Hazardous Substances (Tracking) Regulations 2001
Hazardous Substances (Tracking) Regulations 2001: revoked, on 1 December 2017, by regulation 4(1) of the Hazardous Substances (Health and Safety Reform Revocations) Regulations 2017 (LI 2017/233).
Reprint as at 1 December 2017
Hazardous Substances (Tracking) Regulations 2001
(SR 2001/120)
Hazardous Substances (Tracking) Regulations 2001: revoked, on 1 December 2017, by regulation 4(1) of the Hazardous Substances (Health and Safety Reform Revocations) Regulations 2017 (LI 2017/233).
Silvia Cartwright, Governor-General
Order in Council
At Wellington this 28th day of May 2001
Present:
Her Excellency the Governor-General in Council
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
These regulations are administered by the Ministry for the Environment.
Pursuant to sections 75 and 76 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.
Regulations
1 Title
These regulations are the Hazardous Substances (Tracking) Regulations 2001.
2 Commencement
These regulations come into force on 2 July 2001.
3 Interpretation
In these regulations, unless the context otherwise requires,—
Act means the Hazardous Substances and New Organisms Act 1996
approved handler has the same meaning as in the Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001
class 1 substance has the same meaning as in the Hazardous Substances (Classification) Regulations 2001
person in charge, in relation to any place, has the same meaning as in the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001
place has the same meaning as in the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001
tracked substance means a hazardous substance that has 1 or more hazard classifications listed in Schedule 1 (not including those substances listed in paragraphs (a) to (g) of that schedule)
treatment, in relation to a hazardous substance, includes incorporating the substance into any other substance or product.
Regulation 3 tracked substance: amended, on 23 September 2004, by regulation 3 of the Hazardous Substances (Tracking) Amendment Regulations 2004 (SR 2004/254).
4 Tracked substances to be recorded throughout lifecycle
(1)
The location and movement of every tracked substance must be recorded at each stage of its lifecycle in accordance with these regulations.
(2)
Before uplifting a tracked class 1 substance that has been imported into New Zealand, the importer must give to the New Zealand Customs Service—
(a)
written notice of the quantity of the substance to be uplifted, and the date and place of uplifting; and
(b)
a certificate, signed by or on behalf of the Authority, that the substance has an approval under section 29 of the Act.
Regulation 4(2): amended, on 23 September 2004, by regulation 4 of the Hazardous Substances (Tracking) Amendment Regulations 2004 (SR 2004/254).
5 Recording system for tracked substances
(1)
The person in charge of the place where a tracked substance is present must ensure that a record is kept of the information specified in Schedule 2.
(2)
The record must meet the location and presentation requirements specified in Part 2 of the Hazardous Substances (Identification) Regulations 2001.
(3)
The person in charge of the place where a tracked substance has been but is no longer present must ensure that the record is retained for a period of,—
(a)
if the substance has been transferred to another place, 12 months from the date of transfer; and
(b)
if the substance has undergone treatment that results in it no longer being a tracked substance, or has been intentionally or unintentionally disposed of, 3 years from the date of treatment or disposal.
(4)
Subclause (3) does not apply to a person in charge of a place that is a vehicle.
Regulation 5(4): added, on 23 September 2004, by regulation 5 of the Hazardous Substances (Tracking) Amendment Regulations 2004 (SR 2004/254).
6 Transfer of tracked substance
The person in charge of a place where a tracked substance is present may transfer the substance to another place only if he or she has received confirmation that—
(a)
an approved handler at the other place holds a test certificate as an approved handler of the substance, and is prepared to accept responsibility for the substance; and
(b)
the other place has a test certificate for the amount and hazard classification of the substance, if so required by the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 or the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001; and
(c)
any place where the substance is to be held during transit to the other place complies with—
(i)
the requirements of the Hazardous Substances (Emergency Management) Regulations 2001; and
(ii)
to the extent relevant, the requirements for a transit depot in the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001.
7 Exclusions from these regulations
(1)
These regulations do not apply to—
(a)
any substance that is required for the motive power or control of, and is contained within the fuel system, electrical system, or control system of, a vehicle, aircraft, or ship; or
(b)
any fuel gas supplied or used in a distribution system, gas installation, or gas appliance that is subject to the Gas Act 1992.
