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Page 62 Decision on the Application for reassessment of Antifouling Paints (APP201051) June 2013 Appendix E: Controls for antifouling paints Part 1 The additional controls listed in the following table apply to all of the approvals listed in Part 2, as well as the controls and variations listed for each substance as detailed in that part. Table of Additional Controls Additional Control Code Regulation Description Variation R-2 77A Controlled work area and signage This control comes into effect on 1 July 2015. (1) Any person applying the substance must ensure that application of the substance is carried out in a controlled work area. (2) The controlled work area, as referred to in subclause (1) is a designated area in which antifouling paints are applied, using a method and located such that off-target deposition of the substance, including onto bystanders, is avoided by taking all practicable steps. (3) Any person applying the substance in a controlled work area must avoid off-target deposition of the substance. To avoid doubt, this requirement includes avoiding off-target deposition of the substance onto persons outside of, but within the immediate vicinity of, the controlled work area. Signage (4) Any person applying the substance must ensure that signs are placed at every point of entrance into the controlled work area. Signs must be posted from the start of application, until the end of the application. (5) Signs erected in accordance with (4) must(a) warn that an application is being carried out using a substance that is toxic to humans; (b) identify the person in charge of the application; (c) state that entry into the controlled work area is not permitted unless personal protective equipment (PPE) is worn by the person entering the controlled work area; and (d) comply with regulation 34 and regulation 35 of the Hazardous Substances (Identification) Regulations 2001 as if the distance referred to in regulation 35(3) is not less than 10 metres. R-3 77A Collection of substances from maintenance activities This control comes into effect on 1 July 2015 (1) Any person who removes any antifouling paint coating from the hull of a boat must ensure that waste containing antifouling paint residue is collected ; and (2) All collected waste, as referred to in subclause (1), must be disposed of in accordance with the Hazardous Substances (Disposal) Regulations 2001. R-4 77A Additional labelling requirements This control comes into effect on 1 July 2015. For formulated antifouling substances:

Appendix E: Controls for antifouling paints

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Page 1: Appendix E: Controls for antifouling paints

Page 62

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Appendix E: Controls for antifouling paints

Part 1

The additional controls listed in the following table apply to all of the approvals listed in Part 2, as well

as the controls and variations listed for each substance as detailed in that part.

Table of Additional Controls

Additional Control

Code

Regulation Description Variation

R-2 77A Controlled work area and

signage

This control comes into effect on 1 July

2015.

(1) Any person applying the substance must ensure that application of the substance is carried out in a controlled

work area.

(2) The controlled work area, as referred to in subclause (1) is a designated area in which antifouling paints are

applied, using a method and located such that off-target deposition of the substance, including onto

bystanders, is avoided by taking all practicable steps.

(3) Any person applying the substance in a controlled work area must avoid off-target deposition of the substance.

To avoid doubt, this requirement includes avoiding off-target deposition of the substance onto persons outside

of, but within the immediate vicinity of, the controlled work area.

Signage

(4) Any person applying the substance must ensure that signs are placed at every point of entrance into the

controlled work area. Signs must be posted from the start of application, until the end of the application.

(5) Signs erected in accordance with (4) must—

(a) warn that an application is being carried out using a substance that is toxic to humans;

(b) identify the person in charge of the application;

(c) state that entry into the controlled work area is not permitted unless personal protective equipment (PPE)

is worn by the person entering the controlled work area; and

(d) comply with regulation 34 and regulation 35 of the Hazardous Substances (Identification) Regulations

2001 as if the distance referred to in regulation 35(3) is not less than 10 metres.

R-3 77A Collection of substances

from maintenance activities

This control comes into effect on 1 July

2015

(1) Any person who removes any antifouling paint coating from the hull of a boat must ensure that waste

containing antifouling paint residue is collected ; and

(2) All collected waste, as referred to in subclause (1), must be disposed of in accordance with the Hazardous

Substances (Disposal) Regulations 2001.

R-4 77A Additional labelling

requirements

This control comes into effect on 1 July

2015.

For formulated antifouling substances:

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Additional Control

Code

Regulation Description Variation

(1) Labels must include the following statements (or similar):

(a) When applying this substance by spraying, you must sufficiently enclose the area to ensure that the

substance is not deposited on off-target sites and has no adverse effects on bystanders

(b) You must ensure that waste generated from maintenance activities does not enter the environment

(2) A person must not supply a hazardous substance to any other person unless the substance label shows the

information required by (1).

R-5 77A Safety Data Sheets

From 1 January 2014 the following

control replaces controls I21-28, EM8-9

and D8:

(1) A person, when selling or supplying this substance at any quantity, must provide a safety data sheet for the

substance to the recipient if—

(a) the substance is likely to be used in a place of work; and

(b) they have not previously supplied a safety data sheet for that substance to the recipient

(2) In each place of work where the substance is manufactured, stored, or used, the person in charge of the place

must ensure that every person handling the substance has access to a safety data sheet for that substance.

(3) The safety data sheet must be available to a person handling the substance within 10 minutes, and be readily

understandable by any fully trained persons required to have access to it.

(4) A person who manufactures or supplies a substance in New Zealand, or imports a substance into New

Zealand must, if asked to do so by any person in charge of a place of work where a substance is stored or

used, give that person the required safety data sheet.

(5) Information required on a safety data sheet must be provided under the following 16 general headings in the

order listed below, and must include the information referred to under those headings:

Section 1 - Identification of the substance and supplier—

(i) product name

(ii) recommended uses

(iii) name of the supplier, New Zealand contact details including an emergency contact.

Section 2 - Hazards identification—

(i) a description of the hazards of the substance, which may include its HSNO hazard classification

(ii) hazard information, including signal words, hazard statement(s) and precautionary statement(s).

Section 3 - Composition/information on ingredients—

(i) in the case of single component substances, their chemical identity, including common names and

synonyms, CAS number and any impurities that are themselves hazardous

(ii) in the case of substances that are mixtures, the chemical identity of each hazardous ingredient,

their CAS number and their concentration ranges.

Section 4 - First aid measures—

(i) first aid instructions according to each relevant route of exposure

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Additional Control

Code

Regulation Description Variation

(ii) whether medical attention is required, and its urgency

(iii) information on the most important symptoms and effects, acute and delayed, from exposure.

Section 5 - Fire fighting measures—

(i) information on the appropriate type of extinguishers or fire-fighting agents, including extinguishers

that may not be appropriate for a particular situation

(ii) any advice on hazards that may arise from combustion products

(iii) precautions for fire fighters and protective clothing requirements.

Section 6 - Accidental release measures—

(i) advice on protective clothing requirements and emergency procedures

(ii) any environmental precautions from accidental spills and releaseiii. advice on how to contain and

clean up a spill or release;

Section 7 - Handling and storage—

(i) precautions for safe handling

(ii) conditions for safe storage, including any incompatibilities.

Section 8 - Exposure controls/personal protection—

(i) exposure limits set for the substance or any of its components, or in their absence, relevant

overseas exposure limits

(ii) engineering controls

(iii) individual protection measures, including personal protective equipment.

Section 9 - Physical and chemical properties—

(i) a description of relevant physical and chemical properties for the substance, including units of

measurement and reference conditions where appropriate

(ii) where necessary for interpretation of data reported, the method of determination.

Section 10 - Stability and reactivity—

(i) an indication of the chemical stability of the substance under normal and anticipated storage and

handling conditions

(ii) a list of conditions to avoid to prevent a hazardous situation; and

(iii) information on incompatible substances or materials.

Section 11 - Toxicological information—

(i) a full description of the toxicological (health) effects, including the symptoms or signs of injury or ill

health associated with each likely route of exposure

(ii) the dose, concentration or conditions of exposure likely to cause injury or ill health

(iii) a summary of the data used to identify the health effects.

