

Deleted: an

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(4) Unless otherwise specified, where a quantity refers to a substance in the hazard class explosives (class 1), that quantity must be a net explosive quantity (NEQ), where NEQ is the gross weight less the weight of any construction materials of the article in kilograms (kg).

Compare: SR 2001/116 r 6; SR 2017/131 r 10

6 References to hazardous substances

Where this notice imposes obligations by reference to the HSW HS Regulations, any reference to a hazardous substance in those regulations must be read for the purposes of this notice as having the meaning of hazardous substance under the Act.

7 Application

(1) This notice does not apply to—

(a) substances required for the motive power or control of a vehicle, aircraft, or ship, that are contained in the fuel system, electrical system, or control system of the vehicle, aircraft, or ship; or

(b) any fuel gas supplied or used in a gas distribution system, gas appliance, or gas installation (as these terms are defined in the Gas Act 1992), when subject to the Gas Act 1992; or

(c) any fuel gas transported through transmission pipelines when subject to the Health and Safety in Employment (Pipelines) Regulations 1999; or

(d) a substance that is an ethanol-water dilution intended for drinking—

(i) when the substance is stored in containers of not more than 5 L capacity; or (ii) when the ethanol content of the substance is not more than 15% by volume.

(2) The provisions of this notice that apply to substances in the hazard class gases under pressure apply whether or not the gas is a hazardous substance.

(3) The provisions of this notice apply subject to—

(a) any variation of these requirements made in accordance with sections 77 or 77A of the Act; and

(b) the provisions of a relevant group standard as applied in accordance with section 96E of the Act.

8 Ecotoxic controls

Any provision of this notice which applies to a substance with a hazard classification in the hazard grouping environmental hazards is an ecotoxic control for the purposes of the Act.

9 Additional controls

Any reference in this notice to the Authority setting an additional control for a substance is a reference to the use of the Authority’s powers under the Act (including a control on an approval

Deleted: class 1 substance

Deleted: class 9

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under section 77A or by imposing a condition on a group standard) to set a control on a substance, and is without limitation to those powers.

10 Compliance certificate deemed a HSNO certificate

Where this notice requires a HSNO certificate to be obtained, a current compliance certificate which certifies compliance with the equivalent requirements that apply in a workplace under the HSW HS Regulations must be treated as a HSNO certificate for the purposes of this notice.

11 Offences under HSW HS Regulations not to apply

(1) Where this notice applies a provision of the HSW HS Regulations for the purposes of this notice, it applies as if the offence provisions of the relevant HSW HS Regulations have been omitted.

(2) This clause overrides any other provision of this notice.

12 Outline of notice

(1) This clause is a guide to the notice, but does not affect the interpretation or application of the notice.

(2) Part 2 restricts—

(a) the supply of certain hazardous substances to a place other than a workplace; and (b) the use of certain hazardous substances in a place other than a workplace.

(3) Part 3 imposes requirements on the management of hazardous substances in—

(a) a place other than a workplace; and

(b) a ship that is a workplace to which the HSW Act does not apply.

(4) Part 4 imposes requirements on—

(a) the management and use of substances with a hazard classification in the hazard grouping environmental hazards (including qualification requirements); and (b) the import or manufacture of certain substances with the hazard classification

hazardous to terrestrial vertebrates.

Deleted: class 9 Deleted: class 9.3

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Part 2: Substances restricted to workplaces

13 Certain substances restricted to workplaces only

(1) This clause applies to a hazardous substance that is in a hazard class, or has a hazard classification or description listed in Table 1 in Schedule 1, but not listed in Table 2 in Schedule 1.

(2) A person may supply the substance only to—

(a) a workplace under the management and control of a PCBU, and only if the person has received written notification that a competent person at the workplace will accept responsibility for the substance; or

(b) an authorised person, if the person has received written notification that the authorised person will accept responsibility for the substance.

(3) A person who supplies the substance must retain the following written records for 12 months from the date of transfer of the substance:

(a) the product name or chemical name of the substance transferred; and

(b) the identity and address of the competent person or authorised person that received the transferred substance; and

(c) the date on which the transfer occurred; and (d) a copy of the notification required by subclause (2).

(4) A person may use the substance only in a workplace.

(5) Subclause (4) does not apply to an authorised person if the use of the substance is in accordance with a permission granted by the Authority under section 95A of the Act, which authorises use of the substance in a place that is not a workplace.

(6) A person may store the substance only in a workplace.

(7) Subclause (6) does not apply to an authorised person if the substance is managed in accordance with clause 17.