(2)
In this regulation—
distribution system has the same meaning as in section 2(1) of the Gas Act 1992
fuel gas means any fuel that is supplied through pipes or in containers and is a gas at 15°C and at 101.3 kPa absolute pressure; and includes—
(a)
biogas, coal gas, natural gas, oil gas, producer gas, refinery gas, reformed natural gas, and liquefied petroleum gas; and
(b)
any gaseous substance that the Governor-General declares by Order in Council to be a gas for the purposes of the Gas Act 1992; and
(c)
any gas that is of a composition that complies with regulations made under the Gas Act 1992 for use as a fuel
gas appliance has the same meaning as in section 2(1) of the Gas Act 1992
gas installation has the same meaning as in section 2(1) of the Gas Act 1992.
Schedule 1 Hazard classifications of substances requiring tracking
| Intrinsic property of substance | Hazard classifications as specified in Hazardous Substances (Classification) Regulations 2001 | |
|---|---|---|
| Explosiveness | All class 1 substances, except the following: (a)safety ammunition, including pre-primed cartridges and primers, of class 1.4S; and (b)airbag initiators and seatbelt pretensioners of classes 1.4G and 1.4S; and (c)cable cutters of class 1.4S (UN 0070); and (d)power device cartridges of class 1.4S (UN 0323); and (e)signal or shock tubes of class 1.4 (UN 0349); and (f)cassette degradation devices of class 1.4S (UN 0432); and (g)beyond their point of sale to the public,— (i)fireworks in classes 1.3G, 1.4G, and 1.4S that are subject to the Hazardous Substances (Fireworks) Regulations 2001; and (ii)emergency flares and signalling devices in classes 1.3G, 1.4G, and 1.4S; and (iii)model rocket motors in classes 1.4G and 1.4S; and (iv)propellants in classes 1.3C (UN 0161 and UN 0449) and 1.1C (UN 0160), in amounts of less than 15 kg; and (v)gunpowder of class 1.1D (UN 0027), in amounts of less than 15 kg; and (vi)igniting fuzes of class 1.4G (UN 0317); and (vii)igniters of class 1.4S (UN 0454). |
|
| Flammability | 3.1A and 3.2A | |
| 4.1.2A and 4.1.2B | ||
| 4.1.3A | ||
| 4.2A | ||
| 4.3A | ||
| Capacity to oxidise | 5.1.1A | |
| 5.2A and 5.2B | ||
| Toxicity | 6.1A, 6.1B, and 6.1C | |
| Ecotoxicity | 9.1A | |
| 9.2A | ||
| 9.3A | ||
| 9.4A |
Schedule 1: amended, on 28 August 2003, by regulation 3 of the Hazardous Substances (Tracking) Amendment Regulations (SR 2003/184).
Schedule 2 Information to be included in record of tracked substance
Identity of approved handler
1
If an approved handler is required to be in charge of the tracked substance under the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 or the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001, the identity of the approved handler who is in control of the tracked substance, including—
(a)
the name of the person; and
(b)
the position of the person within his or her organisation; and
(c)
the physical address of the place of work of that person; and
(d)
the hazard classifications of, and each phase of the lifecycle of, those hazardous substances for which that person has a test certificate as an approved handler, as required by the Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001, and the date on which that test certificate lapses or must be renewed.
Substance information
2
The unequivocal identification of the tracked substance.
3
The total amount of the tracked substance that the approved handler is in control of at any one time.
Location of tracked substance
4
The location of the tracked substance, with sufficient particularity to enable an enforcement officer to—
(a)
identify the exact location of the substance within 2 minutes of having obtained the record; and
(b)
physically locate the substance or its container at the place described in the record within 1 hour of arriving at the place or within the time specified in any emergency response plan required under the Hazardous Substances (Emergency Management) Regulations 2001, whichever is the shorter.
Transfer to another place
5
If a tracked substance is transferred to another place in accordance with regulation 6,—
(a)
the unequivocal identification and amount of the substance transferred; and
(b)
the address of the place, the identity of the approved handler who will be in control of the substance at that place, and the position of that approved handler within his or her organisation; and
(c)
the date on which the transfer occurred.
Disposal of tracked substance
6
If a tracked substance has been disposed of,—
(a)
the manner of disposal; and
(b)
the date on which the disposal occurred; and
(c)
the amount of the substance disposed of; and
(d)
the location of the place where the substance was disposed of.
Martin Bell,
Acting for Clerk of the Executive Council.
Date of notification in Gazette: 31 May 2001.
Reprints notes
1 General
This is a reprint of the Hazardous Substances (Tracking) Regulations 2001 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Hazardous Substances (Health and Safety Reform Revocations) Regulations 2017 (LI 2017/233): regulation 4(1)
Hazardous Substances (Tracking) Amendment Regulations 2004 (SR 2004/254)
Hazardous Substances (Tracking) Amendment Regulations 2003 (SR 2003/184)