HAZARDOUS SUBSTANCE & NEW ORGANISMS ACT 1996 Flashcards

1
Q

Hazardous Substances and New Organisms Act 1996

What does a Hazardous Substance mean ?

A

Any substance with one or more intrinsic properties:

  • Explosiveness
  • Flammability
  • Capacity to Oxidise
  • Corrosiveness
  • Toxicity and Eco-toxicity (with or without bioaccumulation)

OR
On contact with air or water generates substance above

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2
Q

Hazardous Substances and New Organisms Act 1996

What is the meaning of “new organism” ?

A

Organism;

  • not present in NZ before 29 July 1998
  • not present in NZ at time of promulgation (new law passed)
  • which containment approval has been given
  • conditional release approval given
  • qualifies approval for release with controls
  • genetically modified
  • has been eradicated from NZ
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3
Q

Hazardous Substances and New Organisms Act 1996

Define an Emergency ?

A
  • Actual or imminent danger to human health or safety; OR
  • a danger to environment or chattels so significant that immediate action required to remove hazardous substance or new organism
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4
Q

Hazardous Substances and New Organisms Act 1996

Define Enforcement Officer under this Act ?

A

Includes:

  • any Constable
  • any Employee, volunteer or contracted Fire officer
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5
Q

Hazardous Substances and New Organisms Act 1996
Section 136, Declaration of emergency.
When an emergency has been declared what should an Enforcement Officer do ?

A
  • identify himself to persons in the vicinity; AND
  • State his authority to exercise emergency powers; AND
  • Announce nature of emergency and the area likely affected
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6
Q

Hazardous Substances and New Organisms Act 1996

When an emergency is declared, when will it cease? (Section 136(4))

A
  • 48 hours after time of declaration; OR
  • When state of emergency declared; OR
  • when treated under Fire and Emergency NZ Act 2017
  • when emergency declared under section 144 Biosecurity Act 1993
    … whichever is the sooner
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7
Q

Hazardous Substances and New Organisms Act 1996

If emergency still exists 48 hours after the time of declaration, can this be extended ?

A

Yes - another 48 hours, (OR until a State of Emergency, Biosecurity Act or Fire Emergency Act provisions apply)

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8
Q

Hazardous Substances and New Organisms Act 1996

Under section 137, what powers apply to an Enforcement Officer when an emergency has been declared ?

A
  • Enter any premises
  • exercise any powers under this act
  • Direct any person to stop activities contributing to emergency
  • Direct any person from entering vicinity of emergency
  • requisition any property for use in emergency
  • destroy any property to prevent or limit extent of emergency
  • Secure site for up to 24 hours following immediate danger is past
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