(8) In this clause—

authorised person means a person who holds a permission granted by the Authority under section 95A of the Act to use the substance in a place that is not a workplace

competent person has the same meaning as in Part 19 of the HSW HS Regulations.

Compare: SR 2001/120 r 6; SR 2017/131 r 19.7

Deleted: of

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Part 3: Requirements for hazardous substances in a place other than a workplace to which the HSW Act applies

Subpart A: Requirements in a place other than a workplace

14 Outline of subpart

(1) This clause is a guide to the subpart, but does not affect the interpretation or application of the subpart.

(2) This subpart imposes requirements on hazardous substances in a place other than a workplace.

(3) The requirements of this subpart are in addition to those in Part 4, which imposes requirements on substances with a hazard classification in the hazard grouping environmental hazards.

(4) Many of the provisions refer to certain provisions of the HSW HS Regulations, and apply them for the purposes of this notice as if they applied to a place other than a workplace.

(5) However—

(a) modifications to the application of the relevant HSW HS Regulations are made, as these are necessary to ensure the requirements are relevant to the context in which they apply; and

(b) the provisions of the relevant HSW HS Regulations which relate to the exercise of WorkSafe’s discretionary powers under the HSW Act are not applied, as those powers are not able to be used for the purposes of this notice; and

(c) many of the requirements under the HSW HS Regulations to obtain a compliance certificate are not applied, as those certificates are not able to be issued for the purposes of this notice; requirements to obtain HSNO certificates from HSNO certifiers are imposed instead in accordance with section 82(a) of the Act.

15 Subpart applies only to a place other than a workplace This subpart applies to any place, other than a workplace.

16 Requirements for HSNO certificates issued under this part

A HSNO certifier who issues a HSNO certificate under this part of the notice must—

(a) include an expiry date on the certificate, being—

(i) five years after the date of issue, in the case of a certificate issued in respect of a person or a stationary container system; or

(ii) three years after the date of issue, in the case of a certificate issued in respect of a hazardous substance location; and

(b) as soon as practicable after the issue of the certificate, provide to the EPA any information regarding the certificate which the EPA may request, in a manner or form

Deleted: specifically addresses ecotoxic hazards

Deleted: s

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(c) issue the certificate only if the certifier is on the basis of any inquiry, inspection, assessment, examination, or other consideration, satisfied that the relevant requirement has been met; and

(d) not issue a certificate in relation to a hazardous substance or other matter if the certifier is or has been responsible for, or has a financial interest in, the design, planning, or construction of anything relating to the matter.

17 Management of substances subject to a permission must be in accordance with the HSW HS Regulations

(1) This clause applies to a hazardous substance that is in a hazard class, or has a hazard classification or description specified in Table 1 in Schedule 1, but not in Table 2 in Schedule 1, if the person in charge of the substance is authorised by a permission granted by the Authority under section 95A of the Act to use the substance in a place that is not a workplace.

(2) The provisions of the HSW HS Regulations listed against the hazard class or hazard classification of the substance in Schedule 2 apply to the substance, the place in which the substance is present, and the person in charge of the substance or place, for the purposes of this notice with all necessary modifications, as if—

(a) any reference in those regulations to “place within a workplace” is replaced with

“location within a place”:

(b) any other reference to “workplace” in those regulations is replaced with “place”, except where the word “workplace” appears in the title of regulations made under the HSW Act:

(c) any reference in those regulations to “relevant PCBU” or “PCBU with management or control” is replaced with “person in charge”:

(d) any other reference in those regulations to “PCBU” is replaced with “person”:

(e) any reference in those regulations to “work” is replaced with “activities”, except where the word “work” appears in the phrases “safe work instrument” or “work supervisor”, or in the title of regulations made under the HSW Act:

(f) any reference in those regulations to “worker” is replaced with “person in the place”, except where the word “worker” appears in the phrase “emergency service worker”:

(g) the following are omitted:

(i) any reference in those regulations to WorkSafe’s ability to—

(A) approve a matter:

(B) grant an exemption from a requirement:

(C) waive or vary a requirement:

(D) determine a validity period:

(E) reduce the required capacity of a secondary containment system:

Deleted: of a

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(F) increase the capacity of a stationary tank, or the aggregate capacity of a group of tanks within a secondary containment system:

(h) any reference to a compliance certificate as a certified handler, or for a hazardous substance location or a stationary container system is replaced with a reference to a HSNO certificate or a relevant test certificate.