Section 12 - Ecological information—

(i) ecotoxicity

(ii) persistence and degradability

(iii) mobility.

Page 4: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Additional Control

Code

Regulation Description Variation

Section 13 - Disposal considerations—

(i) disposal methods, including disposal of packaging

(ii) special precautions to be taken during disposal

(iii) any method of disposal that should not be used.

Section 14 - Transport information—

If relevant,

(i) the UN number

(ii) the proper shipping name

(iii) the UN Dangerous Goods class and subsidiary risk

(iv) the UN Packing Group.

Section 15 - Regulatory information—

(i) HSNO approval number

(ii) information on any other regulatory requirements such as the controlled work area and signage

requirements.

Section 16 - Other information—

(i) date of preparation or revision of the safety data sheet

(ii) a key/legend to abbreviations and acronyms used.

(6) Where a substance is being transported, a safety data sheet is not required if—

(a) there is in the vehicle concerned documentation complying with the Land Transport Rule whilst being

transported by land; or

(b) there is in the ship concerned documentation complying with the Maritime Rule whilst being transported

by sea; or

(c) there is in the aircraft concerned documentation complying with the Civil Aviation Rule whilst being

transported by air.

Page 5: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

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Part 2

The following pages contain the controls and variations that apply to each substance. As noted in Part

1, these controls apply in addition to all of the additional controls specified in Part 1.

HSR000112 – Hempel’s Antifouling Globic ....................................................................................... 69

HSR001748 – ABC7 ANTIFOULING .................................................................................................... 74

HSR100846 - Antifouling Seavictor 50 ............................................................................................... 82

HSR100427 – SeaSafe Ultra ................................................................................................................ 90

HSR000041 – Waterbased Antifouling Range ................................................................................... 98

HSR000919 – Antifouling paint containing 195 g/L cuprous oxide .............................................. 103

HSR000920 – Antifouling paint containing 245 g/L cuprous oxide .............................................. 110

HSR000921 – Antifouling paint containing 521 g/L cuprous oxide .............................................. 117

HSR000922 – Antifouling paint containing 1000 g/kg cuprous oxide (Part B) ............................ 124

HSR000929 – Antifouling paint containing 754 g/L cuprous oxide and 550 g/L zinc oxide ....... 131

HSR000930 – Antifouling paint containing 780 g/L cuprous oxide and 220 g/L zinc oxide ....... 138

HSR000931 – Antifouling paint containing 840 g/L cuprous oxide and 350 g/L zinc oxide ....... 145

HSR002484 – Hempel’s Antifouling Olympic 86901 colour range ................................................ 152

HSR002698 – Hempel’s Antifouling Olympic 86951 colour range ................................................ 159

HSR100080 – Antifouling paint containing 640-655 g/L cuprous oxide ....................................... 166

HSR100057 – Micron 77 Red ............................................................................................................. 174

HSR100058 – Micron 77 Blue ............................................................................................................ 182

HSR100059 – Micron 77 Black .......................................................................................................... 190

HSR100060 – Micron 77 Navy ........................................................................................................... 198

HSR100851 Hempel’s A/F Globic NCT ............................................................................................. 206

HSR100854 Antifouling SeaQuantum Ultra ..................................................................................... 215

HSR100849 Antifouling Seaquantum Classic ................................................................................. 223

HSR000923 – Antifouling paint containing 408-494 g/L cuprous oxide and 34-42 g/L

dichlofluanid ....................................................................................................................................... 231

HSR000889 – Antifouling paint containing 215 g/L cuprous oxide and 36 g/L dichlofluanid .... 238

HSR000934 – Antifouling paint containing 20 g/L diuron (Part A) ................................................ 245

HSR000924 – Antifouling paint containing 450-849 g/L cuprous oxide and 40-70 g/L diuron ... 252

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Note: This substance will cease to be approved from 1 July 2017............................................... 252

HSR100852 - Antifouling paint containing 450 - 849 g/litre cuprous oxide and 40 - 70 g/litre

diuron (aspiration hazard) (Substance A) ....................................................................................... 259

Note: This substance will cease to be approved from 1 July 2017............................................... 259

HSR100853 - Antifouling paint containing 450 - 849 g/litre cuprous oxide and 40 - 70 g/litre

diuron (aspiration hazard) (Substance B) ....................................................................................... 267

Note: This substance will cease to be approved from 1 July 2017............................................... 267

HSR000925 – Antifouling paint containing 580 g/L cuprous oxide, 65 g/L diuron and 320 g/L

zinc oxide ............................................................................................................................................ 275

HSR000926 – Antifouling paint containing 760 g/L cuprous oxide, 62 g/L diuron and 165 g/L

zinc oxide ............................................................................................................................................ 282

HSR000038 – Alloy Antifouling Range ............................................................................................. 289

HSR000916 – Antifouling paint containing 230 g/L copper thiocyanate and 40 g/L diuron ....... 296

HSR007955 – Reduced Copper Antifouling Range (Range D) ...................................................... 303

HSR000040 – Hard B Antifouling Range .......................................................................................... 312

HSR000035 – Ablative A Antifouling Range .................................................................................... 318

HSR100847 AF1000 ............................................................................................................................ 325

HSR000928 – Antifouling paint containing 750 g/L cuprous oxide, 50 g/L thiram and 260 g/L

zinc oxide ............................................................................................................................................ 333

HSR100848 Reduced Copper Antifouling Range (Range C) ......................................................... 340

HSR000952 – Alloy C Antifouling Range ......................................................................................... 347

HSR000103 – Optima Activator (Black) ........................................................................................... 354

HSR000104 – Optima Activator (Blue) ............................................................................................. 359

HSR000105 – Optima Activator (Red) .............................................................................................. 364

HSR000106 – Optima Activator (White) ........................................................................................... 369

HSR000932 – Antifouling paint containing 640 g/L cuprous oxide and 60 g/L zinc pyrithione . 374

HSR100850 Antifouling paint containing cuprous oxide and zinc pyrithione ............................. 381

HSR000121 – Trilux 33 White ............................................................................................................ 389

HSR000951 – Alloy B Antifouling Range ......................................................................................... 395

HSR000933 – Antifouling paint containing 648 g/L cuprous oxide and 70 g/L zineb ................. 402

Page 7: Appendix E: Controls for antifouling paints

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June 2013

HSR100411 – SeaForce 60 ................................................................................................................ 409

HSR100412 – SeaForce 90 ................................................................................................................ 417

HSR000918 – Antifouling paint containing 290 g/L copper thiocyanate, 220 g/L zinc oxide and

55 g/L zineb ......................................................................................................................................... 424

HSR007897 – ABC #3 Antifouling ..................................................................................................... 431

Page 8: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

HSR000112 – Hempel’s Antifouling Globic

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification requirements for

hazardous substance locations

F2 Reg 8 Restrictions on the carriage of flammable

substances on passenger service

vehicles

F3 Reg 55 General limits on flammable substances 500 litres, when in closed containers greater

than 5 litres

1500 litres, when in closed containers up to and

including 5 litres

250 litres, when in use in open containers

F5 Regs 58, 59 Requirements regarding hazardous

atmosphere zones for class 2.1.1, 2.1.2

and 3.1 substances

F6 Regs 60 –

70

Requirements to prevent unintended

ignition of class 2.1.1, 2.1.2 and 3.1

substances

F11 Reg 76 Segregation of incompatible substances

F12 Regs 77 Requirement to establish a hazardous

substance locations if flammable

substances are present

F14 Reg 81 Test certification requirements for facilities

where class 2.1.1, 2.1.2 or 3.1

substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

The following existing TELs apply for Component

D:

TELAIR = 0.87 mg/m3

TELWATER = 0.6 mg/L

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

The following existing HSNO WES values apply:

Copper mists and dusts: 1 mg/m3 (TWA)

Component D: 217 mg/m3 (50 ppm)

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June 2013

(TWA)

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance must

use protective clothing or equipment that is

designed, constructed, and operated to

ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of the

substance that exceeds the workplace

exposure standard (WES) for that

substance, if a WES for that substance

exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

The following existing EEL values apply:

Copper: EELfreshwater = 0.0014 mg/L

Copper: EELmarine = 0.0013 mg/L

Component C: EELfreshwater = 0.008 mg/L

Component C: EELmarine = 0.015 mg/L

4,5-dichloro-2-n-octyl-3(2H)-isothiazolone:

EELwater = 0.00004 mg/L

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

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Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

From 1 January 2014, this control will no longer

apply.

