Roles and Responsibilities: Hazardous Substances Enforcement Under The HSNO Act 1996

Roles and
Responsibilities:
Hazardous
substances
enforcement
under the HSNO
Act 1996
DECEMBER 2020
This document replaces the previous technical guide prepared by the Environmental
Protection Authority (EPA) entitled: HSNO Enforcement Agencies. Roles and responsibilities:
identifying a lead agency following a hazardous substance non-compliance or incident (May
2012).
Contents
Abbreviations 4
Introduction 5
Hazardous substance enforcement and the law 6
Changes to New Zealand law 6

What the Hazardous Substances and New Organisms Act 1996 covers 6
What the Health and Safety at Work Act covers 6
What the Fire and Emergency New Zealand Act 2017 covers 7
Enforcement responsibility 8
Identifying lead agency to deal with incident or non-compliance 11
Identify lead agency 13
Location or place where the incident or non-compliance occurred 14

Steps after identify the lead agency 17
Enforcement tools available 19
Examples of hazardous substance enforcement 21
Acknowledgement 52
3
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
Abbreviations
Abbreviation Name in full
2017 reform 2017 Working Safer Reforms
CAA Civil Aviation Authority
CPGS Cosmetic Products Group Standard 2017
CRP Child resistant packaging
EPA Environmental Protection Authority
FENZ Fire and Emergency New Zealand
FENZ Act Fire and Emergency New Zealand Act 2017
HPC Notice Hazardous Substances (Hazardous Property Controls) Notice 2017
HSNO Act Hazardous Substances and New Organisms Act 1996
HSW Act Health and Safety at Work Act 2015
HSW HS Regulations Health and Safety at Work (Hazardous Substances) Regulations

2017
MNZ Maritime New Zealand
MoH Ministry of Health
MPI Ministry for Primary Industry
NZTA Waka Kotahi New Zealand Transport Agency
PHU Public Health Unit
Police New Zealand Police
PPD Para-phenylenediamine
RC Regional Council
RMA Resource Management Act 1991
SPCA Royal New Zealand Society for the Prevention of Cruelty to Animals
TA Territorial Authority
VTA Vertebrate toxic agent
4
Introduction
This document is designed for the agencies enforcing the Hazardous Substances and New
Organisms Act 1996 (HSNO Act). It explains which agency is responsible under the HSNO
Act for enforcing hazardous substance1 requirements following an incident or non-
compliance, and helps you work out who is the lead agency, who has a supporting role, and
where the responsibilities overlap.
This document outlines the legal framework for HSNO Act and provides scenarios to help
you to understand the different roles and enforcement responsibilities.
How the lead agency or agencies should respond to situations is the responsibility of each
agency, based on its priorities and policies.
1 Hazardous substance has the same meaning as in the HSNO Act:

Hazardous substance means, unless expressly provided otherwise by regulations or an EPA notice, any
substance—
(a) with 1 or more of the following intrinsic properties:
(i) explosiveness
(ii) flammability
(iii) a capacity to oxidise
(iv) corrosiveness
(v) toxicity (including chronic toxicity)
(vi) ecotoxicity, with or without bioaccumulation; or
(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 1 or more of the properties
specified in paragraph (a).
5
Hazardous substance enforcement and the

law
This section shows the aspects of hazardous substance management that may require
enforcement, and where these legal requirements come from, including some relevant
changes to the HSNO Act since 2017.
Changes to New Zealand law

On 1 December 2017, some parts of the HSNO Act relating to hazardous substances were
amended (2017 reform), changing the way hazardous substances are managed and controls
are enforced across workplaces in New Zealand.
 Parts of the regulations under the HSNO Act (workplace controls to protect people) were
moved to the Health and Safety at Work (Hazardous Substances) Regulations 2017
(HSW HS Regulations) that sets out the requirements for hazardous substances in the
workplace.
 Amendments to Section 97 of the HSNO Act, identified the agencies with responsibilities
for enforcement of the HSNO Act, including a broader role for the Environmental
Protection Authority (EPA) and a more targeted role for WorkSafe.
What the Hazardous Substances and New Organisms Act

1996 covers
Following the 2017 reform, most of the controls to manage hazardous substances in the
workplace moved to the Health and Safety at Work Act 2015 (HSW Act) and Hazardous
Substances Regulations (HSW HS Regulations). As a result, the HSNO Act and its
associated EPA notices (which have replaced previous HSNO regulations) now cover the
following areas:
 approval of hazardous substances for use, import or manufacture in New Zealand
 rules for classification, labelling, safety data sheets and packaging of hazardous
substances
 regulation of class 9 (ecotoxic) substances (workplace and non-workplace)
 disposal of hazardous substances (workplace and non-workplace)
 regulation of all hazardous substances in non-workplaces.
What the Health and Safety at Work Act covers

Under the Health and Safety at Work Act 2015 (HSW Act), WorkSafe, or a designated
agency, enforces the various HSW HS Regulations, including:
6
 enforcing the work related rules for the manufacture, use, handling and storage of class
1–82 hazardous substances
 managing the compliance certification regime
 developing safe work instruments to set detailed and technical rules for hazardous
substances
 providing guidance, information and tools to help organisations understand their
obligations.
Designated agencies under section 191 HSW Act can perform those WorkSafe functions and
exercise those powers described in the designation instrument. A designated agency takes
over WorkSafe’s role for the functions and powers that were designated to it.
As at 30 January 2020, there were two ‘designated agencies’:

 Maritime New Zealand (MNZ), responsible for work undertaken on board ships, and
ships as workplaces
 the Civil Aviation Authority (CAA), responsible for work undertaken to prepare an aircraft
for imminent flight, work undertaken on board an aircraft for the purpose of imminent
flight or while in operation, and aircraft as workplaces while in operation.
What the Fire and Emergency New Zealand Act 2017 covers
Fire and Emergency New Zealand manages emergencies involving hazardous substances
under the Fire and Emergency New Zealand Act 2017 (FENZ Act). The trigger for a
hazardous substance emergency under the FENZ Act is lower than under the HSNO Act. We
encourage you to call 111 even if the situation is not yet life threatening.
The FENZ Act gives powers to authorised staff, if there is an emergency involving hazardous
substances, to make the situation safe, and activities that relate to this.
In addition, FENZ have the same powers and protections as enforcement officers under the
HSNO Act (so they could enter a site or take samples, for example) until an enforcement
officer arrives. FENZ, however, cannot investigate or take enforcement action under the
HSNO Act, although it can investigate the fire.
2 This includes substances that are explosives; flammable; have a capacity to oxidise; corrosive; or toxic,
including chronic toxicity, but excluding ecotoxics, radioactive substances and infectious substances
7
Enforcement responsibility
The HSNO Act (section 97) lists the government agencies having hazardous substance
enforcement responsibilities under different circumstances.
For efficiency, one agency should lead the response to each incident with support from other
agencies that have enforcement responsibilities or relevant expertise. The lead agency
decides how they will respond to the incident, based on the incident or non-compliance in
question.
Use table 1 to see which areas of enforcement fall under your agency’s legal responsibility.
Some areas of responsibility are shared by more than one agency. In this case, agencies are
encouraged to agree on who will lead the enforcement response, and to get help from the
other relevant agencies if they hold specialist expertise.
Table 1: Government agencies’ enforcement responsibilities under the HSNO Act
Agency Enforcement responsibility Where and when enforced Type of role
Provisions of the HSNO Act In any workplace other than Mandatory

in respect of disposal and those covered by designated
ecotoxic controls3 and agencies
WorkSafe New equivalent conditions in
Zealand Group Standards
All provisions of the HSNO In, on, or about any distribution Mandatory
Act system, gas installation, or gas
appliance
Waka Kotahi
All provisions of the HSNO In, or on any motor vehicle, Discretionary
New Zealand
Act road, rail vehicle, or railway
Transport
line
Agency
All provisions of the HSNO In, or on any motor vehicle, Mandatory

Act (after consultation with road, rail vehicle, or railway
NZTA) line
NZ Police
Restrictions and prohibitions Retailers of fireworks Mandatory
relating to the retail sale of
fireworks
Civil Aviation All provisions of the HSNO In or on any aircraft, including Mandatory
Authority Act when the aircraft is a
workplace
3 Such controls can be found under the HSNO Act approval for a hazardous substance.
8
Discharge of hazardous From an aircraft, including Mandatory

substances when the aircraft is a
workplace
Maritime New All provisions of the HSNO In, or on any ship, including Mandatory
Zealand Act when the ship is a workplace
Ministry of All provisions of the HSNO Where it is necessary to Mandatory

Health Act protect public health
In, or on premises in their Mandatory

district that are not covered by
a HSNO enforcement agency
listed above (for example,
residential or public place)
In, or on premises where a Mandatory

HSNO enforcement agency
Territorial All provisions of the HSNO
listed above has transferred
authorities Act
authority to the territorial
authorities under section 98
HSNO Act
In, or on premises where the Discretionary

TA is in or on those premises
to enforce the Resource
Management Act 1991 (RMA)
In, or on premises in region Discretionary

where the regional council is
enforcing RMA provisions
Regional All provisions of the HSNO In, or on premises where Discretionary

councils Act another agency has or
transferred authority to the mandatory,
regional council depending
on power
transferred
Provisions of the HSNO Act Mandatory

in respect of classification
and content controls
(including labelling,
EPA packaging and safety data All of New Zealand
sheets) and equivalent
conditions in group standards
relating to hazardous
substances
9
Requirement for a hazardous Mandatory

substance to have an
approval before it is imported
or manufactured.
Prohibitions related to Mandatory

persistent organic pollutants
and hazardous substances
prohibited by regulations
Requirements defined in EPA Mandatory

notices, such as the
information required from
importers and manufacturers
Provisions of the HSNO Act Mandatory

in respect of any regulations,
EPA controls and equivalent
conditions in group standards
in workplaces not covered by
another HSNO enforcement
agency
10
Identifying lead agency to deal with

incident or non-compliance
When your agency receives notification of a hazardous substance incident or non-
compliance, the first step is to determine whether your agency should take the lead or
whether the responsibility best sits with another agency (as specified in section 97 HSNO
Act). This section identifies agencies with an enforcement role in the incident or non-
compliance and establishes the lead agency.
11
Figure 1: Decision-making process to determine HSNO enforcement agency
12
Identify lead agency

Identifying a lead agency depends on what the incident or non-compliance is and where it
happened.
Once your agency receives a notification of a hazardous substance incident or non-

compliance, start by asking the following questions.
Is it an emergency involving hazardous substances?

Fire and Emergency NZ (FENZ) is the lead agency in a hazardous substance emergency4
once they arrive on the scene.5 When the incident is stabilised or ‘rendered safe’,6 FENZ
hand over the control of the incident to another agency7 or to the site owner. FENZ is not an
enforcement agency under the HSNO Act, but has an enforcement role only during
emergencies.8
Read more information about FENZ capability relating to hazardous substances.9
If not an emergency, does it relate to hazardous substances?

The EPA is the lead agency in cases where, hazardous substances:
 imported or manufactured without approval or with an incorrect approval assigned to

them
 imported or manufactured with inadequate packaging, labelling or safety data sheets10
 are persistent organic pollutants (POPs).
Contact our Hazardous Substances Compliance team on +64 4 916 2426 or email
HSCompliance@epa.govt.nz if you have questions relating to compliance.
If neither of the options above apply, identify a lead agency based on the location or place
where the incident or non-compliance occurred.
4 A ‘hazardous substance emergency’ is defined in section 6 FENZ Act as:

the release or potential accidental release of any hazardous substance from any building or other
premises, or from any container or pipe, or from any means of transport (whether motorised or not)
5 Both the FENZ Act and Part 9 of the HSNO Act cover emergencies involving hazardous substances. The
FENZ Act definition requires a lower threshold for response than the HSNO Act, meaning that FENZ will
always be required to respond first before other agencies become involved under the HSNO Act.
6 Section 7(a) FENZ Act.
7 See Appendix E-Handovers of the New Zealand Government Coordinated Incident Management System
(CIMS) (2020) 3rd edition.
8 As FENZ staff are deemed enforcement officers under the HSNO Act (section 135) and the FENZ Act (section
39) when responding to emergencies.
9 www.fireandemergency.nz/hazardous-substances/managing-hazardous-substances/
10 WorkSafe is responsible for the enforcement of HSW HS Regulations in the workplace in relation to
packaging, labelling and safety data sheets.
13
Location or place where the incident or non-compliance