(3) Any HSNO certificate issued under this clause must certify that the relevant matter would (if it were in a workplace) meet the requirements for a compliance certificate to be issued under the HSW HS Regulations, subject to the modifications to those regulations described in subclause (2).

18 Firearms licence required for possession of gunpowder or propellant

A person must not possess gunpowder with a hazard classification of 1.1D or propellant with a hazard classification of 1.3C unless the person—

(a) holds a firearms licence issued under section 24 of the Arms Act 1983; or (b) holds a firearms dealer’s licence issued under section 5 of the Arms Act 1983; or (c) holds a controlled substance licence authorising possession of the substance.

19 Management of large quantities of certain substances to be in accordance with HSW HS Regulations

(1) This clause applies to a hazardous substance if the substance is—

(a) of a hazard classification or description specified in Schedule 3; and

(b) at a place in a quantity exceeding the relevant quantity specified in Schedule 3.

(2) [revoked]

(3) The provisions of the HSW HS Regulations listed against the hazard class or hazard classification of the substance in Schedule 2 apply to the substance, the place in which the substance is present, and the person in charge of the substance or place, for the purposes of this notice with all necessary modifications, as if—

(e) any reference in those regulations to “work” is replaced with “activities”, except where the word “work” appears in the phrases “safe work instrument” or “work supervisor”, or

Deleted: class 1.1D Deleted: class 1.3C

Deleted: However, this clause does not apply to an class 1 substance

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(ii) any requirement in those regulations to hold a controlled substance licence:

(h) any requirement to notify or provide information to WorkSafe is replaced by a requirement to notify or provide the information to the EPA:

(i) any reference to a compliance certificate as a certified handler, or for a hazardous substance location or a stationary container system is replaced with a reference to a HSNO certificate or a relevant test certificate.

(4) Any HSNO certificate issued under this clause must certify that the relevant matter would (if it were in a workplace) meet the requirements for a compliance certificate to be issued under the HSW HS Regulations, subject to the modifications to those regulations described in

subclause (3).

20 Requirements if hazardous substance transferred to another container (1) This clause applies to a hazardous substance, if the substance is:

(a) of a hazard classification or description not specified in Schedule 3:

(b) of a hazard classification or description specified in Schedule 3, and at a place in a quantity not exceeding the relevant quantity specified in Schedule 3.

(2) The person in charge of the substance must ensure that if the substance is transferred or decanted from its original container to another container (container 2), container 2 must:

(a) be in sound condition; and

(b) safely contain the hazardous substance while the substance is likely to be packaged;

and

(c) be made of material that is compatible with, and will not be adversely affected by, the hazardous substance; and

Deleted: :

Deleted: 2

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(d) not usually contain food or beverages and cannot be mistakenly identified as containing food or beverages; and

(e) be labelled with:

(i) the product name or chemical name; and

(ii) the signal word and hazard statement consistent with the correct classification of the substance.

(3) However, subclause (2)(e) does not apply if—

(a) the substance is used so soon after being put in container 2 that it is impracticable to label the container in accordance with this provision; and

(b) container 2 is thoroughly cleaned immediately after the substance is used so that no residue remains that may present a hazard.

21 Substances to be kept away from incompatible substances (1) This clause applies to a hazardous substance, if the substance has—

(a) a hazard classification or description specified in Schedule 3, and at a place in a quantity not exceeding the relevant quantity specified in Schedule 3:

(b) the hazard classification hazardous to the aquatic environment.

(2) The person in charge of the substance must ensure—

(a) the substance does not come into contact with any substance or material with which it is incompatible; and

(b) any container of an incompatible substance or material is stored separately.

(3) For the purposes of this clause—

(a) a substance that is in a hazard class, or has a hazard classification or description specified in column 1 of Schedule 4 is incompatible with any substance or material listed alongside the substance in column 2; and

(b) a substance in any of the hazard classes oxidising gases, oxidising liquids or oxidising solids is also incompatible with any other substance or material that will combust with air, or will combust with or catalyse the decomposition of an oxidising substance; and (c) a substance in the hazard class organic peroxides is also incompatible with any other substance or material that will combust with air, or will combust with or catalyse the decomposition of an organic peroxide.

Deleted: is Deleted: of Deleted: class 9.1

Deleted: of a

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22 Management of small quantities of explosives (1) This clause applies to a substance that—

(a) has a hazard classification or description specified in row A in Schedule 3; and (b) is at a place in a quantity not exceeding the relevant quantity specified in Schedule 3.

