The HSNO Act sets controls on hazardous substances at national level regardless of location. The RMA allows local authorities to manage the effects of the use of hazardous substances in specific locations, taking into account sensitive environments or conditions.

Where a regional council imposes conditions under the RMA, these may be stricter, but not less strict, than the minimum requirements under the HSNO Act.

Hazardous substances

Hazardous Substances and New Organisms Act 1996

The Hazardous Substances and New Organisms (HSNO) Act (1996) was established "To protect the environment and the health and safety of people and communities by preventing or managing the adverse effects of hazardous substances and new organisms." The HSNO Act is administered by the Ministry for the Environment but is implemented by the Environmental Risk Management Authority (ERMA) and enforced by various agencies.

The HSNO Act achieves its purpose by setting controls at a national level on the use, importation, manufacture and sale of imported or manufactured hazardous substances. The controls for hazardous substances establish what you must do to comply with HSNO legislation.

Controls include specific requirements for labelling and packaging of hazardous substances. Other controls include the requirement to certify, through obtaining a test certificate, certain hazardous substance storage locations. If you store very flammable substances or oxidising substances at your facility and they exceed the amounts set down in the legislation, you may need a Location Test Certificate. This will require a Test Certifier to visit your site to issue it. To find a Test Certifier in Canterbury, visit the ERMA website.

Other examples of controls include the requirement for some hazardous substances to be under the control of an Approved Handler. An Approved Handler is only required for the most hazardous of substances. This is determined by the hazard classification of the substance and the amount being used. To become an approved handler you must be issued an Approved Handler Test Certificate by a Test Certifier. To find a test certifier in Canterbury, visit the ERMA website.

The HSNO Act specifies agencies with responsibility to ensure that the provisions of the Act are enforced. These agencies are:

• Department of Labour
• Ministry of Commerce
• Land Transport Safety Authority
• Police
• Civil Aviation Authority
• Maritime Safety Authority
• Ministry of Health
• Local Authorities
• Regional Councils

It is optional for regional councils to enforce the HSNO Act and, at present, Environment Canterbury has decided not to take up that option.

What you need to know about HSNO?
What you need to know will largely depend on what you have, how much you have and how you store it.

To find out what controls have been placed on the substances you use:

• See the Hazardous Substance Register. If you can't find the substances you are looking for, contact your supplier for more details as the registers do not record all the trade names used for substances.
• For general compliance and enforcement enquiries contact the ERMA Compliance Unit - tel: 0800 376 234 or email: hsinfo@ermanz.govt.nz.

 

The Resource Management Act 1991 (RMA)

The Resource Management Act 1991 (RMA) is concerned with the management of natural and physical resources. Under Sections 30 and 31 of the RMA, local authorities are given specific responsibilities for management of hazardous substances. Environment Canterbury has specific responsibility under Section 30(1)(c) of the Resource Management Act 1991 (RMA) to control land use for the prevention or mitigation of any adverse environmental effects of the storage, use, disposal or transportation of hazardous substances. Environment Canterbury also has responsibility under Section 30(1)(f) to control the discharge of contaminants, such as hazardous substances, into the environment. Environment Canterbury achieves this through objectives, policies and rules in regional plans.

To fulfil these responsibilities Environment Canterbury has:

• Developed a Regional Policy Statement that includes objectives and policies for hazardous substances.
• Developed the Proposed Natural Resources Regional Plan which includes rules that control the use of land to store hazardous substances, the application of hazardous substances and the disposal of hazardous substances.

If you are using or storing one of the following hazardous substances:

• petroleum hydrocarbons, including those for cooling purposes, but excluding liquefied petroleum gas,
• chlorinated hydrocarbons,
• agrichemicals,
• timber preservatives, or
• any other substance containing, arsenic, cadmium, chromium, cyanide, lead, mercury, nickel, or selenium,

you may need resource consent from Environment Canterbury.

Please contact customer services for more information.

To find out more about the Resource Management Act 1991 (RMA) and what it means to you, the Ministry for Environment has put together a guide. Use the Getting in on the Act guide to find out what the RMA does, how it works, and how it affects you in your daily life.

Pollution

Environment Canterbury has responsibility under the RMA to control discharges of contaminants into or onto land, water and air.

To control discharges into the environment, Environment Canterbury has provisions in regional plans, requires resource consents, and can take enforcement action.

Two of the main causes of land and water pollution from industrial sites are:

• Allowing liquid wastes to drain into stormwater systems.
• Spills of hazardous substances.

Environment Canterbury has developed a Pollution Prevention Guide that includes information and checklists to help businesses to comply with the RMA and other laws. Find out more about the Pollution Prevention Guide.

As an enforcement agency under the RMA, Environment Canterbury can take the following enforcement action:

• Issue infringement and abatement notices.
• Issue enforcement orders.
• Prosecute (potentially leading to fines and /or imprisonment).
• Recover costs for investigation and clean up.

Find out more information about enforcement or access the regional rules for discharges and preventing pollution in the Proposed Natural Resources Regional Plan.