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The Hazardous Substances and New Organisms Act. 1996

The Hazardous Substances and New Organisms Act. 1996. The current Scheme as it effects 1080;. Proudly presented by, Casey Clare, Samwell Warren. Presentation Format. What is 1080, Who uses it, Why the contention? A brief history of the use of 1080

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The Hazardous Substances and New Organisms Act. 1996

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  1. The Hazardous Substances and New Organisms Act. 1996 The current Scheme as it effects 1080; Proudly presented by, Casey Clare, Samwell Warren

  2. Presentation Format. • What is 1080, Who uses it, • Why the contention? • A brief history of the use of 1080 • The legislative changes that have occurred. • The HSNO Act. • Governing authorities. • Affects of the scheme on 1080, rules and regulations. • Areas of interest, and current Issues.

  3. 1080. • Sodium fluroacetate. • Colorless, odorless, scentless powder. (soluble solution) • Metabolic poison. Disrupts the Kreb cycle. • Found naturally but artificially produced. • NZ uses 80% of the worlds supply. 3 tonnes, $700,000 per year. • Most closely monitored hazardous substance in NZ. • Used by DOC and the Animal Health board.

  4. Who uses it and why? • Primary users are Department of Conservation and the Animal Health Board. • DOC, possums, rats, mice , stoats. • AHB, Possums in an effort to control Bovine tuberculosis (TB). • Opposedby hunters and animal rightsactivists.

  5. 1080, History of use, legislation.

  6. 1080, History of use, legislation.

  7. The HSNO Act. • Passed in 1996. • Reformed the law relating to the management of hazardous substances and New Organism in New Zealand. • Replaced the Dangerous goods act of 1974 • Explosives act 1957 • Pesticides act 1979 • Toxic substances act 1979 • Poisons need to be approved for use. • Hazardous substances have properties that include Explosiveness, Flammability oxidizing capacity corrosiveness Toxicity Eco toxicity.

  8. The HSNO Act. • Provides a series of regulations to manage the risk associated with hazardous substances. • Provides a management framework that takes into account all of the hazardous properties a substance may have. • Calls for greater consultation. • Allows for the evaluation of benefits a toxin may have for the “environment” • ERMA was created to administer this, authority transferred over to the EPA in 2011. • http://www.epa.govt.nz/Pages/default.aspx

  9. How It’s Structured • HSNO Act 1996 Link • Purpose and Principles • Assessmentof HSNO (whatcanbedefined as a hazardous substance –imports and approvals • Controls – Hazard ClassificationSystem (dealswithenforcement, penalties, and appeals)

  10. Purpose and Key Principle • The purpose of this Act is 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. • All persons exercising functions, powers, and duties under this Act shall recognize and provide for the following principles: • A) the safeguarding of the life-supporting capacity of air, water, soil, and ecosystems. • B) the maintenance and enhancement of the capacity of people and communities to provide for their own economic, social, and cultural well-being and for the reasonably foreseeable needs of future generations.

  11. Matters Relevant to Purpose of the Act • Matters Relevant to Purpose of HSNO 96

  12. HSNO Act 1996 Precautionary Approach Call In Power Section 68 (1)(a) RMA provides for the Ministry of Environment to intervene in the decision making process for proposals of national significance. Essentially a code of ethics • Section 7 • “shall take into account the need for caution in managing adverse effects where there is scientific and technical uncertainty about those effects”

  13. What is a HS? • A substance is considered a hazardous substance when it has an effect more hazardous than any one or more of the regulated threshold levels for any of the intrinsic properties of: • Explosiveness • Flammability • Oxidizing capacity • Corrosiveness • Toxicity • Ecotoxicity • Definition of HS as stated in the Act

  14. HS Classifications Class 7 – Radioactive Substances (managed by the MOH)

  15. Thresholds • A threshold is the “amount or concentration of a substance that is likely to cause an adverse effect on people or the environment • The threshold level is the bottom rung on the classification ladder. As you move up, the substance becomes more hazardous • 1080 in it’s pure form is classified as 9.2B (ecotoxic) • Pellet form – 9.1C (harmful to aquatic environment) • Paste form – 9.4B (ecotoxic to invertebrates)

  16. Regulations - USE • Need license • Approvals • ERMA registers poisons/can reassess • Protective Clothing • Respirator • There are no biological-effect monitoring strategies available to assess the risks of 1080 exposure • No effective decontamination treatments or antidotes

  17. Regulations / Transport • Cannot be transported with explosives or food • Vehicles have to be covered and always attended • All containers must have “deadly poison” clearly stated • 1080 cannot be transported in a passenger vehicle DEADLY POISON

  18. Regulations / Storage • Section 190 • When not in use, 1080 must be in a locked storage container that is securely fixed within a non-domestic building

  19. Role of Government Federal Level Councils • EPA – grants licenses, sets rules around how it can be used, registers all chemicals in NZ. • Each person who wants to use 1080 has to get a controlled substance license from EPA

  20. Interaction with Other Acts The Agricultural Compounds and Veterinary Medicines Act 2007 The Health Act 1956 Restrictions on the use of poisons to protect public health can be set under the Heath Act. These restrictions can be set by local authorities, and generally include measures to protect public drinking water and estab. Buffer zones for drops. Also sets requirements for removal of poisoned carcasses. • Under this Act, poisons need to be approved for use as hazardous substances. ERMA administers the Act, and can set conditions and restrictions on the use of poisons to protect public health and the environment.

  21. Interaction with RMA • The RMA states that local authorities are responsible for the management of any adverse effects from the use of 1080 • Protection of lakes and rivers • Regional councils treat poisons as contaminants under (RMA) • Six councils class aerial use of 1080 as a controlled activity • The only opportunity for public input into 1080 is during the public consultation phase of the plan development.

  22. Current Issues • TB, requirement for trade. • Security of potable water supplies. • Arial drops are more opposed than baiting. • Maori inclusion (Treaty of Waitangi). Participation, preservation and protection. • Monitoring of all areal drops. And any animal deaths. • Alternatives.

  23. Interesting Things • The precautionary principle does not apply to 1080. • No EEL set for 1080 • Section 62,reassment. • Emotion vs Facts. • Signage is no longer erected before a drop. Notification is in the Newspaper. 2months

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