New Zealand Gazette – 2005 – No. 99

Page 2349

✨ Hazardous Substances Regulations

29 JUNE 2005 NEW ZEALAND GAZETTE, No. 99 2349

(d) a stationary container system to which Schedule 8 of the Hazardous Substances
(Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 applies by
virtue of clause 6(1)(k) of this notice.

4 Compliance with obligations and restrictions as at 30 June 2005 for transitional period

(1) A person complies with the Act in relation to a hazardous substance to which this notice
applies, if the person complies with all obligations and restrictions that were in force in relation
to the hazardous substance as at the close of 30 June 2005.

(2) This subclause is subject to any other provision of this Schedule.

(3) This clause expires with the close of 31 December 2005.

5 Transitional provision for hazardous substance locations

(1) This clause applies to every licence granted or deemed to be granted by the Authority under
section 217 of the Act, and every provisional licence granted under section 218 of the Act, that
is in force immediately before the close of 30 June 2005.

(2) Every licence to which this clause applies continues in force for the purposes of this Schedule.

(3) On and from 1 January 2006 every licence to which this clause applies is deemed to be a test
certificate issued under—
    (a) in the case of a class 2.1.2 or class 3.1 hazardous substance, regulation 81 of the
    Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001; or
    (b) in the case of a class 5.1.1 hazardous substance, regulation 98 of those regulations.

(4) A test certificate referred to in subclause (3) expires with the close of 30 June 2006.

(5) While a test certificate referred to in subclause (3) is in force, regulations 77(2) and 94(3) of
the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 do not apply to the
hazardous substance location to which the test certificate relates.

6 Full test certificate for hazardous substance location
The holder of a test certificate referred to in clause 5(3) must obtain a test certificate issued by
a test certifier no later than the close of 30 June 2006.

7 Approved handlers

(1) Where regulation 9 of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations
2001 requires that something be done in relation to a hazardous substance to which this notice
applies by an approved handler, that regulation is complied with if that thing is done by a
person who establishes, that he or she, during the whole of a qualifying period referred to in
subclause (2), has been handling the hazardous substance concerned or any other substance
with similar hazardous properties in the relevant phase of its lifecycle under one or more of the
enactments relevant to that handling referred to in regulation 6(1) of the Hazardous Substances
and New Organisms (Personnel Qualifications) Regulations 2001.

Next Page →