occurred
Ship
Maritime New Zealand (MNZ) manages hazardous substance-related issues through its
audits; and inspects and investigates to ensure compliance with the HSNO Act, the Maritime
Transport Act 1994, the HSW Act, and the International Maritime Dangerous Goods Code
and Maritime Rules Part 24A – Carriage of Cargoes – Dangerous Goods.
MNZ is a designated agency under the HSW Act, with a role that includes enforcement
related to work on board ships, and ships as workplaces.
The regional council may enforce the HSNO Act if it is in or on the premises for enforcing
RMA provisions.
Note: ‘Ship’ is defined under the HSNO Act in the same way as under the Maritime Transport
Act 1994, to mean:
every description of boat or craft used in navigation, whether or not it has any means of
propulsion; and includes—
a. a barge, lighter, or other like vessel:
b. a hovercraft or other thing deriving full or partial support in the atmosphere from the
reaction of air against the surface of the water over which it operates:
c. a submarine or other submersible.
Aircraft
The Civil Aviation Authority (CAA) manages the risks associated with hazardous substances
in the aviation industry by assessing reported incidents for levels of compliance, as well as
undertaking inflight audits and inspections.
The CAA is a designated agency under the HSW Act, with a role including enforcement
related to work to prepare an aircraft for imminent flight; work on board an aircraft for the
purpose of imminent flight or while in operation; and aircraft as workplaces while in operation.
The regional council may enforce the HSNO Act if it is in or on the premises for enforcing
RMA provisions.
14
Any other workplace or a gas distribution system, gas installation11 or gas

appliance12
WorkSafe, or a designated agency, will be the lead agency for all incidents and non-
compliances in a workplace. WorkSafe regulates workplaces’ health and safety under the
HSW Act and Regulations, and under the HSNO Act.
Designated agencies under section 191 HSW Act can perform those WorkSafe functions,
and exercise those powers described in the designation instrument. A designated agency
takes over WorkSafe’s role for the functions and powers that were designated to it.
As at 30 January 2020, there were two designated agencies: MNZ and CAA. They perform
all the functions and exercise all powers of the regulator under the HSW Act in respect of:
 work on board ships; and ships as workplaces (MNZ)
 work to prepare an aircraft for imminent flight; work on board an aircraft for the purpose
of imminent flight or while in operation; and aircraft as workplaces while in operation
(CAA).
The regional council may enforce the HSNO Act if it is in or on those premises for enforcing
RMA provisions.
Note: ‘workplace’ is defined the same way in the HSNO and HSW Acts13 as:
a. […] a place where work is being carried out, or is customarily carried out, for a
business or undertaking; and
b. includes any place where a worker goes, or is likely to be, while at work.
[…] place includes—
a. a vehicle, vessel, aircraft, ship, or other mobile structures
b. any waters and any installation on land, on the bed of any waters, or floating
on any waters.
Road or rail network, vehicle or train

NZ Police (after consultation with the NZTA) is the lead agency for an incident or non-
compliance that took place on the road network, on the rail network or in a vehicle or train.
NZ Police’s Commercial Vehicle Safety Team provides hazardous substance enforcement
on roads by ensuring compliance with the Land Transport Rule: Dangerous Goods 2005.
11 Gas installation is defined in the Gas Act 1992 as “an installation, including a gas appliance (other than a
portable gas appliance that is designed to have within it, or attached to it, its own source of gas), that is
connected or intended to be connected with any source (including any container) from which gas is supplied;
and includes any associated fittings; but does not include any part of a distribution system”
12 Gas appliance is defined in the Gas Act 1992 as “any appliance that uses, or is designed or intended to use,
gas, whether or not it also uses, or is designed or intended to use, any other form of energy”
13 See section 20 HSW Act.
15
NZTA may enforce the HSNO Act provisions on any road or railway line, or in or on any
motor or rail vehicle.
The regional council may enforce the HSNO Act on any road or railway line, or in or on any
motor or rail vehicle, if it is in or on those premises for enforcing RMA provisions.
Note: Compliance with the HSNO Act for packaging, marking, labelling and documentation
while a hazardous substance is being transported is generally assured if there is compliance
with:
 Civil Aviation Rules Part 92 – Carriage of Dangerous Goods
 International Maritime Dangerous Goods Code, incorporated by reference by Maritime
Transport Rule Part 24A – Carriage of Cargoes – Dangerous Goods
 the Land Transport Rule: Dangerous Goods 2005
 the New Zealand standard for the transport of dangerous goods on land, NZS 5433:2012
(or later iterations).
Any other place

Territorial authorities (TAs) are responsible for leading hazardous substance enforcement in
their district for all incidents or non-compliances taking place in any other place not
mentioned above, such as a public place or a residential home, that is not a workplace.
Public health needs protection

If the incident is likely to affect public health, the Ministry of Health (MoH) generally plays a
supporting role (rather than leading enforcement) as it must act “where it is necessary to
protect public health”.14
The definition of ‘public health’ requires a threshold to be reached before the Ministry of
Health (MoH) will act. MoH decides whether the threshold for public health risk has been
reached. Before that threshold is reached (in MoH’s view), the lead agency will be the
agency identified using the steps described above.
Given the nature of HSNO enforcement, MoH is generally not the lead agency but rather
supports other agencies.15
14 Section 97 of the HSNO Act.

15 Due to the changes in roles this may change in some scenarios. For example, MoH manages classes 6.2
(infectious substances) and 7 (radioactive substances), which are not regulated under the HSNO Act.
16
Steps after identify the lead agency

1. When more than one agency can take enforcement action under the HSNO
Act
In some cases, more than one agency will have enforcement powers under the HSNO Act. In
such cases, the agencies with enforcement powers must work together to nominate a lead
agency and agree on the roles of the other agencies. The agencies must formally advise
FENZ if they do not intend to attend the site.
2. Lead agency decides whether to investigate

The lead agency will decide whether to investigate the incident to determine if non-
compliance has occurred, and then take appropriate enforcement action.
This decision to investigate, take other actions or take no action at all, will be based on the
agency’s internal procedures and will depend on the agency’s priorities.
3. If investigation not proceeding

If a lead agency decides not to investigate or take enforcement action at all, the EPA
requests the agency:
 to record a formal decision why it will not proceed to investigate or take enforcement
action, including the reasons for the decision
 to communicate this decision to the EPA and any other lead agencies.
This is to ensure that all relevant HSNO enforcement agencies have the opportunity to
consider whether or not to take enforcement action, and coordinate any response with other
agencies.
4. Support from other agencies