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

From 1 January 2014, this control will no longer

apply.

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tracking) Regulations 2001

Code Regulation Description Variation

TR1 Regs 4(1), 5, 6 General tracking requirements For Hempel's Antifouling Globic®, this control has

been varied so that it does not apply after the

point of retail sale.

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HSR001748 – ABC7 ANTIFOULING

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

The following TELs are set for Component J:

0.87 mg/m3 in air

0.6 mg/l in drinking water.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

The following WES values are set for

components of this substance:

Component B – 5 mg/m3 (TWA), 10 mg/m

3

(STEL)

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Component C – 1000 ppm, 1880 mg/m3

(TWA)

Component I – Ceiling 50 ppm, 150 mg/m3

(skin) (TWA)

Component J – 50 ppm, 217 mg/m3 (TWA)

Component R – 2 mg/m3

(respirable dust)

(TWA)

Component T – 5 mg/m3 (TWA)

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

The following EELs are applicable to this

substance:

(mg/L) (µg/L)

Copper

freshwater

marine

0.0014

0.0013

1.4

1.3

The requirement to set EELSEDIMENT values has

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

been deleted under section 77 (4)(b).

E5 Regs 5(2), 6 Requirements for keeping records of

use

E6 Reg 7 Requirements for equipment used to

handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

This control comes into effect on 1 January

2014.

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

This control comes into effect on 1 January

2014.

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

This control comes into effect on 1 January

2014.

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 Packaging requirements as

specified in Schedule 4

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

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equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 Reg 8(a) Information requirements for

corrosive substances

This control comes into effect on 1 January

2014.

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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oxidising substances and organic

peroxides

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tracking) Regulations 2001

Code Regulation Description Variation

TR1 Regs 4(1), 5, 6 General tracking requirements The requirement for tracking does not apply to

this substance after the point of retail sale.

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer

-Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

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notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer

-Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer

-Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

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June 2013

DOCUMENTATION 77A Additional documentation

requirements are specified for

this substance.

The following information be provided with

this substance, an approach that is

consistent with the approval for the reference

substance:

an information sheet providing

guidelines on the application, use

and removal of antifoulants in a

manner that reduces the risks to the

environment

an 0800 helpline number should be

available at all times for boat

owners to obtain relevant

information with respect to

environmental management relating

to the application, use and removal

of antifoulants.

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HSR100846 - Antifouling Seavictor 50

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

and each component of this substance, any

applicable value or values specified in the

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June 2013

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

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Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation Note: From 1 January 2014 this control is

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June 2013

requirements for toxic substances replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

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June 2013

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

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(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

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Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with water.

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HSR100427 – SeaSafe Ultra

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the

setting of TELs

No TELs are set for this substance at this time.

T2 Regs 29, 30 Controlling exposure in

places of work through the

setting of WESs.

WESs are set for components H, J and K of this

substance. Please refer to document below:

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf

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T4 Reg 7 Requirements for

equipment used to handle

substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous Substances

(Classes 6, 8, and 9 Controls) Regulations 2001 should

be replaced by the following:

(1) Any person who handles the substance must use

protective clothing or equipment that is designed,

constructed, and operated to ensure that the

person—

(a) does not come into contact with or inhale, the

substance; and

(b) is not exposed to a concentration of the

substance that exceeds the workplace

exposure standard (WES) for that substance,

if a WES for that substance exists.

T7 Reg 10 Restrictions on the carriage

of toxic or corrosive

substances on passenger

service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

No EELs are set at this time and the default

EELs are deleted.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

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I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

Revised cut-offs for component labelling

required by Regulation 25(e).

HSNO

Classification of

Component

Concentration

Cut-off for Label

(%)

6.5A, 6.5B 0.11[1]

6.6A, 6.7A 0.1

6.6B, 6.7B 1

6.7B 1

6.8A, 6.8C 0.3

6.8B 3

6.9A, 6.9B 10

[1] Identification of sensitising components

may be required below the 0.1% level if a

lower value has been used for classification.

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

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I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 Packaging requirements as

specified in Schedule 4

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

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Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

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EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tracking) Regulations 2001

Code Regulation Description Variation

TR1 Regs 4(1), 5, 6 General tracking requirements The requirement for tracking does not apply to

this substance after the point of retail sale.

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

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Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The requirements

of this schedule are detailed in the consolidated

version of the Hazardous Substances

(Dangerous Goods and Schedule Toxic

Substances) Transfer Notice 2004, available

from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and

10 of the Hazardous Substances

(Dangerous Goods and

Scheduled Toxic Substances)

Transfer Notice 2004

(Supplement to the New Zealand

Gazette, 26 March 2004, No. 35,

page 767), as amended, shall

apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1

of Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer

-Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

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the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer

-Notice-35-2004.pdf

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Additional controls

Code Regulation Description Variation

DOCU

MENTA

TION

77A Additional documentation requirements are

specified for this substance.

The following information must be

provided with SeaSafe Ultra:

an information sheet

including the relevant

information with respect to

the management of risks

during the application, use

and removal of antifoulants

as described in the

ANZECC Code of Practice

for Antifouling and In-water

Hull Cleaning and

Maintenance; and

an 0800 helpline number

should be available at all

times for boat owners to

obtain relevant information

with respect to

environmental management

relating to the application,

use and removal of

antifoulants

USE 77A A use restriction is applied to this substance. No person may use this substance

for any purpose other than as an

antifouling paint to prevent, by the

slow release of biocides, the build

up of aquatic organisms on the hulls

of vessels or other surfaces in

contact with water.

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HSR000041 – Waterbased Antifouling Range

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No TELs are set for this substance at this

time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

Labour Group’s WESs (TWAs) have been

adopted:

Copper mists and dusts: 1 mg/m3

Ethylene glycol monobutyl ether: 121 mg/m3

(25 ppm)

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to

ecotoxic substances

through the setting of

The following EELWATER values have been proposed for

this range:

(mg/L) (µg/L)

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EELs Copper

freshwater

marine

0.0014

0.0013

1.4

1.3

The requirement to set EELSEDIMENT values has been

deleted as provided by section 77 (4)(b).

E5 Regs 5(2), 6 Requirements for keeping

records of use

E6 Reg 7 Requirements for

equipment used to handle

substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

It is recommended that in place of the

approved handler control, the following

information should be provided with this

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product:

an information sheet providing

guidelines on the application, use and

removal of antifoulants in a manner that

reduces the risks to the environment

an 0800 helpline number should be

available at all times for boat owners to

obtain relevant information with respect

to environmental management relating

to the application, use and removal of

antifoulants

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

I28 Reg 46 Specific documentation

requirements for toxic substances

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG2 Schedule 2 Packaging requirements

equivalent to UN Packing Group II

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Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tracking) Regulations 2001

Code Regulation Description Variation

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TR1 Regs 4(1), 5, 6 General tracking requirements This control is varied so that it does not apply

after the point of retail sale.

