Hazardous Substances (Classes 6, 8, and 9 Controls) Amendment Regulations 2004
Hazardous Substances (Classes 6, 8, and 9 Controls) Amendment Regulations 2004
Hazardous Substances (Classes 6, 8, and 9 Controls) Amendment Regulations 2004: revoked, on 1 December 2017, pursuant to regulation 4(1) of the Hazardous Substances (Health and Safety Reform Revocations) Regulations 2017 (LI 2017/233).
Hazardous Substances (Classes 6, 8, and 9 Controls) Amendment Regulations 2004
Reprint as at 1 December 2017
Hazardous Substances (Classes 6, 8, and 9 Controls) Amendment Regulations 2004
(SR 2004/250)
Hazardous Substances (Classes 6, 8, and 9 Controls) Amendment Regulations 2004: revoked, on 1 December 2017, pursuant to regulation 4(1) of the Hazardous Substances (Health and Safety Reform Revocations) Regulations 2017 (LI 2017/233).
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.
These regulations are administered by the Ministry for the Environment.
Pursuant to section 75(1)(d), (e), and (f) of the Hazardous Substances and New Organisms Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council (given on the recommendation of the Minister for the Environment made in compliance with section 141(1) of that Act), makes the following regulations.
Contents
1 Title
(1)
These regulations are the Hazardous Substances (Classes 6, 8, and 9 Controls) Amendment Regulations 2004.
(2)
In these regulations, the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 20011 are called “the principal regulations”
.
2 Commencement
These regulations come into force on the 28th day after the date of their notification in the Gazette.
3 Requirement to keep record of application or discharge
(1)
The heading to regulation 5 of the principal regulations is amended by omitting the words “or discharge”
.
(2)
Regulation 5(1) of the principal regulations is amended by omitting the words “or discharge”
in both places where they occur.
(3)
Regulation 5(1) of the principal regulations is amended by inserting, after the words “or 8.2B substance”
, the words “applied for the purpose of causing biocidal action”
.
(4)
Regulation 5(2) of the principal regulations is amended by inserting, after the words “or 9.4A substance”
, the words “applied for the purpose of causing biocidal action”
.
(5)
Regulation 5(2) of the principal regulations is amended by omitting the words “or discharge”
.
(6)
Regulation 5(2) of the principal regulations is amended by omitting the words “or discharged”
.
4 Protective clothing and equipment
Regulation 8 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:
(1)
A person who handles a class 6.1A, 6.1B, 6.1C, 6.1D, 6.3A, 6.5A, 6.5B, 6.6A, 6.6B, 6.7A, 6.7B, 6.8A, 6.8B, 6.8C, 6.9A, 6.9B, 8.2A, 8.2B, 8.2C, or 8.3A substance must use protective clothing or equipment that is designed, constructed, and operated to ensure that the person—
(a)
does not come into contact with the substance; and
(b)
is not exposed to a concentration of the substance that is greater than the workplace exposure standard for the substance.
5 Quantities of class 6, 8, and 9 substances that must be under personal control of approved handler or secured
Regulation 9 of the principal regulations is amended by adding the following subclauses:
(3)
Despite subclauses (1) and (2), a class 9 substance may be handled by a person who is not an approved handler if the substance is contained in sealed packaging.
(4)
Subclause (3) does not apply during the following stages of the lifecycle of the substance:
(a)
formulation; and
(b)
manufacture; and
(c)
application.
6 Carriage on passenger service vehicles
Regulation 10 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:
(1)
A person must not carry on a passenger service vehicle a class 6.1, 6.3, 6.4, or 6.5 substance, or any class 8 substance, unless—
(a)
the substance is in sealed packaging; and
(b)
the quantity of the substance in the package is not more than the maximum quantity for the class of substance specified in Schedule 2.
7 Prohibition on use of substance in excess of tolerable exposure limit
8 Vertebrate poisons
9 Workplace exposure standard
(1)
(2)
Regulation 29(4) of the principal regulations is amended by omitting the words “If a workplace exposure standard applies to a place of work, the person in charge of the place of work”
, and substituting the words “The person in charge of a place of work”
.
10 Environmental exposure limits for substances
Regulation 32 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:
(1)
The environmental exposure limits for classes 9.1 and 9.2 substances are,—
(a)
in the case of a class 9.1 substance, 0.1 micrograms of substance per litre of water:
(b)
in the case of a class 9.2 substance, 1 microgram of substance per kilogram of dry weight of soil.
11 Application area
Regulation 46 of the principal regulations is amended by inserting, after the words “in relation to a substance”
, the words “designed for biocidal action”
.
12 Certain restrictions not to apply in application area
13 Application rate for substance within application area
Regulation 48(2) of the principal regulations is amended by omitting the words “must be expressed as a quantity of the substance for each unit of area, and”
.
14 Use of ecotoxic substances as bait
Regulation 51 of the principal regulations is amended by adding the following paragraphs:
(d)
bait size:
(e)
degree of palatability.
Schedule New Schedule 2 substituted
r 15
Schedule 2 Maximum quantities per package of certain class 6, 8, and 9 substances permitted on passenger service vehicles
r 10
| Hazard classification | Gas (aggregate water capacity in mL) | Liquid (L) | Solid (kg) |
|---|---|---|---|
| 6.1B | 120 | 0.1 | 0.5 |
| 6.1C | 120 | 1 | 3 |
| 6.1D or 6.1E | 120 | 10 | 10 |
| 6.3A | 120 | 1 | 3 |
| 6.3B | 120 | 10 | 10 |
| 6.4A | 120 | 1 | 3 |
| 6.5A or 6.5B | 120 | 0.1 | 0.5 |
| 8.2B | 120 | 0.5 | 1 |
| 8.2C | 120 | 1 | 2 |
| 8.3A | 120 | 1 | 2 |
Diane Morcom,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on the 28th day after the date of their notification in the Gazette, amend the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001, by—
-
•
removing the requirement in regulation 5(1) and (2) for written records of all applications of certain classes 6 and 8 substances, and limiting the requirement for written records to those substances applied for a biocidal purpose. Records are no longer required for discharges of those substances (regulation 3):
- •
- •
- •
- •
- •
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 26 August 2004.
Eprint notes
1 General
This is an eprint of the Hazardous Substances (Classes 6, 8, and 9 Controls) Amendment Regulations 2004 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 About this eprint
This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.
3 Amendments incorporated in this eprint
Hazardous Substances (Health and Safety Reform Revocations) Regulations 2017 (LI 2017/233): regulation 4(1)
1 SR 2001/117