Other agencies will need to be involved if the lead agency does not have the required
expertise to deal with the matter. For example, in the case of explosives found in a home that
is not a workplace, the lead agency would be the TA. The TA might ask for expert advice or
involvement from another agency that has expertise in explosives, such as NZ Defence
Force or the NZ Police.
Agencies must be in a position to effectively assess hazardous substance non-compliances

or incidents that happen within their area of responsibility. Where agencies lack certain
specialist skills, they must have contingency plans in place, including entering into formal
agreements (such as memoranda of understanding or operational agreements) with partner
agencies formalising cooperation and support.
17
5. Transferring the lead role to another agency

In some cases, the lead role may be transferred to another agency better placed to deal with
the incident. Transfers from one agency to another should be done formally and all parties
involved notified of the transfer.
18
Enforcement tools available

Enforcement agencies can use regulatory interventions and powers to promote and enforce
compliance under the HSNO Act, as described below. These tools are just examples. Not all
of these tools are available to all agencies. There may be other tools available to each
agency that are not listed below.
Non-statutory enforcement tools
Advise Advise a person or group about possible hazardous substance concerns

and the steps they need to take to address those concerns.
Example: A letter advising of requirements for particular activities together

with the penalties or consequences of non-compliance.
Warn Warn when non-compliance or offending has been identified, but limit the
enforcement action, such as when other enforcement action cannot be
pursued or incident does not warrant significant enforcement action.
Warnings can be informal or formal. The enforcement agency would

generally issue a warning following an investigation, and provide a record
that may be considered if future compliance issues arise.
Example: A letter summarising the facts surrounding the incident or non-

compliance, advising that a non-compliance had occurred and what the
penalties of continued or future non-compliance are.
Statutory enforcement tools
Conditions, Set conditions, restrictions, controls or standards that a person or group

restrictions, must comply with.
controls or
Example: Medical Officers of Health or Health Protection Officers working
standards within PHUs can grant permissions under section 95A HSNO Act that may
include conditions (such as signage and exclusion zones) to deal with
potential effects of a1080 aerial application on public health.
Investigate, inspect, Investigations, inspections and monitoring, done separately or together,

monitor can operate as compliance tools under the enforcement powers of section
103A HSNO Act.
Example: Under the HSNO Act, the enforcement agency can inspect site,
and seek information sought without investigating the site.
Revocation of Prohibiting a person or group from continuing a regulated activity.

permissions or
Example: Medical Officers of Health or Health Protection Officers working
licences
within PHUs have the power to revoke section 95A permissions with
respect to vertebrate toxic agent (VTA) operations.
19
Compliance order A compliance order is very similar to an RMA abatement notice.

Compliance orders can require a person to stop or start doing something
to comply with the HSNO Act.
Example: Under the HSNO Act, an enforcement officer can serve a

compliance order requiring a person to do something to ensure
compliance with the HSNO Act, regulations, or a control imposed under
the HSNO Act.
Prosecution Prosecution is initiated by filing charges in the District Court criminal

jurisdiction. Depending on the outcome, a prosecution attracts penalties or
other court orders, and a recorded conviction.
Enforcement tools outside the HSNO Act
Court-based civil Such as seeking damages, injunctions, declarations, civil contempt

proceedings procedures.
Example: If an enforcement agency knows that a VTA operation will be

carried out without approval, it can seek an injunction to stop the operator
from going ahead.
20
Examples of hazardous substance enforcement

Use the questions in figure 1 to help you identify lead and support agencies.
Example 1: Spray drift from a neighbouring property
People in their home notify authorities they are experiencing adverse

Scenario health effects after a helicopter sprayed a substance over a neighbouring
vineyard.
Decision process to identify lead and support agencies
Yes, an ambulance may attend the site to treat any person affected,
Is it an emergency? however, the hazardous substance incident has already taken place. Go
to next question.
Yes, the substance, a fungicide (class 9), is a hazardous substance, and

the spray may have been outside a buffer zone (Hazardous Substances
(Hazardous Property Controls) Notice 2017 (HPC Notice) clause 51);
there may have been restrictions on applying substances in application
Does the HSNO Act plot (HPC Notice clause 50); or there may have been issues with the
apply? qualifications for aerial application (HPC Notice clause 62).
HSW Act and HSW HS regulations also apply as the substance has
caused adverse health effects on persons, which means the product is
also toxic (class 6).
Does it relate to the

import or
manufacture of
hazardous
substances without
approval,
No, go to the next question.
inadequate
packaging, labelling
or safety data
sheets; or
persistent organic
pollutants (POPs)?
Where did the

On a ship? No, go to the next question.
incident happen?
Yes, the helicopter is an aircraft, so the CAA is

a lead agency.
On an aircraft? Answer the next questions as well, to identify if
there are any other lead agencies.
Go to the next question.
21
Example 1: Spray drift from a neighbouring property
In a gas distribution
system, gas installation No, go to the next question.
or appliance?
Yes, the winery is a workplace, so WorkSafe is

a lead agency. Here, the CAA is a WorkSafe
designated agency, and they can enforce HSNO
In a workplace? and HSW HS regulations in this case.
Answer the next questions as well, to identify if
On a road, a rail
network, in a vehicle or No, go to the next question.
a train?
Yes, a home, so the TA where the home is

In any other place? located is a support agency and the regional
council may be a support agency.
MoH may be involved if any person was exposed and felt unwell, the
Does it impact
doctor who looks after them would have to notify a hazard substance
public health? injury to the medical officer of health.16
Conclusion
Lead agency CAA
TA
Regional council – if it is present on the premises to enforce compliance

Support agencies
with discharge to air requirements under the RMA
MoH
16 The medical officer of health may investigated and/or report this hazardous substance injury using the
hazardous substances surveillance system.
22
Example 2: Pesticide causes poisoning at home
A person complains his dogs have been poisoned and died. They report
Scenario their neighbour laid pesticide baits that are available to buy over the
counter.
No, as it relates to an event that has already happened. Go to next

Is it an emergency?
question.
Does the HSNO Act Yes, as it involves pesticides which are hazardous substances approved
apply? under the HSNO Act.