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HSR000919 – Antifouling paint containing 195 g/L cuprous oxide

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

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Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

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suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

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and

(b) includes a process pipeline or a

transfer line.

The following subclauses are added at the end

of regulation 37:

(2) If pooling substances which do not have

class 1 to 5 hazard classifications are

held in a place above ground in

containers each of which has a capacity

of 60 litres or less—

(a) if the place’s total pooling potential

is less than 20,000 litres, the

secondary containment system

must have a capacity of at least

25% of that total pooling potential:

(b) if the place’s total pooling potential

is 20,000 litres or more, the

secondary containment system

must have a capacity of the greater

of—

(i) 5% of the total pooling

potential; or

(ii) 5,000 litres.

(3) Pooling substances to which subclause

(2) applies must be segregated where

appropriate to ensure that leakage of one

substance may not adversely affect the

container of another substance.

The following subclauses are added at the end

of regulation 38:

(2) If pooling substances which do not have

class 1 to 5 hazard classifications are

held in a place above ground in

containers 1 or more of which have a

capacity of more than 60 litres but none

of which have a capacity of more than

450 litres—

(a) if the place’s total pooling potential

is less than 20,000 litres, the

secondary containment system

must have a capacity of either 25%

of that total pooling potential or

110% of the capacity of the largest

container, whichever is the greater:

(b) if the place’s total pooling potential

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is 20,000 litres or more, the

secondary containment system

must have a capacity of the greater

of—

(i) 5% of the total pooling

potential; or

(ii) 5,000 litres

(3) Pooling substances to which subclause

(2) applies must be segregated where

appropriate to ensure that the leakage of

one substance may not adversely affect

the container of another substance.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, as set out in

Schedule 8 of the Hazardous

Substances (Dangerous Goods and

Scheduled Toxic Substances)

Transfer Notice 2004 (Supplement

to the New Zealand Gazette, 26

March 2004, No. 35, page 767), as

amended, shall apply to this

substance, notwithstanding clause

1(1) of that schedule.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

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vessels or other surfaces in contact with

water.

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HSR000920 – Antifouling paint containing 245 g/L cuprous oxide

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

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and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

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E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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substances

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

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D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

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secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

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Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

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HSR000921 – Antifouling paint containing 521 g/L cuprous oxide

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

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June 2013

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

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June 2013

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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June 2013

substances

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

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June 2013

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

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(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

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June 2013

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

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June 2013

HSR000922 – Antifouling paint containing 1000 g/kg cuprous oxide (Part B)

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

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Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

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June 2013

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

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June 2013

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

The following subclauses are added at the end

of regulation 37:

(2) If pooling substances which do not have

class 1 to 5 hazard classifications are

held in a place above ground in

containers each of which has a capacity

of 60 litres or less—

(a) if the place’s total pooling potential

is less than 20,000 litres, the

secondary containment system

must have a capacity of at least

25% of that total pooling potential:

(b) if the place’s total pooling potential

is 20,000 litres or more, the

secondary containment system

must have a capacity of the greater

of—

(i) 5% of the total pooling

potential; or

(ii) 5,000 litres.

(3) Pooling substances to which subclause

(2) applies must be segregated where

appropriate to ensure that leakage of one

substance may not adversely affect the

container of another substance.

The following subclauses are added at the end

of regulation 38:

(2) If pooling substances which do not have

class 1 to 5 hazard classifications are

held in a place above ground in

containers 1 or more of which have a

capacity of more than 60 litres but none

of which have a capacity of more than

450 litres—

(a) if the place’s total pooling potential

is less than 20,000 litres, the

secondary containment system

must have a capacity of either 25%

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of that total pooling potential or

110% of the capacity of the largest

container, whichever is the greater:

(b) if the place’s total pooling potential

is 20,000 litres or more, the

secondary containment system

must have a capacity of the greater

of—

(i) 5% of the total pooling

potential; or

(ii) 5,000 litres

(3) Pooling substances to which subclause

(2) applies must be segregated where

appropriate to ensure that the leakage of

one substance may not adversely affect

the container of another substance

.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, as set out in

Schedule 8 of the Hazardous

Substances (Dangerous Goods and

Scheduled Toxic Substances)

Transfer Notice 2004 (Supplement

to the New Zealand Gazette, 26

March 2004, No. 35, page 767), as

amended, shall apply to this

substance, notwithstanding clause

1(1) of that schedule.

Controls added under section 77A

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Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

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June 2013

HSR000929 – Antifouling paint containing 754 g/L cuprous oxide and 550 g/L zinc oxide

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

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E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Page 73: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

substances

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

Page 75: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Page 76: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

Page 77: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

HSR000930 – Antifouling paint containing 780 g/L cuprous oxide and 220 g/L zinc oxide

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

Page 78: Appendix E: Controls for antifouling paints

Page 139

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

Page 79: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Page 80: Appendix E: Controls for antifouling paints

Page 141

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

substances

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

Page 81: Appendix E: Controls for antifouling paints

Page 142

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

Page 82: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Page 83: Appendix E: Controls for antifouling paints

Page 144

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

Page 84: Appendix E: Controls for antifouling paints

Page 145

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

HSR000931 – Antifouling paint containing 840 g/L cuprous oxide and 350 g/L zinc oxide

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

Page 85: Appendix E: Controls for antifouling paints

Page 146

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

Page 86: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Page 87: Appendix E: Controls for antifouling paints

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June 2013

substances

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

Page 88: Appendix E: Controls for antifouling paints

Page 149

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

Page 89: Appendix E: Controls for antifouling paints

Page 150

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and Schedule

Toxic Substances) Transfer Notice 2004,

available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended ignition

of flammable substances, as set out

in Schedules 8, 9 and 10 of the

Hazardous Substances (Dangerous

Goods and Scheduled Toxic

Substances) Transfer Notice 2004

(Supplement to the New Zealand

Gazette, 26 March 2004, No. 35,

page 767), as amended, shall apply

to this substance, notwithstanding

clause 1(1) of Schedules 8 and 9 and

clause 1 of Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Page 90: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of class

2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and Schedule

Toxic Substances) Transfer Notice 2004,

available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended ignition

of flammable substances, as set out

in Schedules 8, 9 and 10 of the

Hazardous Substances (Dangerous

Goods and Scheduled Toxic

Substances) Transfer Notice 2004

(Supplement to the New Zealand

Gazette, 26 March 2004, No. 35,

page 767), as amended, shall apply

to this substance, notwithstanding

clause 1(1) of Schedules 8 and 9 and

clause 1 of Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

Page 91: Appendix E: Controls for antifouling paints

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June 2013

HSR002484 – Hempel’s Antifouling Olympic 86901 colour range

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No TELs are set for Hempel’s Antifouling

Olympic 86901 colour range at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

The following WESs have been set:

Component E3/F2/H2/S: TWA = 50 ppm

T4 Reg 7 Requirements for equipment used

Page 92: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

No EELs are set for Hempel’s Antifouling

Olympic 86901 colour range at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

Page 93: Appendix E: Controls for antifouling paints

Page 154

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

Page 94: Appendix E: Controls for antifouling paints

Page 155

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 Packaging requirements as

specified in Schedule 4

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

Trigger quantity is any amount

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

Page 95: Appendix E: Controls for antifouling paints

Page 156

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

Page 96: Appendix E: Controls for antifouling paints

Page 157

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

Page 97: Appendix E: Controls for antifouling paints

Page 158

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Page 98: Appendix E: Controls for antifouling paints

Page 159

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

HSR002698 – Hempel’s Antifouling Olympic 86951 colour range

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No TELs are set for this substance at this

time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

The following WES has been set:

Solvent (Component E2/G2/P): TWA =

50 ppm

Page 99: Appendix E: Controls for antifouling paints

Page 160

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

No EELs are set for this substance at this

time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

Page 100: Appendix E: Controls for antifouling paints

Page 161

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1), General packaging requirements