(2) The person in charge of the substance must ensure that the substance is—

(a) if left unattended, secured in a way that ensures an unauthorised person cannot gain access to it:

(b) if stored, kept—

(i) away from any ignition sources (including heat, hot surfaces, open flames, and sparks); and

(ii) only in its original packaging.

Compare SR 2017/131 r 9.18(3), 9.23

23 Management of small quantities of flammable substances (1) This clause applies to a substance that—

(a) has a hazard classification or description specified in row B in Schedule 3; and (b) is at a place in a quantity not exceeding the relevant quantity specified in Schedule 3.

(2) Except where the ignition of the substance is intended, the person in charge of the substance must ensure it is not exposed to any ignition source (including heat, hot surfaces, open flames, or sparks) that may result in an explosion or a fire.

(3) If the substance is not being used, the person in charge of the substance must ensure that the substance is kept in—

(a) a container that is tightly closed; and (b) a well-ventilated and cool place only.

Compare SR 2017/131, rr 10.5, 10.8, 10.21.

24 Management of small quantities of oxidising substances or organic peroxides (1) This clause applies to a substance that—

(a) has a hazard classification specified in row C in Schedule 3; and

(b) is at a place in a quantity not exceeding the relevant quantity specified in Schedule 3.

(2) The person in charge of the substance must ensure that the substance—

(a) does not come into contact with any ignition source (including heat, hot surfaces, open flames, or sparks), that may result in an explosion or a fire; and

Deleted: <#>This clause applies to a class 1 substance if the substance is—¶

of a hazard classification or description specified in Schedule 3; and ¶

at a place in a quantity not exceeding the relevant quantity specified in Schedule 3.

Deleted: <#>This clause applies to a class 2, 3, or 4 substance if the substance is—¶

at a place in a quantity not exceeding the relevant quantity specified in Schedule 3. ¶

Deleted: <#>This clause applies to a class 5 substance if the substance is—¶

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(b) if left unattended, is secured in a way that ensures an unauthorised person cannot gain access to it.

(3) If the substance is not being used, the person in charge of the substance must ensure that the substance is kept in a sealed package or container.

Compare SR 2017/131 rr 12.1, 12.2(2), 12.3, 12.5

25 Management of small quantities of substances corrosive to the skin (1) This clause applies to a substance that—

(a) has a hazard classification specified in row E in Schedule 3; and

(b) is at a place in a quantity not exceeding the relevant quantity specified in Schedule 3.

(2) The person in charge of the substance must ensure the substance—

(a) if left unattended, is secured in a way that ensures an unauthorised person cannot gain access to it;

(b) is stored or handled in a well-ventilated place only.

(3) If the substance is not being used, the person in charge of the substance must ensure that it is kept in a sealed package or container.

Compare SR 2017/131 rr 13.10 13.29, 13.26(2)

26 Storage or use of LPG indoors

A person in charge of a place where LPG is located, must ensure that the amount stored or used indoors does not exceed the maximum quantity or maximum cylinder size specified alongside the description of the place in Schedule 5.

Compare SR 2017/131 r 11.42

27 Outdoor storage of LPG in quantities more than 100 kg but less than 300 kg (1) A PCBU delivering LPG to a place where, after the delivery, the total quantity of LPG at the

place is more than 100 kg but less than 300 kg must—

(a) ensure the LPG is stored in cylinders and the cylinders are located outside; and (b) ensure the place meets the minimum standards described in regulation 11.43(4) of the

HSW HS Regulations; and

(c) fix in a permanent and prominent location a unique numbered compliance plaque confirming that the place is compliant with the minimum standards described in regulation 11.43(4) of the HSW HS Regulations.

(2) The PCBU must ensure the compliance plaque—

(a) is fixed within 60 days of the PCBU’s initial delivery of LPG to the place; and (b) has an expiry date no longer than 3 years from the date of issue.

Deleted: corrosive

Deleted: <#>This clause applies to a class 8.2 substance if the substance is—¶

(23)

(3) However, a PCBU may deliver LPG without ensuring compliance with subclause (1)(c) and (2), if the place has a valid compliance plaque or a relevant test certificate at the time of delivery.

(4) The PCBU must notify the EPA as soon as practicable (and no more than 20 working days) after fixing a compliance plaque in accordance with subclause (1)(c) and provide to the EPA any information regarding the plaque or the place which the EPA may request, in a manner or form approved by the EPA.

Compare: SR 2017/131 rr 10.35, 11.43

28 Outdoor storage of LPG in quantities of 300 kg or more

(1) The person in charge of a place where the total quantity of LPG is 300 kg or more must ensure that the place has a current HSNO certificate or a relevant test certificate.