import or
manufacture of
hazardous
substances without
approval,
inadequate
or safety data
sheets; or POPs?
Where did the

incident happen?
On an aircraft? No, go to the next question.
or appliance?
In a workplace? No, go to the next question.
On a road, a rail
a train?
Yes, a home. The pesticides were meant to be

used in a contained bait station, instead they
were laid as loose baits. The Territorial authority
In any other place?
where the home is located is the lead agency
and the regional council may be a support
agency.
If there is public access to the property where the baits were laid, then
Does it impact
MoH may become involved in identifying and responding to any public
public health?
health risks.
Conclusion
23
Example 2: Pesticide causes poisoning at home
Lead agency Territorial authority
Example 3: A person reacts to store-bought make-up
There is a complaint from a person suffering from itchy, burning eyes and
eyelids after using mascara they bought from a discount store. The label
Scenario
on the mascara does not comply with the Cosmetic Products Group
Standard.
Is it an emergency? No, as it relates to an event that has already passed. Go to next question.
Does the HSNO Act Yes, cosmetics are hazardous substances and they are managed under
apply? the Cosmetic Products Group Standard (CPGS).

import or
manufacture of
Yes, the label does not comply with the Hazardous Substances (Labelling
hazardous
Notice) 2017. This is a requirement of the CPGS. The EPA is the lead
substances without
enforcement agency. The ingredients in the mascara may also be non-
approval,
compliant. The importer, manufacturer or supplier must meet the
inadequate
requirements of the CPGS.
or safety data
sheets; or POPs?
MoH may be involved as the person felt unwell. The doctor who looks
Does it impact
after the complainant would have had to notify a hazard substance injury
public health?
to the medical officer of health.17
Conclusion
EPA – as the enforcement agency for labelling and product content

Lead agency
controls.
MoH
Support agency
Trading Standards may help if there is a product recall. (Note that Trading
Standards is not a HSNO enforcement agency)
17 The medical officer of health may investigated and/or report this hazardous substance injury using the
hazardous substances surveillance system.
24
Example 4: Inadequate child resistant packaging on a cleaning product
A member of the public complains about inadequate child resistant

Scenario packaging (CRP) on a cleaning product they bought from their local
supermarket.
Is it an emergency? No, as no hazardous substance was released as part of this incident.
Does the HSNO Act Yes, as cleaning products are managed under the HSNO Act under the
apply? Cleaning Products Group Standard.

import or
manufacture of
hazardous Yes, as the packaging may not comply with the Hazardous Substances
substances without (Packaging Notice) 2017, which contains provisions on CRP. Suppliers,
approval, importers and manufacturers have an obligation to meet CRP
inadequate requirements.
or safety data
sheets; or POPs?
Does it impact
Yes, MoH may enforce the HSNO Act if the incident impacted the public.
public health?
Conclusion
Lead agency EPA – as the enforcement agency for packaging controls.
MoH may become involved if there is a risk to public health.

Support agency
Trading Standards may help if there is a product recall.
25
Example 5: Inadequate labelling and packaging on flammable paint sold online
There is a complaint about flammable paint being sold on the internet that
Scenario
does not have appropriate labelling and packaging.
No, as no hazardous substance was released or potentially accidentally

Is it an emergency?
released as part of this incident.
Yes, as the importation, manufacturing and supply of flammable paint are

Does the HSNO Act
managed under the HSNO Act, as part of the Surface Coatings and
apply?
Colourants Group Standard.

import or
manufacture of
hazardous Yes, as the paint has non-compliant labelling and packaging. The supplier
substances without must meet HSNO Act requirements, including when the items are sold
approval, online. The supplier may also be the importer, in which case it must
inadequate comply with HSNO Act requirements for importers.
or safety data
sheets; or POPs?
Does it impact
No.
public health?
Conclusion
Lead agency EPA – as the enforcement agency for labelling and packaging controls.
26
Example 6: A leaky 9 kg LPG cylinder causes a fire
FENZ is called to a home where a leaking 9 kg LPG cylinder caused a

fire. The fire seems to have been caused by the overfilling of the cylinder.
Scenario
The cylinder was also badly corroded. The cylinder was filled recently at
the local service station.
Is it an emergency? Yes, and FENZ have already been advised.
Does the HSNO Act No – filling of LPG cylinders at a service station is regulated under HSW
apply? HS Regulations and enforced by WorkSafe.
Conclusion
FENZ (emergency response)

Lead agency
WorkSafe
27
Example 7: Pesticide marketed without HSNO Act approval
There is a complaint from a pesticide company about a competitor

Scenario
marketing a product that does not have HSNO Act approval.
No, as no hazardous substance was released or potentially accidentally

Is it an emergency?
released as part of this incident.
Does the HSNO Act

Yes, pesticide approvals are managed under the HSNO Act.
apply?

import or
manufacture of
hazardous
substances without Yes, as the pesticide in question potentially does not have HSNO Act
approval, approval.
inadequate
or safety data
sheets; or POPs?
Does it impact
No.
public health?
Conclusion
EPA – as enforcer of HSNO Act requirements imposed on suppliers,

Lead agency
importers or manufacturers.
28
Example 8: Lack of signage where cyanide bait was laid out
There is a complaint about the lack of adequate signage in a commercial

forest block where cyanide bait was laid. The public can access the forest
Scenario along a walking track. Cyanide is a VTA. A permission to apply the VTA
was issued by the public health HSNO enforcement officer (PHU under
MoH), specifying the number, type and location of signage required.
No, as it does not relate to a release or potential accidental release of

Is it an emergency?
hazardous substances. Go to next question.
Yes – VTAs are approved under the HSNO Act. Before applying VTAs, a
Does the HSNO Act permission must be obtained under the HSNO Act. The EPA delegated
apply? the power to issue VTA permission to PHUs which operated under the
MoH.

import or
manufacture of
hazardous
substances without
approval,
inadequate
or safety data
sheets; or POPs?
Where did the

incident happen?
or appliance?
Yes, as the commercial forest is a workplace,

WorkSafe is the lead agency, as the
requirement for signage was not complied with
In a workplace?
in a workplace.
On a road, a rail
a train?
Yes, as there is public access to the property.

Does it impact
public health? MoH through the relevant PHU is a lead agency also because the
application of VTA required a permission from the PHU, and there was
29
Example 8: Lack of signage where cyanide bait was laid out

non-compliance with the signage requirements imposed under that
permission. MoH appoints HSNO enforcement officers within PHUs to
undertake HSNO enforcement work.
Conclusion
Lead agencies MoH and WorkSafe
30
Example 9: No application made for laying out cyanide bait

forest block where cyanide bait was laid. The public can access the forest
Scenario
along a walking track. A VTA permission was required to be obtained from
the PHU, but no application was made.