Page 101: Appendix E: Controls for antifouling paints

Page 162

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

8

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 Packaging requirements as

specified in Schedule 4

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

Page 102: Appendix E: Controls for antifouling paints

Page 163

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

Page 103: Appendix E: Controls for antifouling paints

Page 164

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

Page 104: Appendix E: Controls for antifouling paints

Page 165

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Page 105: Appendix E: Controls for antifouling paints

Page 166

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

HSR100080 – Antifouling paint containing 640-655 g/L cuprous oxide

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No TELs are set for Antifouling Paint containing

640-655g/L Cuprous Oxide at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Labour Group WES value has been set for

Component D of this substance:

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf

Page 106: Appendix E: Controls for antifouling paints

Page 167

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

No EELs are set for Antifouling Paint

containing 640-655g/L Cuprous Oxide at this

time and the default EELs are deleted.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

Page 107: Appendix E: Controls for antifouling paints

Page 168

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1), General packaging requirements

Page 108: Appendix E: Controls for antifouling paints

Page 169

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

8

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 Packaging requirements as

specified in Schedule 4

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

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Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

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transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tracking) Regulations 2001

Code Regulation Description Variation

TR1 Regs 4(1), 5, 6 General tracking requirements This control is varied so that it does not apply

after the point of retail sale.

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of class 3.1 flammable

substances, as set out in Schedules

8, 9 and 10 of the Hazardous

Substances (Dangerous Goods and

Scheduled Toxic Substances)

Transfer Notice 2004 (Supplement

to the New Zealand Gazette, 26

March 2004, No. 35), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating The controls relating to stationary

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to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

container systems, secondary

containment and unintended

ignition of class 3.1 flammable

substances, as set out in Schedules

8, 9 and 10 of the Hazardous

Substances (Dangerous Goods and

Scheduled Toxic Substances)

Transfer Notice 2004 (Supplement

to the New Zealand Gazette, 26

March 2004, No. 35), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Additional controls

Code Regulation Description Variation

Antifoulin 77A No person may use this

substance for any purpose

other than as an antifouling

paint.

No person may use Antifouling Paint

containing 640-655 g/L Cuprous Oxide for

any purpose other than as an antifouling

paint to prevent, by the slow release of

biocides, the build up of aquatic

organisms on the hulls of vessels or other

surfaces in contact with water.

DOCUMENTATION 77A Additional documentation

requirements are specified for

The following information must be

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June 2013

this substance. provided with SeaSafe Ultra:

an information sheet including the

relevant information with respect to

the management of risks during

the application, use and removal of

antifoulants as described in the

ANZECC Code of Practice for

Antifouling and In-water Hull

Cleaning and Maintenance; and

an 0800 helpline number should

be available at all times for boat

owners to obtain relevant

information with respect to

environmental management

relating to the application, use and

removal of antifoulants

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HSR100057 – Micron 77 Red

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Labour Group WES values are adopted for the

following components of the formulations of

Micron 77.

Micron 77 Red: A1, A

2, A

3, A

4, D

1, D

2, D

3, D

4, F,

G, H, K.

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf

T4 Reg 7 Requirements for equipment

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

No EEL values are set at this time and the

default EELs are deleted.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

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I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I22 Reg 40 Specific documentation

requirements for corrosive

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

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June 2013

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 Packaging requirements as

specified in Schedule 4

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

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June 2013

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 Reg 8(a) Information requirements for

corrosive substances

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

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(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

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June 2013

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Additional controls

Code Regulation Description Variation

Use 77A A restriction has been placed on

the use of the substance.

Micron 77 may not be used for any purpose

other than as an antifouling paint to prevent,

by the slow release of biocides, the build up of

aquatic organisms on the hulls of vessels or

other surfaces in contact with water.

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June 2013

HSR100058 – Micron 77 Blue

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Labour Group WES values are adopted for the

following components of the formulations of

Micron 77.

Micron 77 Blue: A1, A

2, A

3, A

4, D

1, D

2, D

3, D

4, F,

G, H, J, K.

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf

T4 Reg 7 Requirements for equipment

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

No EEL values are set at this time and the

default EELs are deleted.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

I3 Reg 9 Priority identifiers for ecotoxic

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June 2013

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I22 Reg 40 Specific documentation

requirements for corrosive

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

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June 2013

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 Packaging requirements as

specified in Schedule 4

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

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June 2013

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 Reg 8(a) Information requirements for

corrosive substances

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

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June 2013

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

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June 2013

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Additional controls

Code Regulation Description Variation

Use 77A A restriction has been placed on

the use of the substance.

Micron 77 may not be used for any purpose

other than as an antifouling paint to prevent,

by the slow release of biocides, the build up of

aquatic organisms on the hulls of vessels or

Page 128: Appendix E: Controls for antifouling paints

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June 2013

other surfaces in contact with water.

Page 129: Appendix E: Controls for antifouling paints

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June 2013

HSR100059 – Micron 77 Black

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Labour Group WES values are adopted for the

following components of the formulations of

Micron 77.

Micron 77 Black: A1, A

2, A

3, A

4, D

1, D

2, D

3, D

4, E,

F, G, H, K, L.

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf

T4 Reg 7 Requirements for equipment

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

No EEL values are set at this time and the

default EELs are deleted.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

I3 Reg 9 Priority identifiers for ecotoxic

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June 2013

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I22 Reg 40 Specific documentation

requirements for corrosive

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

Page 132: Appendix E: Controls for antifouling paints

Page 193

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 Packaging requirements as

specified in Schedule 4

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

Page 133: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 Reg 8(a) Information requirements for

corrosive substances

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

Page 134: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Page 135: Appendix E: Controls for antifouling paints

Page 196

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Additional controls

Code Regulation Description Variation

Use 77A A restriction has been placed on

the use of the substance.

Micron 77 may not be used for any purpose

other than as an antifouling paint to prevent,

by the slow release of biocides, the build up of

aquatic organisms on the hulls of vessels or

Page 136: Appendix E: Controls for antifouling paints

Page 197

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

other surfaces in contact with water.

Page 137: Appendix E: Controls for antifouling paints

Page 198

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

HSR100060 – Micron 77 Navy

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Labour Group WES values are adopted for the

following components of the formulations of

Micron 77.

Micron 77 Navy: A1, A

2, A

3, A

4, D

1, D

2, D

3, D

4, F,

G, H, L.

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf

Page 138: Appendix E: Controls for antifouling paints

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June 2013

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

No EEL values are set at this time and the

default EELs are deleted.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

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June 2013

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I22 Reg 40 Specific documentation

requirements for corrosive

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

Page 140: Appendix E: Controls for antifouling paints

Page 201

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 Packaging requirements as

specified in Schedule 4

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

Page 141: Appendix E: Controls for antifouling paints

Page 202

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 Reg 8(a) Information requirements for

corrosive substances

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

Page 142: Appendix E: Controls for antifouling paints

Page 203

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Page 143: Appendix E: Controls for antifouling paints

Page 204

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Additional controls

Code Regulation Description Variation

Use 77A A restriction has been placed on

the use of the substance.

Micron 77 may not be used for any purpose

other than as an antifouling paint to prevent,

by the slow release of biocides, the build up of

aquatic organisms on the hulls of vessels or

Page 144: Appendix E: Controls for antifouling paints

Page 205

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

other surfaces in contact with water.

Page 145: Appendix E: Controls for antifouling paints

Page 206

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

HSR100851 Hempel’s A/F Globic NCT

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

TELs have been set for the following

components:

Xylene TELAIR of 0.87 mg/m3, and

TELWATER of 0.6 mg/L

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

Labour Group’s WESs have been adopted for

specific components: All are WES-TWAs

except for n-butanol which is a WES-Ceiling.