(2) The HSNO certificate must certify that the place would (if it were in a workplace) meet the requirements for a compliance certificate under regulation 10.34(1) of the HSW HS Regulations (including all relevant requirements referred to within that regulation), with all necessary modifications, as if—

(e) any reference in those regulations to “work” is replaced with “activities”, except where the word “work” appears in the phrases “safe work instrument”, “work supervisor”, or in the title of regulations made under the HSW Act:

(E) reduce the required capacity of secondary containment system:

(ii) the requirements for fire extinguishers under Subpart 1 of Part 5 of those regulations:

(24)

(h) any requirement to notify or provide information to WorkSafe is replaced by a requirement to notify or provide the information to the EPA:

(i) any references in those regulations to a compliance certificate or compliance certifier are omitted.

(3) A PCBU must not deliver LPG to a location if, after the delivery, the total quantity of LPG at the location is 300 kg or more, unless the location has a HSNO certificate issued in accordance with subclause (2), or a relevant test certificate.

Compare: SR 2017/131 rr 10.34

29 Stationary container systems for domestic oil burning installations that do not exceed 2 500 L in capacity

(1) This clause applies to a stationary container system if—

(a) it is in a building; and

(b) it is used to contain a hazardous substance; and (c) it is used to supply a fuel to a burner; and

(d) the stationary container system has a capacity of 60 L or more; and

(e) the stationary tank used to store the substance has a capacity of 2 500 L or less.

(2) A person must not fill or partially fill the tank within the stationary container system with a hazardous substance that has a flashpoint less than 50 ºC.

(3) A person who installs the stationary container system must ensure that:

(a) the stationary tank that is used to store the substance—

(i) is located outdoors; and

(ii) has a secondary containment system, if the capacity of the stationary tank is greater than 1 200 L; and

(iii) is of a design that is certified under regulation 17.93(1)(a) of the HSW HS Regulations; and

(iv) is constructed by a fabricator that is certified under regulation 17.93(1)(b) of the HSW HS Regulations, in respect of that design; and

(v) is marked in accordance with regulation 17.76(1) of the HSW HS Regulations; and (b) the burner is—

(i) of a type approved in accordance with Subpart 12 (Burners) of Part 17 of the HSW HS Regulations; and

(ii) fed by gravity; and

(25)

(c) any pipework that forms part of the stationary container system complies with regulation 17.59 of the HSW HS Regulations; and

(d) the installation is equipped with an emergency shutdown valve that:

(i) stops the supply of fuel from the stationary tank to the burner; and

(ii) is located outside the building and as close as practicable to the stationary tank.

Compare: Gazette 2006, p 872 r 64

30 Stationary container systems for domestic oil burning installations greater than 2 500 L in capacity

(1) This clause applies to a stationary container system if—

(a) it is used to contain a hazardous substance; and (b) it is used to provide fuel to a burner; and

(c) the stationary tank used to store the substance that is part of the stationary container system has a capacity greater than 2 500 L.

(2) A person must not fill or partially fill the stationary tank within the stationary container system with a hazardous substance that has a flashpoint less than 50 ºC.

(3) A person who installs the stationary containment system, and any person who fills or partially fills the stationary tank within the stationary container system with a hazardous substance, must ensure the stationary container system has a HSNO certificate issued in accordance with subclause (4), or a relevant test certificate.

(4) The HSNO certificate must certify that the stationary container system would (if it was in a workplace) meet the requirements for a compliance certificate to be issued under regulation 17.91 of the HSW HS Regulations, with all necessary modifications.

Compare SR 2017/131 rr 17.91

31 Stationary container systems for an internal combustion engine (1) This clause applies to a stationary container system if—

(a) it is used to contain a hazardous substance; and

(b) it is used to provide fuel to an internal combustion engine; and

(c) in the case of a system used to contain a substance with a hazard classification of flammable liquids Category 1, Category 2 or Category 3, it has a capacity of 50 L or more; and

(d) in the case of a system used to contain any other hazardous substance, it has a capacity of 500 L or more.

(2) A person who installs the stationary container system, and any person who fills or partially fills the stationary tank within the stationary container system with a hazardous substance, must

Deleted: class 3.1A, 3.1B or 3.1C

(26)

ensure the stationary container system has a HSNO certificate issued in accordance with subclause (3), or a relevant test certificate.

