HAZARDOUS SUBSTANCE & NEW ORGANISMS ACT 1996 Flashcards
Hazardous Substances and New Organisms Act 1996
What does a Hazardous Substance mean ?
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
Hazardous Substances and New Organisms Act 1996
What is the meaning of “new organism” ?
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
Hazardous Substances and New Organisms Act 1996
Define an Emergency ?
- 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
Hazardous Substances and New Organisms Act 1996
Define Enforcement Officer under this Act ?
Includes:
- any Constable
- any Employee, volunteer or contracted Fire officer
Hazardous Substances and New Organisms Act 1996
Section 136, Declaration of emergency.
When an emergency has been declared what should an Enforcement Officer do ?
- 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
Hazardous Substances and New Organisms Act 1996
When an emergency is declared, when will it cease? (Section 136(4))
- 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
Hazardous Substances and New Organisms Act 1996
If emergency still exists 48 hours after the time of declaration, can this be extended ?
Yes - another 48 hours, (OR until a State of Emergency, Biosecurity Act or Fire Emergency Act provisions apply)
Hazardous Substances and New Organisms Act 1996
Under section 137, what powers apply to an Enforcement Officer when an emergency has been declared ?
- 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