New Zealand Gazette – 2004 – No. 128

Page 3159

✨ Hazardous Substances Regulations



1 OCTOBER 2004 NEW ZEALAND GAZETTE, No. 128 3159

Tank Wagons

18. Transitional provision for Tank Wagons

(1) In this clause the regulations means the Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004.

(2) The person in charge of a tank wagon to which regulation 4(2) of the regulations applies but which does not meet the applicable requirements of regulations 4(3)(a) or (b) or 4(4) of the regulations must—

a) no later than 2 years after the commencement of this notice, engage a test certifier qualified to issue a pre-commissioning test certificate under regulation 35 of the regulations to undertake an assessment and prepare a report as to the extent to which the tank wagon complies with the regulations; and

b) if the test certifier determines that the tank wagon does not comply with the regulations, no later than 3 years after the commencement of this notice, give the Authority a compliance plan setting out—

    i) the test certifier’s view, based on whatever information is available to the test certifier, as to the extent to which the tank wagon has been maintained and repaired to conform to the standard to which it was constructed; and

    ii) how, and the time within which, the tank wagon, or the operational procedures applying to it, or both, will be altered so that it complies with—

        A) that standard; or

        B) the regulations.

(3) The Authority must, as soon as practicable after receiving a compliance plan under subclause (2)(b) —

a) approve it; or

b) decline to approve it.

(4) If the Authority declines to approve a compliance plan,—

a) the Authority must advise the person who gave the compliance plan to the Authority of the Authority’s reasons for declining to approve it; and

b) the Authority and that person must attempt to agree on amendments to the compliance plan that the Authority considers will allow it to approve the compliance plan.

(5) If the Authority and the person who gave the compliance plan to the Authority agree on amendments to the compliance plan, the Authority must approve the compliance plan with those amendments.



Next Page →



Online Sources for this page:

VUW Te Waharoa — PDF NZ Gazette 2004, No 128


Gazette.govt.nz — PDF NZ Gazette 2004, No 128




✨ LLM interpretation of page content

🏥 Amendments to Schedule 11 of the principal notice (continued from previous page)

🏥 Health & Social Welfare
1 October 2004
Regulatory amendments, hazardous substances, compressed gases, tank wagon, test certificates, approved handlers