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Copper mists and dusts 1 mg/m3

n-butanol 150 mg/m3

(50

ppm)

xylene 217 mg/m3

(50

ppm)

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting

of EELs

The following EELWATER values have been proposed

for the following components:

Component Proposed EELWATER

(mg/L) (µg/L)

Copper

freshwater

marine

0.0014

0.0013

1.4

1.3

Tolyfluanid 0.00006 0.06

Irgarol 0.000024 0.024

Zinc

freshwater

0.008

8

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June 2013

marine 0.015 15

Thiram 0.00001 0.01

Octhilinone 0.00009 0.09

The requirement to set EELSEDIMENT values has been

deleted as provided by section 77 (4)(b)

E5 Regs 5(2), 6 Requirements for keeping

records of use

E6 Reg 7 Requirements for equipment

used to handle substances

E7

Reg 9

Approved handler/security

requirements for certain toxic

substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

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June 2013

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I22 Reg 40 Specific documentation

requirements for corrosive

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

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June 2013

substances

P14 Reg 20 Packaging requirements for

corrosive substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG2 Schedule 2 Packaging requirements

equivalent to UN Packing Group II

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 Reg 8(a) Information requirements for

corrosive substances

EM4 Reg 8(c) Information requirements for

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

flammable substances

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

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June 2013

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tracking) Regulations 2001

Code Regulation Description Variation

TR1 Regs 4(1), 5, 6 General tracking requirements This control has been varied so that it does

not apply after the point of retail sale as

provided by section 77(4)(b).

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

The controls relating to stationary

container systems, secondary

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Additional controls

Code Regulation Description Variation

DOCUMENTATION 77A Additional documentation

requirements are specified for

this substance.

The following information be provided with

this substance, an approach that is

consistent with the approval for the reference

substance:

an information sheet providing

guidelines on the application, use

and removal of antifoulants in a

manner that reduces the risks to the

environment

an 0800 helpline number should be

Page 153: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

available at all times for boat

owners to obtain relevant

information with respect to

environmental management relating

to the application, use and removal

of antifoulants.

Page 154: Appendix E: Controls for antifouling paints

Page 215

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

HSR100854 Antifouling SeaQuantum Ultra

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

TELs have been set for the following

components:

Xylene TELAIR of 0.87 mg/m3, and

TELWATER of 0.6 mg/L

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

Labour Group’s WESs have been adopted for

specific components: All are WES-TWAs

except for n-butanol which is a WES-Ceiling.

Page 155: Appendix E: Controls for antifouling paints

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June 2013

Copper mists and dusts 1 mg/m3

n-butanol 150 mg/m3

(50

ppm)

xylene 217 mg/m3

(50

ppm)

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the

setting of EELs

The following EELWATER values have been proposed

for the following components:

Component Proposed EELWATER

(mg/L) (µg/L)

Copper

freshwater

marine

0.0014

0.0013

1.4

1.3

Tolyfluanid 0.00006 0.06

Irgarol 0.000024 0.024

Zinc

freshwater

0.008

8

Page 156: Appendix E: Controls for antifouling paints

Page 217

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June 2013

marine 0.015 15

Thiram 0.00001 0.01

Octhilinone 0.00009 0.09

The requirement to set EELSEDIMENT values has been

deleted as provided by section 77 (4)(b)

E5 Regs 5(2), 6 Requirements for keeping

records of use

E6 Reg 7 Requirements for equipment

used to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG2 Schedule 2 Packaging requirements

equivalent to UN Packing Group II

Hazardous Substances (Disposal) Regulations 2001

Page 158: Appendix E: Controls for antifouling paints

Page 219

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM4 Reg 8(c) Information requirements for

flammable substances

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tracking) Regulations 2001

Code Regulation Description Variation

TR1 Regs 4(1), 5, 6 General tracking requirements This control has been varied so that it does

not apply after the point of retail sale as

provided by section 77(4)(b).

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Page 160: Appendix E: Controls for antifouling paints

Page 221

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

The controls relating to stationary

container systems, secondary

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Additional controls

Code Regulation Description Variation

DOCUMENTATION 77A

Additional documentation

requirements are specified for

this substance.

The following information be provided with

this substance, an approach that is

consistent with the approval for the

reference substance:

an information sheet providing

guidelines on the application, use

and removal of antifoulants in a

manner that reduces the risks to

the environment

an 0800 helpline number should be

available at all times for boat

owners to obtain relevant

information with respect to

environmental management

relating to the application, use and

removal of antifoulants.

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Page 223

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

HSR100849 Antifouling Seaquantum Classic

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

TELs have been set for the following

components:

Xylene TELAIR of 0.87 mg/m3, and

TELWATER of 0.6 mg/L

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

Labour group’s WESs have been adopted for

specific components: All are WES-TWAs

except for n-butanol which is a WES-Ceiling.

Page 163: Appendix E: Controls for antifouling paints

Page 224

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Copper mists and dusts 1 mg/m3

n-butanol 150 mg/m3

(50

ppm)

xylene 217 mg/m3

(50

ppm)

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the

setting of EELs

The following EELWATER values have been proposed

for the following components:

Component Proposed EELWATER

(mg/L) (µg/L)

Copper

freshwater

marine

0.0014

0.0013

1.4

1.3

Tolyfluanid 0.00006 0.06

Irgarol 0.000024 0.024

Zinc

freshwater

0.008

8

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June 2013

marine 0.015 15

Thiram 0.00001 0.01

Octhilinone 0.00009 0.09

The requirement to set EELSEDIMENT values has been

deleted as provided by section 77 (4)(b)

E5 Regs 5(2), 6 Requirements for keeping

records of use

E6 Reg 7 Requirements for equipment

used to handle substances

E7 Reg 9

Approved handler/security

requirements for certain

ecotoxic substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

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I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

It is recommended that in place of the

approved handler control, the following

information should be provided with this

product:

an information sheet providing guidelines

on the application, use and removal of

antifoulants in a manner that reduces the

risks to the environment

an 0800 helpline number should be

available at all times for boat owners to

obtain relevant information with respect

to environmental management relating to

the application, use and removal of

antifoulants

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

I25 Reg 43 Specific documentation

requirements for flammable

substances

I28 Reg 46 Specific documentation

requirements for toxic substances

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

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June 2013

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG2 Schedule 2 Packaging requirements

equivalent to UN Packing Group II

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM4 Reg 8(c) Information requirements for

flammable substances

EM6 Reg 8(e) Information requirements for toxic

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substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

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Hazardous Substances (Tracking) Regulations 2001

Code Regulation Description Variation

TR1 Regs 4(1), 5, 6 General tracking requirements This control has been varied so that it does

not apply after the point of retail sale as

provided by section 77(4)(b).

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

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http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

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HSR000923 – Antifouling paint containing 408-494 g/L cuprous oxide and 34-42 g/L dichlofluanid

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

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June 2013

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

substances

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Page 176: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

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HSR000889 – Antifouling paint containing 215 g/L cuprous oxide and 36 g/L dichlofluanid

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

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June 2013

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

From 1 January 2014, this control will no

longer apply.

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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June 2013

substances

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

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June 2013

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

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June 2013

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

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Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Additional controls

Code Regulation Description Variation

Use 77A A restriction has been placed on

the use of the substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

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HSR000934 – Antifouling paint containing 20 g/L diuron (Part A)

Note: This substance will cease to be approved from 1 July 2017.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

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WESs. Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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June 2013

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

Page 189: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

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June 2013

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

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June 2013

HSR000924 – Antifouling paint containing 450-849 g/L cuprous oxide and 40-70 g/L diuron

Note: This substance will cease to be approved from 1 July 2017.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

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June 2013

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

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June 2013

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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June 2013

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

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June 2013

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

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June 2013

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

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June 2013

HSR100852 - Antifouling paint containing 450 - 849 g/litre cuprous oxide and 40 - 70 g/litre diuron (aspiration hazard) (Substance A)

Note: This substance will cease to be approved from 1 July 2017.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

No ADE, PDE or TEL values are set for this

substance at this time.