Is it an emergency?
Yes – VTAs are approved under the HSNO Act. Before applying VTAs, a
permission must be obtained under the HSNO Act. The EPA delegated
the power to issue VTA permission to PHUs which operated under the
Does the HSNO Act MoH.
apply?
Signage requirements are covered separately by regulation 13.19 of HSW
HS regulations and enforced by WorkSafe (breach of signage requirement
is not discussed further in this scenario).

import or
manufacture of
hazardous
substances without
approval,
inadequate
or safety data
sheets; or POPs?
Where did the

incident happen?
or appliance?
Yes, as the commercial forest is a workplace,

WorkSafe is a lead agency, as the requirement
for signage and the restrictions on accessing the
In a workplace?
area were not complied with in a workplace.
On a road, a rail
a train?
31
Example 9: No application made for laying out cyanide bait
Does it impact Yes, as there is public access to the property and there may be an impact
public health? on human health.
Conclusion
WorkSafe
Lead agencies
MoH (human health impacts)
32
Example 10: VTA applied – no permission required

forest block where VTA was laid. No VTA permission was required
Scenario
because of the type of VTA used. Therefore, the PHU did not issue a
permission for this operation.

Is it an emergency?
No – although VTAs are approved under the HSNO Act, in this case the
complaint is about lack of signage. As a permission under s95A HSNO
Act was not required, there was no signage requirement imposed on this
Does the HSNO Act operation under the HSNO Act. Regulation 13.19 of the HSW HS
apply? Regulations, which is enforced by WorkSafe, covers signage
requirements that are independent of a s95A HSNO Act permission.
Because this is a breach under a different Act, the breach of signage
requirements is not discussed further in this scenario.
Conclusion
Lead agencies WorkSafe
33
Example 11: The police find explosives at a house
During a police search of a house, blasting explosives stored inside a

Scenario
locked cabinet are found.
Is it an emergency? Yes, as there is a potential for accidental release.
Does the HSNO Act

Yes, blasting explosives are managed under the HSNO Act.
apply?

import or
manufacture of
hazardous
substances without
approval,
inadequate
or safety data
sheets; or POPs?
Where did the

incident happen?
or appliance?
On a road, a rail
a train?
Yes, a home. The potential breach is that

blasting explosives, which are Class 1
In any other place?
(explosives), cannot be stored at a residential
property.
Does it impact
No.
public health?
Conclusion

Lead agency
TA
34
Example 11: The police find explosives at a house
NZ Defence Force and/or the police have expertise in the area of

Support agency
explosives and can be asked to help.
WorkSafe may have further interest in how the person accessed the
explosives which are exclusively used for commercial purposes. These
explosives are tracked substances, with suppliers and importers required
Additional to hold records of supply lines. Suppliers may also only supply certain
information explosives to holders of a controlled substance licence. Breaches of the
legislation may go well beyond the domestic property.
NZ Police may investigate issues relating to security concerns.
35
Example 12: Person is applying temporary tattoos at a festival
There is a complaint about a woman at a festival who is applying

temporary tattoos using black henna, which is suspected of containing
Scenario
para-phenylenediamine (PPD). Note: Presume they are applying the
tattoos for commercial gain.
No, as it does not involve accidental or potential accidental release of a

Is it an emergency?
hazardous substance.
Yes, black henna may contain PPD which is a hazardous substance

Does the HSNO Act
managed under the Cosmetic Products Group Standard (CPGS) issued
apply?
under the HSNO Act

import or Yes, as may not meet the CPGS specifications. Under the CPGS, PPD
manufacture of use is restricted in temporary black henna tattoos.
hazardous
substances without While this happened in a workplace, WorkSafe is not a HSNO
approval, enforcement agency because this does not raise issues of disposal or
inadequate ecotoxic controls. The PPD used in the tattoo ink raises concerns about
packaging, labelling compliance with a group standard which is a matter that falls within the
or safety data EPA’s HSNO enforcement responsibility.
sheets; or POPs?
Does it impact Yes, MoH may become involved as tattoos were applied to more than one
public health? person.
Conclusion
Lead agency EPA – as enforcer of HSNO Act requirements for product content
Support agency MoH (public health)
36
Example 13: Hazardous substances in plastic toys
A member of the public has seen articles in the media and on the internet
that phthalates in toys have been banned in other countries, and is
Scenario
concerned that the plastic toys their children have might be a risk to their
health.
No, as it does not involve accidental or potential accidental release of a

Is it an emergency?
hazardous substance.
No – toys are not regarded as hazardous substances as they are a

Does the HSNO Act manufactured product, and therefore they are not covered by the HSNO
apply? Act. Refer the person to Consumer Affairs at the Ministry of Business,
Innovation and Employment.
Conclusion
Lead agency Consumer Affairs within MBIE
Supporting agency MoH (advice on public health risks)
37
Example 14: A person is storing petrol in their garage
A home owner is found storing 100 litres of petrol in their garage, with no
Scenario
HSNO certificate.
No, as there is no release of the hazardous substance.

Is it an emergency? FENZ may attend if they are notified that the containers are in an unsafe
condition or there are fumes in the garage.
Does the HSNO Act Yes, the substance involved (petrol) is managed under the HSNO Act
apply? under the HPC Notice.

import or
manufacture of
hazardous
substances without
approval,
inadequate
or safety data
sheets; or POPs?
Where did the

incident happen?
or appliance?
On a road, a rail
a train?
Yes, a home. The potential breach is that the

quantity of petrol exceeds the limit stated in
In any other place?
Clauses 17 and Schedule 3 of the HPC Notice,
which is 50 litres.
Does it impact
No.
public health?
Conclusion

Lead agency
Territorial authority
38
Example 15: LPG cylinders are installed at home without a gas certificate
There is a report of a home with a homemade gas installation consisting

of three LPG cylinders (45 kg each). The three cylinders are
Scenario
interconnected to a regulator that is connected to a cooker using a rubber
hose. The rubber hose enters the kitchen through an open window.
Yes, FENZ will attend as there is potential for accidental release of

Is it an emergency?
hazardous substances and a likelihood for injury and property damage.
Does the HSNO Act

Yes, the gas installation is managed under the HSNO Act.
apply?