(3) The HSNO certificate must certify that the stationary container system would, if it were situated in a workplace, meet the requirements for a compliance certificate to be issued under regulation 17.91 of the HSW HS Regulations, with all necessary modifications.

32 Filling of SCUBA cylinders

A person must not charge a self-contained underwater breathing apparatus unless—

(a) the cylinder—

(i) has passed the tests referred to in regulation 15.56(2) of the HSW HS Regulations, or the inspections and tests referred to in regulation 15.3(1)(b) of the HSW HS Regulations, at the intervals following manufacture specified in Schedule 22 of the HSW HS Regulations for the type of cylinder; and

(ii) meets the requirements of 15.61(1)(b) and (d) of the HSW HS Regulations (including all requirements that are referred to within that regulation); and (iii) is filled only with air that meets the requirements of regulation 15.68(1) of the HSW

HS Regulations; and (b) the person—

(i) is an approved filler; or

(ii) is supervised at all times by an approved filler while charging the cylinder; or (iii) has evidence of previously having demonstrated to the satisfaction of an approved

filler, that the person is conversant in the safe:

(A) procedures and practice for the filling of a cylinder; and (B) use of the relevant equipment.

Compare SR 2004/43 r 56; SR 2017/131 r 15.61

(27)

Subpart B: Requirements in a workplace to which the HSW Act does not apply

(2) This subpart contains one provision, which imposes requirements for hazardous substances on- board ships that are workplaces to which the HSW Act does not apply.

(3) This subpart refers to the HSW HS Regulations, and applies them for the purposes of this notice as if the HSW Act applied to the ship.

(4) However—

(a) requirements are not imposed on hazardous substances while they are being transported by sea, as the transport of hazardous substances is regulated under the Maritime Transport Act 1994; and

(b) the requirement to obtain a transhipment permit from WorkSafe is not applied, as a transhipment permit cannot be issued with respect to a ship to which the HSW Act does not apply; approval for transhipment may instead be sought from the Authority under section 51 of the Act.

34 Requirements for substances on-board ships not subject to HSW Act

(1) This clause applies to a hazardous substance in a workplace that is a ship in New Zealand to which the HSW Act does not apply.

(2) The requirements of the HSW HS Regulations apply for the purposes of this notice as if the HSW Act applied to the ship.

(3) However—

(a) this clause does not apply to a hazardous substance while it is being transported by sea; and

(b) regulation 1.10 of the HSW HS Regulations does not apply for the purposes of this notice.

(4) In this clause, New Zealand has the same meaning as in section 16 of the HSW Act.

(28)

Part 4: Substances that are hazardous to the environment Subpart A: Site and storage controls

(2) This subpart imposes requirements for substances with a hazard classification in the hazard grouping environmental hazards—

(a) in a workplace, relating to labelling, safety data sheets, stationary container systems, separation distances, secondary containment, emergency response plans, and signage;

and

(b) in a place other than a workplace, relating to stationary container systems, separation distances, emergency response plans, secondary containment, and signage.

(3) Many of the provisions of this subpart refer to certain provisions of the HSW HS Regulations, and apply them for the purposes of this notice as if they applied to certain substances with a hazard classification in the hazard grouping environmental hazards.

(4) However—

(a) the provisions of the relevant HSW HS Regulations which relate to the exercise of WorkSafe’s discretionary powers under the HSW Act are not applied, as those powers are not able to be used for the purposes of this notice; and

(b) in the case of substances with a hazard classification in the hazard grouping

environmental hazards in a place other than a workplace, additional modifications to the application of the relevant HSW HS Regulations are made, as these are necessary to ensure the requirements are relevant to the context in which they apply.

Workplace requirements

36 Application of clauses 37 to 43 Clauses 37 to 43 apply in a workplace.

37 Substances must be correctly labelled

Regulation 2.1 of the HSW HS Regulations applies for the purposes of this notice, as if any reference to a “hazardous substance” in that regulation is replaced with “substance with a hazard classification in the hazard grouping environmental hazards”.

Compare: SR 2017/131 r 2.1

Deleted: Class 9 substances

(29)

38 Safety data sheets must be obtained and accessible

Regulation 2.11 of the HSW HS Regulations applies for the purposes of this notice, as if any reference to a “hazardous substance” in that regulation is replaced with “substance with a hazard classification in the hazard grouping environmental hazards”.