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Page 260

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June 2013

TELs

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(2) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

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June 2013

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Page 201: Appendix E: Controls for antifouling paints

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June 2013

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

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June 2013

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

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June 2013

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Page 204: Appendix E: Controls for antifouling paints

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June 2013

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

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June 2013

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

Page 206: Appendix E: Controls for antifouling paints

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June 2013

HSR100853 - Antifouling paint containing 450 - 849 g/litre cuprous oxide and 40 - 70 g/litre diuron (aspiration hazard) (Substance B)

Note: This substance will cease to be approved from 1 July 2017.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

No ADE, PDE or TEL values are set for this

substance at this time.

Page 207: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

TELs

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(3) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Page 208: Appendix E: Controls for antifouling paints

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June 2013

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Page 209: Appendix E: Controls for antifouling paints

Page 270

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June 2013

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

Page 210: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

Page 211: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Page 212: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

Page 213: Appendix E: Controls for antifouling paints

Page 274

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

Page 214: Appendix E: Controls for antifouling paints

Page 275

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

HSR000925 – Antifouling paint containing 580 g/L cuprous oxide, 65 g/L diuron and 320 g/L zinc oxide

Note: This substance will cease to be approved from 1 July 2017.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Page 215: Appendix E: Controls for antifouling paints

Page 276

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

WESs. Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

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Page 277

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Page 217: Appendix E: Controls for antifouling paints

Page 278

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June 2013

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

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substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

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required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

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Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

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HSR000926 – Antifouling paint containing 760 g/L cuprous oxide, 62 g/L diuron and 165 g/L zinc oxide

Note: This substance will cease to be approved from 1 July 2017.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

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WESs. Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

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of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

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substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

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June 2013

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

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Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

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HSR000038 – Alloy Antifouling Range

Note: This substance will cease to be approved from 1 July 2017.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

TELs have been set for the following

components:

Diuron TELWATER of 0.02 mg/L

Xylene TELAIR of 0.87 mg/m3, and

TELWATER of 0.6 mg/L

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T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

Labour group’s WESs have been adopted for

specific components: All are WES-TWAs

except for n-butanol which is a WES-Ceiling.

Copper mists and dusts 1 mg/m3

n-butanol 150 mg/m3

(50

ppm)

xylene 217 mg/m3

(50

ppm)

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the

setting of EELs

The following EELWATER values have been proposed

for the following components:

Component Proposed EELWATER

(mg/L) (µg/L)

Copper

freshwater

marine

0.0014

0.0013

1.4

1.3

Zinc

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freshwater

marine

0.008

0.015

8

15

Diuron

freshwater

marine

0.0002

0.0018

0.2

1.8

The requirement to set EELSEDIMENT values has been

deleted as provided by section 77 (4)(b)

E5 Regs 5(2), 6 Requirements for keeping

records of use

E6 Reg 7 Requirements for equipment

used to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

This control comes into effect on 1 January

2014.

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

This control comes into effect on 1 January

2014.

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

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I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

This control comes into effect on 1 January

2014.

P15 Reg 21 Packaging requirements for

ecotoxic substances

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Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG2 Schedule 2 Packaging requirements

equivalent to UN Packing Group II

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 8(a) Information requirements for

corrosive substances

This control comes into effect on 1 January

2014.

EM4 Reg 8(c) Information requirements for

flammable substances

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16, Level 2 information requirements Note: From 1 January 2014 this control is

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18 – 20 for suppliers and persons in

charge

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tracking) Regulations 2001

Code Regulation Description Variation

TR1 Regs 4(1), 5, 6 General tracking requirements This control has been varied so that it does

not apply after the point of retail sale as

provided by section 77(4)(b).

Additional controls

Code Regulation Description Variation

DOCUMENTATION 77A

Additional documentation

requirements are specified for

this substance.

The following information be provided with

this substance, an approach that is

consistent with the approval for the

reference substance:

an information sheet providing

guidelines on the application, use

and removal of antifoulants in a

manner that reduces the risks to

the environment

an 0800 helpline number should be

available at all times for boat

owners to obtain relevant

information with respect to

environmental management

relating to the application, use and

removal of antifoulants.

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HSR000916 – Antifouling paint containing 230 g/L copper thiocyanate and 40 g/L diuron

Note: This substance will cease to be approved from 1 July 2017.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

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T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

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E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

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D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

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determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

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Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

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HSR007955 – Reduced Copper Antifouling Range (Range D)

Note: This substance will cease to be approved from 1 July 2017.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones

for class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 –

70

Requirements to prevent

unintended ignition of class

2.1.1, 2.1.2 and 3.1

substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations

if flammable substances are

present

F14 Reg 81 Test certification requirements

for facilities where class 2.1.1,

2.1.2 or 3.1 substances are

present

This control has been varied such that it does not apply

to a person in charge of a hazardous

substance location if—

(a) the hazardous substance location is situated

on a farm of not less than 4 hectares; and

(b) the combined quantity of each class 3.1B or

class 3.1C substance and any petrol,

aviation gasoline, or racing gasoline stored

at the location is less than 2,000 litres; and

(c) either—

(i) the following requirements are complied

with:

(A) each substance is stored in 1 or

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more secure containers, each of

which has a capacity of less than

250 litres; and

(B) each container complies with

regulation 11 and Schedule 2 of

the Hazardous Substances

(Packaging) Regulations 2001;

and

(C) each container is—

(I) situated not less than 15

metres from any area of high

intensity land use or area of

regular habitation; and

(II) situated either in the open or

in a well-ventilated building;

and

(III) in a compound or located so

that any spillage of the

substance will not endanger

any building, or flow into any

stream, lake, or natural

water; or

(ii) the following requirements are complied

with:

(A) each substance is stored in an

above ground stationary tank that

complies with the Stationary

Container Controls in Schedule 8

of the Hazardous Substances

(Dangerous Goods and

Scheduled Toxic Substances)

Transfer Notice 2004, as

amended by this Schedule; and

(B) each of the above ground

stationary tanks is situated—

(I) not less than 20 metres from

any area of high-intensity

land use or area of regular

habitation; and

(II) 6 metres from any

combustible materials; and

(III) in a compound or located so

that any spillage of the

substance will not endanger

any building, or flow into any

stream, lake, or natural

water.

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F16 Reg 83 Controls on transit depots

where flammable substances

are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

A TEL has been set for constituents of

components E3[1]

and F (TELAIR of 0.87 mg/m3

and TELWATER of 0.6 mg/L).

[1]Refer to Confidential Appendix 2 for a key

to component identity

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

A WES value has been set for copper (TWA –

1mg/m3) and for components E3

[1] and F (TWA

- 525 mg/m3

(100 ppm)).

[1]Refer to Confidential Appendix 2 for a key

to component identity

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

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Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

The following EELs are set for components of

Reduced Copper Antifouling Range D:

Copper: 1.4 ug/L (freshwater), 1.3 ug/L

(marine)

Component B4[1]

: 0.09 ug/L

Component G: 8ug/L (freshwater), 15ug/L

(marine)

[1]Refer to Confidential Appendix 2 for a key

to component identity

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic Revised cut-offs for component labelling

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substances required by Regulation 25(e):

HSNO

Classification

of Component

Concentration

Cut-off for

Label (%)

6.5A, 6.5B,

6.6A, 6.7A 0.1

6.6B 1

6.7B 1

6.8A, 6.8C 0.3

6.8B 3

6.9A, 6.9B 10

For more information about this variation see

paragraph 4.21.3 of the main document.

