The Environmental Protection Authority and Ministry for the Environment are consulting on a proposed infringement scheme for hazardous substances
The scheme relates to EPA Notices, not WorkSafe and the HSW Hazardous Substances Regulations.
Of particular interest is the EPA Hazardous Property Controls Notice 2017, industry association Responsible Care New Zealand (RCNZ) says. This covers everything chemical related outside of the workplace (e.g. LPG in homes, warehouses, barbecues, and patio/indoor heaters that use a cylinder) together with all environmentally toxic substances in and out of the workplace.
Importantly, this consultation also includes the sale of ‘workplace-only’ chemicals.
The scheme falls under the Hazardous Substances and New Organisms Act 1996 (HSNO Act).
Enforcement under the HSNO Act is currently limited to warning letters, compliance orders or prosecution. The proposed infringement scheme would give enforcement officers more tools to deal with lower-level offending.
Proposed fines range from $200 to $3,000, depending on the nature of the offence. Prosecution will continue to apply for more serious offending.
This is the third attempt by EPA to introduce an infringement fee for selected examples of ‘failing to comply’.
The scheme is additional to existing infringement regimes for hazardous substances, for example the Health and Safety at Work (Infringement Offences and Fees) Regulations 2016.
Make a Submission
RCNZ needs your help in determining the industry’s collective response to this proposal. You are encouraged to make a submission and provide RCNZ with a copy.
RCNZ wants to hear what you think about the proposed infringement scheme and the proposed offences and fines that go with it. All general feedback is also welcome.
Read the consultation document and make a submission on the EPA website. Submissions close at 5:00pm on 28 August 2023.