import or
manufacture of
hazardous
substances without
approval,
inadequate
or safety data
sheets; or POPs?
Where did the

incident happen?
Yes, WorkSafe has the responsibility to check

the gas installation for compliance with the Gas
In a gas distribution Act 1992.
system, gas installation
or appliance? The gas supplier must also comply with the
HSW Act when supplying LPG cylinders.
On a road, a rail
a train?
Yes, a home. The potential breach is that this

installation does not comply with the HPC
In any other place?
Notice that requires a compliance plaque for gas
installations between 100–300 kg.
39
Example 15: LPG cylinders are installed at home without a gas certificate
Does it impact
public health?
No.
Conclusion
Territorial authority (cylinders only) – as the incident happened in a

Lead agency
residential property
WorkSafe (gas installation and connections, except cylinders)
40
Example 16: Explosives accident
An explosive substance (Class 1) was used to eradicate starlings on a

Scenario rural residential property, leaving thousands of birds either dead or
maimed.
Is it an emergency? Yes, as there has been a report of an explosion.
Does the HSNO Act

Yes, explosives are managed under the HSNO Act.
apply?

import or
manufacture of
hazardous
substances without
approval,
inadequate
or safety data
sheets; or POPs?
Where did the

incident happen?
or appliance?
On a road, a rail
a train?
Yes, a home. Explosives, which are Class 1

hazardous substances, are not permitted to be
In any other place? stored at a residential property. Some types of
explosives are only allowed to be stored and
used within a workplace.
Does it impact
No.
public health?
Conclusion
Lead agencies FENZ (emergency response)
41
Example 16: Explosives accident
Territorial authority – as the explosives were stored and used in a

residential property.
NZ Defence Force and/or the police have expertise in the area of

Support agencies
explosives and can be asked to help.
WorkSafe may have further interest in how the person gained access to
the explosives which are almost exclusively used for commercial
purposes. These explosives are tracked substances, with suppliers and
importers required to hold records of supply lines. Suppliers may also only
Additional supply certain explosives to holders of a controlled substance licence.
information Breaches of the legislation (including HSW Act) may go well beyond the
domestic property.
MPI or the SPCA may investigate the impact of explosives use on the
birds.
42
Example 17: Weed killer is sprayed onto a neighbour’s lawn
A complaint received from a member of the public after their neighbour

Scenario hand sprayed weed killer on the lawn. The complainant advised the spray
drift killed some of their plants.

Is it an emergency?
question.
No – while weed killers are approved under the HSNO Act, there is no
specific breach of any HSNO Act controls in this case.
Does the HSNO Act
Matters relevant to spray drift are regulated under the RMA and fall within
apply?
the jurisdiction of the TA or the RC. In this case, the TA or the RC will
handle the matter under the RMA.
Conclusion
Lead agencies Territorial authority or Regional council
43
Example 18: Spray use killing bees
A bee owner notified authorities they noticed dead bees after his
Scenario
neighbours sprayed their kiwifruit orchard on a neighbouring property.

Is it an emergency?
question.
Yes, the substance, a pesticide, is a hazardous substance toxic to the

Does the HSNO Act
environment (ecotoxic); there may have been restrictions on applying the
apply?
substance while bees were foraging (HPC Notice clause 58).

import or
manufacture of
hazardous
substances without
approval,
inadequate
or safety data
sheets; or
persistent organic
pollutants (POPs)?
Where did the

incident happen?
or appliance?
Yes, the kiwifruit orchard is a workplace, so

WorkSafe is a lead enforcement agency for the
ecotoxic controls.
In a workplace?
On a road, a rail
a train?
Yes, the home of the bee owner (the

In any other place? complainant), so the Territorial authority where
the home is located is a support agency.
Does it impact
No, MoH is not involved as there was no human exposure.
public health?
44
Example 18: Spray use killing bees
Conclusion
Lead agencies WorkSafe
Support agency Territorial authority – with respect to the bee owner’s home.
45
Example 19: Leaky container on a boat
The master of a foreign-flagged commercial ship having docked in a NZ

Scenario port reports that a shipping container carried on board is leaking a
suspicious substance.
Yes, FENZ will attend and manage all aspects of this, but may require
Is it an emergency?
MNZ staff to help.
Does the HSNO Act

Yes, the substance is a hazardous substance.
apply?

import or
manufacture of
hazardous
substances without
approval,
inadequate
or safety data
sheets; or
persistent organic
pollutants (POPs)?
Yes, MNZ staff may be required to help FENZ

during the emergency response phase, and
once the incident is deemed safe by FENZ they
Where did the
On a ship? will hand it over to MNZ.
incident happen?
or appliance?
Yes, the ship is a workplace, so MNZ, as a

designated agency for WorkSafe under the
In a workplace? HSW Act, is a lead enforcement agency.
On a road, a rail
a train?
In any other place? No.
46
Example 19: Leaky container on a boat
Does it impact
No, the Ministry of Health is concerned with human health issues.
public health?
Conclusion

Lead agency
MNZ
47
Example 20: Leaky LPG container on a ferry
The smell of LPG on the vehicle deck of a roll-on roll-off (Ro-Ro) ferry
alerted the crew to the potential danger on board. The leak clearly came
Scenario
from one of eight 25,000 litre intermodal ISO tank containers on rail
wagons, staff could not locate the exact source of the leak.
Yes, FENZ will attend once the ferry is in port. FENZ may require MNZ
Is it an emergency?
staff to help.
Does the HSNO Act

Yes, the substance is a hazardous substance.
apply?

import or
manufacture of
hazardous
substances without
approval,
inadequate
or safety data
sheets; or
persistent organic
pollutants (POPs)?
Yes, MNZ is one of the enforcement agencies

Where did the involved.
On a ship?
incident happen? Answer the next questions as well, to identify if
or appliance?
Yes, the ship is a workplace, so MNZ, as a

designated agency for WorkSafe under the
In a workplace? HSW Act, is a lead enforcement agency.
On a road, a rail
Yes, as it is on a train - NZTA Rail Safety team
network, in a vehicle or
opened an investigation.
a train?
As the ferry will berth in a port, the Port

In any other place? Authority must ensure the safe management of
the ship.
48
Example 20: Leaky LPG container on a ferry
Does it impact
No, the Ministry of Health is concerned with human health issues.
public health?
Conclusion
FENZ (emergency response once in port)
Lead agency MNZ (ferry)
NZTA (rail)
These are support agencies with respect to non-HSNO Act matters:

 Port Authority (safe management of ship once in port)
 NZ Police (establishing safe are around rail yards)
Support agencies
 WorkSafe (investigated incident)
The owner of the LPG tank was notified, and was able to provide technical
advice and assistance with the LPG tanks.
49
Example 21: Leaky container of acid at railway freight depot
At a railway freight depot, a 20-litre container of strong acid (Class 8 –