Compare: SR 2017/131 r 2.11

39 Stationary container systems

Part 17 of the HSW HS Regulations apply to a substance that is in the hazard class hazardous to the aquatic environment for the purposes of this notice, with all necessary modifications, as if—

(a) the references in that Part to a hazardous substance where the class of the hazardous substance is not specified, are references to a substance that is in the hazard class hazardous to the aquatic environment:

(b) the following are omitted:

(i) regulation 17.99; and

(ii) any reference in those regulations to WorkSafe’s ability to—

(iii) any references in those regulations to a compliance certificate; and

(c) any reference in those regulations to a “relevant safe work instrument” is replaced with a reference to any safe work instrument that would be relevant to a substance with a hazard classification in the hazard grouping health hazards.

40 Separation of above ground stationary tanks containing substances that are hazardous to the aquatic environment

(1) An above ground stationary tank that contains a substance that is in the hazard class hazardous to the aquatic environment but is not also in any of the hazard classes listed in subclause (2), must be separated from another above ground stationary tank that contains a substance that is in the hazard class hazardous to the aquatic environment by not less than 1 metre.

(2) For the purposes of subclause (1), the hazard classes are:

(a) flammable gases:

(b) flammable liquids:

Deleted: class 9.1

Deleted: class 6 or 8

Deleted: class 9 hazardous substances

Deleted: hazardous substance of class 9.1 Deleted: that

Deleted: does Deleted: have a

Deleted: flammable classification Deleted: class 9.1 substance

(30)

(c) self-reactive substances and mixtures:

(d) pyrophoric liquids:

(e) self-heating substances and mixtures:

(f) substances and mixtures which, in contact with water, emit flammable gases.

(3) An above ground stationary tank that contains a substance that is in the hazard class hazardous to the aquatic environment but is not in any of the hazard classes or has any of the hazard classifications listed in subclause (4), must be separated from a protected place by a distance not less than the distance specified in Schedule 6 in relation to the size of the tank.

(4) For the purposes of subclause (3), the relevant hazard classes and hazard classifications are:

(a) flammable gases:

(b) flammable liquids:

(c) self-reactive substances and mixtures:

(d) pyrophoric liquids:

(e) self-heating substances and mixtures:

(f) substances and mixtures which, in contact with water, emit flammable gases:

(g) oxidising liquids:

(h) oxidising gases:

(i) organic peroxides:

(j) corrosive to metals:

(k) acute toxicity:

(l) skin corrosion Category 1A, 1B and 1C:

(m) serious eye damage Category 1.

Compare: (Gazette 2004, p 846, r 31; SR 2017/131 r 17.29)

41 Requirement to have secondary containment systems for pooling substances (1) This clause applies to a place within a workplace if—

(a) there is held in it, or reasonably likely to be held in it on occasion, an aggregate quantity of pooling substances that are in the hazard class hazardous to the aquatic environment more than the quantity specified in Schedule 7; and

(b) it is not a port, or part of a port facility, that is used to store hazardous substances for 72 hours or less.

(2) Regulation 13.30(2) to (5) of the HSW HS Regulations (including all requirements that are referred to within those provisions) apply for the purposes of this clause as if:

Deleted: <#>¶

An above ground stationary tank that contains a class 9.1 hazardous substance that does not also have a flammable classification, or a class 5, 6.1A, 6.1B, 6.1C, 6.1D, or 8 classification, must be separated from a protected place by a distance not less than the distance specified in Schedule 6 in relation to the size of the tank.

(31)

(a) any reference to a class 6 or 8 substance is replaced with a reference to a pooling substance that is in the hazard class hazardous to the aquatic environment; and (b) regulation 17.100(3)(a) (which relates to reductions in required capacity for secondary

containment on application to WorkSafe, and is incorporated into regulation 13.30) is omitted; and

(c) any reference in those regulations to a “relevant safe work instrument” is replaced with a reference to any safe work instrument that would be relevant to a substance with a hazard classification in the hazard grouping health hazards.

Compare: SR 2017/131 r 13.30

42 Emergency response plans

(1) Regulations 5.6 to 5.12 of the HSW HS Regulations apply for the purposes of this notice in relation to a substance that is in the hazard class hazardous to the aquatic environment, as if the references to Schedule 5 in those regulations were references to Schedule 7 of this notice.

(2) An emergency response plan required by this clause may be part of any other management documentation for an emergency whether—

(a) required by or under the HSW Act or another enactment; or (b) undertaken by a PCBU for some other reason.

Compare: SR 2001/123 rr 25, 28, 29, 30, 31, 32, 33, 34, SR 2017/131 rr 5.6 - 5.13

43 Signage

Regulations 2.5 to 2.10 of the HSW HS Regulations apply for the purposes of this notice in relation to a substance that is in the hazard class hazardous to the aquatic environment, as if the references to Schedule 3 in those regulations were references to Schedule 8 of this notice.

