Hazardous Substances and New Organisms Act 1996 Flashcards
Section 2, 135-137
Definition of “Hazardous substance”?
- Hazardous substance means:
(a) With one or more of the following intrinsic properties:
(i) Explosiveness
(ii) Flammability
(iii) A capacity to oxidise
(iv) Corrosiveness
(v) Toxicity (including chronic toxicity)
(vi) Eco-toxicity, with or without bioaccumulation
(b) Which on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) generates a substance with any one or more of the properties specified in paragraph (a) of this definition
Explain Section 2A - meaning of term “new organism”?
- A new organism is -
(a) An organism belonging to a species that was not present in New Zealand immediately before 29 July 1998
(b) An organism belonging to a species, sub-species, infra-subspecies, variety, strain, or cultivar prescribed as a risk species, where that organism was not present in New Zealand at the time of promulgation of the relevant regulation
(c) An organism for which a containment approval has been given under this Act
(ca) An organism for which a conditional release approval has been given
(cb) A qualifying organism approved for release with controls
(d) A genetically modified organism
(e) An organism that belongs to a species, subspecies, infra-subspecies, variety, strain, or cultivar that has been eradicated from New Zealand
Explain Section 135 - Interpretation of Emergency?
- Emergency means -
(a) Actual or imminent danger to human health or safety
(b) A danger to the environment or chattels so significant that immediate action is required to remove the danger -
. Arising from a hazardous substance or new organism - Enforcement Officer
. Includes any Constable and any employee, volunteer, or Contractor of Fire and Emergency New Zealand exercising powers under the Fire and Emergency New Zealand Act 2017
Explain Section 136 - Declaration of emergency?
Clue: Subsections (1) - (6)
(1) Where any enforcement officer has reasonable grounds to believe that -
(a) There is an emergency; and
(b) Either, -
(i) No state of emergency has been declared under the Civil Defence Emergency Management Act 2002; or
(ii) The emergency is not being dealt with under the Fire and Emergency New Zealand Act 2017, or
(iii) No emergency has been declared under Section 144 of the Biosecurity Act 1993, or
(iv) No other enforcement officer has declared an emergency under this Act, and
(c) All or any of the powers set out in Section 137 of this Act should be exercised in order to -
(i) Enter any premises or dwelling, or
(ii) remove the cause of the emergency, or
(iii) stabilize the situation to limit the actual or likely adverse effects of the Emergency, or
(iv) protect the health and safety of people, chattels, or the environment from the actual or likely adverse effects of any emergency -
. The Enforcement officer may declare a hazardous substance or new organisms emergency
(2) A hazardous substance or new organisms emergency shall be declared by the enforcement officer by -
(a) identifying himself or herself to any persons in the vicinity; and
(b) stating his or her authority to exercise emergency powers; and
(c) announcing the nature of the emergency and the area likely to be affected
(3) Every Enforcement Officer shall notify -
(a) The person who appointed him or her as an enforcement officer, if he or she was appointed under Section 98 of this Act; and
(b) The Authority -
. Of every occasion on which a hazardous substances or new organisms emergency is declared by that officer under this Section
Note: ‘The Authority’ referred to in Section 136(3)(b) is: The Environmental Protection Authority.
(4) Any emergency declared under thus Section shall cease -
(a) 48 hours after the time of declaration; or
(b) when a state of emergency is declared under the Civil Defence Emergency Management Act 2002, or
(c) When the emergency is treated by Fire and Emergency New Zealand as an emergency under the Fire and Emergency New Zealand Act 2017; or
(d) When an emergency is declared under Section 144 of the Biosecurity Act 1993 -
. Whichever is the sooner
(5) Where the conditions which caused the emergency to be declared under subsection (1) of the Section still exist 48 hours after the time of declaration of the emergency and the emergency has not been treated as an emergency under any of the provisions in paragraphs (b), (c) and (d) of subsection (4) of this Section, one further declaration of emergency may be made under this Act and the provisions of subsection (4) of this Section shall apply accordingly.
(6) Any emergency declared under this Section shall have effect over the area specified under subsection (2)(c) of this section.
Explain Section 137 - Emergency powers?
Clue: consists of subsections (1)(a)-(j) and (2)
(1) When a hazardous substance or new organisms emergency has been declared under Section 136 of this Act, any enforcement officer may -
(a) enter any premises or any dwelling at any time without complying with the provisions of Section 103 or Section 119 of this Act;
(b) Exercise any of the powers set out in Section 103 of this Act;
(c) Exercise any of the powers set out in Section 119(5) of this Act;
(d) direct any person to stop any activity which may contribute to the emergency;
(e) request any person, either verbally or in writing, to take any action to prevent or limit the extent of the emergency;
(f) direct any person to leave any place in the vicinity of the emergency
(g) direct any person to refrain from entering the vicinity of the emergency;
(h) requisition any property for use in the emergency;
(i) destroy any property or any other thing in order to prevent or limit the extent of the emergency;
(j) secure the site for up to 24 hours following the decision of the enforcement officer that the immediate danger has past.
(2) If an enforcement officer enters any private property pursuant to the powers conferred by subsection (1) of this Section, he or she shall advise the occupier of the property as soon as practicable.