Corrosives) has been found crushed and punctured as a result of rough
handling during loading onto a truck from a railway wagon.
Scenario
In addition to the acid, a substantial quantity of food items were also
loaded onto the same truck for delivery (to save journey time).
Is it an emergency? Yes, and FENZ have already been advised.
Does the HSNO Act

Yes, the substance, is a hazardous substance Class 8 acid
apply?

import or
manufacture of
hazardous
substances without
approval,
inadequate
or safety data
sheets; or
persistent organic
pollutants (POPs)?
Where did the

incident happen?
or appliance?
Yes, the railway freight loading depot is a

In a workplace?
workplace.
On a road, a rail
Yes, incident occurred at a railway freight
network, in a vehicle or
loading depot and involved a truck.
a train?
In any other place? No, go to the next question.
Does it impact No, MoH may become involved in identifying and responding to public
public health? health risks from potential contamination of food items; however, unlikely
to have wider public health implications as no public access to items (due
to location and delivery status).
Conclusion
50
Example 21: Leaky container of acid at railway freight depot
New Zealand Police – Dangerous Goods Enforcement Officers

responsible for investigating into the incident, including exercising powers
Lead agencies
under sections 129, 130 and 131 of the Land Transport Act 1998 to
inspect vehicle and premises in relation to dangerous goods.
FENZ – responding to emergency and making location safe.
WorkSafe – consulted as incident occurred in a workplace (consistent with

MOU between WorkSafe and Police regarding CVST inspectorate
Support agency
functions under the HSW Act).
MoH – consulted on appropriate actions in relation to possible

contamination of food items.
51
Acknowledgement
The EPA acknowledges and thanks the following organisations for providing their feedback
on this document:
 Ministry of Health Manatū Hauora
 Waka Kotahi New Zealand Transport Agency
 Maritime New Zealand | Nō te rere moana Aotearoa
 New Zealand Police Nga Pirihimana O Aotearoa
 Fire and Emergency NZ Whakaratonga Iwi
 Civil Aviation Authority of New Zealand | Te Mana Rererangi Tūmatanui o Aotearoa
 WorkSafe New Zealand Mahi Haumaru Aotearoa
 Selwyn District Council Te Kaunihera ā-Rohe o Waikirikiri
 Dunedin City Council Kaunihera ā rohe o Ōtepoti
 Carterton District Council Te Kaunihera ā rohe o Taratahi.
52
Disclaimer Further information
All reasonable effort has been made to More detailed information is available on our website at
ensure that the information provided in www.epa.govt.nz or by contacting us directly.
this publication is accurate, up to date,
and otherwise adequate in all respects. Email
Nevertheless, this information is made info@epa.govt.nz
available strictly on the basis that the Phone
Environmental Protection Authority +64 4 916 2426
disclaims any and all responsibility for
any inaccuracy, error, omission, Postal address
lateness, deficiency or flaw in, or in Environmental Protection Authority
relation to, the information; and fully Private Bag 63002
excludes any and all liability of any kind Wellington 6140
to any person or entity that chooses to New Zealand
rely upon the information.
Physical address
© Copyright Environmental Protection Level 10
Authority 2020 Grant Thornton House
This work is licensed under the Creative 215 Lambton Quay
Commons Attribution-ShareAlike 4.0 Wellington 6011
International licence. New Zealand

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Roles and Responsibilities: Hazardous Substances Enforcement Under The HSNO Act 1996

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Roles and

Hazardous substance enforcement and the law 6

Changes to New Zealand law 6

What the Health and Safety at Work Act covers 6

Identifying lead agency to deal with incident or non-compliance 11

Identify lead agency 13

Location or place where the incident or non-compliance occurred 14

Enforcement tools available 19

Examples of hazardous substance enforcement 21

2017 reform 2017 Working Safer Reforms

CAA Civil Aviation Authority

CPGS Cosmetic Products Group Standard 2017

CRP Child resistant packaging

EPA Environmental Protection Authority

FENZ Fire and Emergency New Zealand

FENZ Act Fire and Emergency New Zealand Act 2017

HPC Notice Hazardous Substances (Hazardous Property Controls) Notice 2017

HSNO Act Hazardous Substances and New Organisms Act 1996

HSW Act Health and Safety at Work Act 2015

HSW HS Regulations Health and Safety at Work (Hazardous Substances) Regulations

MNZ Maritime New Zealand

MoH Ministry of Health

MPI Ministry for Primary Industry

NZTA Waka Kotahi New Zealand Transport Agency

PHU Public Health Unit

Police New Zealand Police

RMA Resource Management Act 1991

VTA Vertebrate toxic agent

1 Hazardous substance has the same meaning as in the HSNO Act:

Hazardous substance enforcement and the

Changes to New Zealand law

What the Hazardous Substances and New Organisms Act

What the Health and Safety at Work Act covers

As at 30 January 2020, there were two ‘designated agencies’:

Table 1: Government agencies’ enforcement responsibilities under the HSNO Act

Agency Enforcement responsibility Where and when enforced Type of role

Provisions of the HSNO Act In any workplace other than Mandatory

All provisions of the HSNO In, or on any motor vehicle, Mandatory

Agency Enforcement responsibility Where and when enforced Type of role

Discharge of hazardous From an aircraft, including Mandatory

Ministry of All provisions of the HSNO Where it is necessary to Mandatory

In, or on premises in their Mandatory

In, or on premises where a Mandatory

In, or on premises where the Discretionary

In, or on premises in region Discretionary

Regional All provisions of the HSNO In, or on premises where Discretionary

Provisions of the HSNO Act Mandatory

Agency Enforcement responsibility Where and when enforced Type of role

Requirement for a hazardous Mandatory

Prohibitions related to Mandatory

Requirements defined in EPA Mandatory

Provisions of the HSNO Act Mandatory

Identifying lead agency to deal with

Figure 1: Decision-making process to determine HSNO enforcement agency

Identify lead agency

Once your agency receives a notification of a hazardous substance incident or non-

Is it an emergency involving hazardous substances?

Read more information about FENZ capability relating to hazardous substances.9

If not an emergency, does it relate to hazardous substances?

 imported or manufactured without approval or with an incorrect approval assigned to

4 A ‘hazardous substance emergency’ is defined in section 6 FENZ Act as:

Location or place where the incident or non-compliance

Any other workplace or a gas distribution system, gas installation11 or gas