Compare: SR 2017/131 rr 2.5 to 2.10, SR 2001/123 r 42, and SR 2001/124 rr 51 and 52

Requirements in a place other than a workplace

44 Requirements for storage and emergency management (secondary containment, emergency response plans and signage)

(1) Clauses 39 to 43 apply in any place other than a workplace, subject to the modifications described in subclause (2).

(2) Where provisions of the HSW HS Regulations are referred to in clauses 39 to 43, those regulations must be read subject to the following modifications (in addition to those described in clauses 39 to 43):

Deleted: class 6 or 8 substance

(32)

(b) any other reference to “workplace” in those regulations is replaced with “place”, except where the word “workplace” appears in the title to regulations made under the HSW Act:

(e) any reference in those regulations to “work” is replaced with “activities”, except where the word “work” appears in the phrases “safe work instrument” or “work supervisor”, or in the title of regulations made under the HSW Act:

(f) any reference in those regulations to “worker” is replaced with “person in the place”, except where the word “worker” appears in the phrase “emergency service worker”.

Subpart B: Use of substances that are hazardous to the environment

45 Application of subpart

Unless otherwise stated, this subpart applies in any place, whether or not it is a workplace.

46 Adverse effects to be avoided when applying agrichemicals

A person who applies an agrichemical with a hazard classification in the hazard grouping environmental hazards must take all reasonable steps to ensure that the substance does not cause any significant adverse effects to the environment beyond the application area.

47 Equipment must be appropriate

(1) This clause applies to a substance with a hazard classification in the hazard grouping environmental hazards, if it is used in a workplace.

(2) Regulation 13.7 of the HSW HS Regulations applies to the substance for the purposes of this notice, as if the reference to a class 8 substance is replaced with a reference to a substance with a hazard classification in the hazard grouping environmental hazards.

Compare: SR 2001/117 r 7(1) and (2), SR 2017/131 r 13.7

48 Record of application of agrichemicals

(1) This clause applies to an agrichemical, other than a veterinary medicine or a fertiliser, that is used in a workplace if it—

(a) has the hazard classification hazardous to the aquatic environment acute Category 1 or chronic Category 1; or

(b) is listed in Schedule 8A.

Deleted: class 9 pesticide

Deleted: s

Deleted: pesticides and plant growth regulators

Deleted: a class 9.1A, 9.2A, 9.3A or 9.4A pesticide or plant growth regulator, if it is used in a workplace.

(33)

(2) If 3 kg or more of the substance is applied within 24 hours, in a place where the substance is likely to enter air or water and leave the application area, a PCBU with management or control of the substance must ensure that a written record is kept of each application of the substance.

(3) A record required to be kept under this clause must include the following information:

(a) the name and HSNO approval number of the substance:

(b) the date and time of each application or discharge of the substance:

(c) the amount of the substance applied or discharged:

(d) the location where the substance was applied or discharged:

(e) if the substance is applied to or discharged in the air, a description of the wind speed and direction when the substance was applied or discharged:

(f) the name of the user of the substance and the user’s address:

(g) other measures taken to ensure there are no significant adverse effects beyond the boundary of the application area:

(h) in relation to aircraft carrying out aerial application of a substance, electronic data files that indicate locations of where the substance has been dispensed and aircraft secondary positional information (for example, geographic information system original shape files, based on Global Navigation Satellite System data).

(4) A record must be kept for not less than 3 years after the date on which the substance that the record relates to is applied or discharged.

Compare: SR 2001/117 rr 5(2), 6, SR 2017/131 rr 13.3, 13.4

49 Environmental exposure limits must not be exceeded

(1) A person must not use a substance with a hazard classification in the hazard grouping environmental hazards in a manner that allows the concentration of the substance to exceed the environmental exposure limit set for the substance in the environmental medium concerned.

(2) However, where there is an environmental exposure limit for a substance in surface water, a person must not use the substance in a manner that allows the substance to exceed the limit within receiving waters after reasonable mixing.

(3) If a person is applying an agrichemical with a hazard classification in the hazard grouping environmental hazards in an application area, subclauses (1) and (2) only apply to environmental media beyond the application area.

(4) In this clause—

(a) environmental exposure limit means a concentration of a substance in an environmental medium as set—

(b) under section 77B of the Act, unless the Authority has set the limit for guidance only; or

Deleted: a class 9 pesticide or plant growth regulator