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

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Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 Packaging requirements as

specified in Schedule 4

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

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out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tracking) Regulations 2001

Code Regulation Description Variation

TR1 Regs 4(1), 5, 6 General tracking requirements This control is varied so that it does not apply

after the point of retail sale.

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

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Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Additional controls

Code Regulation Description Variation

Information 77A The following information is

recommended to be provided with

these products

An information sheet providing guidelines

on the application, use and removal of

antifoulants in a manner that reduces the

risks to the environment.

An 0800 helpline number should be

available at all times for boat owners to

obtain relevant information with respect to

environmental management relating to the

application, use and removal of

antifoulants.

Water 77A The substance must not be

applied onto or into water.

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HSR000040 – Hard B Antifouling Range

Note: This substance will cease to be approved from 1 July 2017.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

Labour group’s WESs have been adopted for

specific components: All are WES-TWAs

except for n-butanol which is a WES-Ceiling.

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Copper mists and dusts 1 mg/m3

Shellsol A 525 mg/m3

(100

ppm)

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the

setting of EELs

The following EELWATER values have been proposed

for the following components as relevant for each of

the ranges:

Component Proposed EELWATER

(mg/L) (µg/L)

Copper

freshwater

marine

0.0014

0.0013

1.4

1.3

Tolyfluanid 0.00006 0.06

Octhilinone 0.00009 0.09

The requirement to set EELSEDIMENT values has been

deleted as provided by section 77 (4)(b)

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E5 Regs 5(2), 6 Requirements for keeping

records of use

E6 Reg 7 Requirements for equipment

used to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

This control comes into effect on 1 January

2014.

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

This control comes into effect on 1 January

2014.

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

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I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

This control comes into effect on 1 January

2014.

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG2 Schedule 2 Packaging requirements

equivalent to UN Packing Group II

Hazardous Substances (Disposal) Regulations 2001

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Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 8(a) Information requirements for

corrosive substances

This control comes into effect on 1 January

2014.

EM4 Reg 8(c) Information requirements for

flammable substances

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

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charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tracking) Regulations 2001

Code Regulation Description Variation

TR1 Regs 4(1), 5, 6 General tracking requirements This control has been varied so that it does

not apply after the point of retail sale as

provided by section 77(4)(b).

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HSR000035 – Ablative A Antifouling Range

Note: This substance will cease to be approved from 1 July 2023.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones

for class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class

2.1.1, 2.1.2 and 3.1

substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations

if flammable substances are

present

F14 Reg 81 Test certification requirements

for facilities where class 2.1.1,

2.1.2 or 3.1 substances are

present

F16 Reg 83 Controls on transit depots

where flammable substances

are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting

of TELs

TELs have been set for the following components as

relevant for each of the ranges:

Thiram TELAIR of 0.002 mg/m3

[ABLATIVE A

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ONLY]

Xylene TELAIR of 0.87 mg/m3, and

TELWATER of 0.6 mg/L

T2 Regs 29, 30 Controlling exposure in places

of work through the setting of

WESs.

Labour group’s WESs have been adopted for specific

components as relevant for each of the ranges: All are

WES-TWAs except for n-butanol which is a WES-

Ceiling.

Copper mists and dusts 1 mg/m3

n-butanol 150 mg/m3

(50 ppm)

xylene

217 mg/m3

(50 ppm)

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous Substances

(Classes 6, 8, and 9 Controls) Regulations 2001

should be replaced by the following:

(1) Any person who handles the substance must use

protective clothing or equipment that is designed,

constructed, and operated to ensure that the

person—

(a) does not come into contact with or inhale,

the substance; and

(b) is not exposed to a concentration of the

substance that exceeds the workplace

exposure standard (WES) for that

substance, if a WES for that substance

exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances

on passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting

of EELs

The following EELWATER values have been

proposed:

Component Proposed EELWATER

(mg/L) (µg/L)

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Copper

freshwater

marine

0.0014

0.0013

1.4

1.3

Zinc

freshwater

marine

0.008

0.015

8

15

The requirement to set EELSEDIMENT values has

been deleted as provided by section 77 (4)(b)

E5 Regs 5(2), 6 Requirements for keeping

records of use

E6 Reg 7 Requirements for equipment

used to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32

– 35, 36(1) –

(7)

Identification requirements,

duties of persons in charge,

accessibility, comprehensibility,

clarity and durability

I2 Reg 8 Priority identifiers for corrosive

substances

This control comes into effect on 1 January 2014.

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for

flammable substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for

corrosive substances

This control comes into effect on 1 January 2014.

I11 Reg 20 Secondary identifiers for

ecotoxic substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

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I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including

situations where substances

are in multiple packaging

I20 Reg 36(8) Durability of information for

class 6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is replaced by

Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is replaced by

Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is replaced by

Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic

substances

Note: From 1 January 2014 this control is replaced by

Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6,

7(1), 8

General packaging

requirements

P3 Reg 9 Criteria that allow substances

to be packaged to a standard

not meeting Packing Group I, II

or III criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for

toxic substances

P14 Reg 20 Packaging requirements for

corrosive substances

This control comes into effect on 1 January 2014.

P15 Reg 21 Packaging requirements for

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ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG2 Schedule 2 Packaging requirements

equivalent to UN Packing

Group II

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for

ecotoxic substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in

charge

D8 Regs 13, 14 Documentation requirements

for manufacturers, importers

and suppliers, and persons in

charge

Note: From 1 January 2014 this control is replaced by

Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9

– 11

Level 1 information

requirements for suppliers

and persons in charge

EM2 8(a) Information requirements for

corrosive substances

This control comes into effect on 1 January 2014.

EM4 Reg 8(c) Information requirements for

flammable substances

EM6 Reg 8(e) Information requirements for

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toxic substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 –

16, 18 – 20

Level 2 information

requirements for suppliers

and persons in charge

Note: From 1 January 2014 this control is replaced

by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable

and oxidising substances and

organic peroxides

Note: From 1 January 2014 this control is replaced

by Additional Control R-5.

EM10 Regs 21 –

24

Fire extinguisher

requirements

EM11 Regs 25 –

34

Level 3 emergency

management requirements:

duties of person in charge,

emergency response plans

EM12 Regs 35 –

41

Level 3 emergency

management requirements:

secondary containment

EM13 Reg 42 Level 3 emergency

management requirements:

signage

Hazardous Substances (Tracking) Regulations 2001

Code Regulation Description Variation

TR1 Regs 4(1), 5, 6 General tracking requirements This control has been varied so that it does not

apply after the point of retail sale as provided by

section 77(4)(b).

Additional controls

Code Regulation Description Variation

DOCUMENTATION 77A Additional documentation

requirements are specified for

this substance.

The following information be provided with

this substance, an approach that is

consistent with the approval for the

reference substance:

an information sheet providing

guidelines on the application, use

and removal of antifoulants in a

manner that reduces the risks to

the environment

an 0800 helpline number should be

available at all times for boat

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owners to obtain relevant

information with respect to

environmental management

relating to the application, use and

removal of antifoulants.

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June 2013

HSR100847 AF1000

Note: This substance will cease to be approved from 1 July 2023.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones

for class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class

2.1.1, 2.1.2 and 3.1

substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations

if flammable substances are

present

F14 Reg 81 Test certification requirements

for facilities where class 2.1.1,

2.1.2 or 3.1 substances are

present

F16 Reg 83 Controls on transit depots

where flammable substances

are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting

of TELs

TELs have been set for the following components as

relevant for each of the ranges:

Thiram TELAIR of 0.002 mg/m3

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June 2013

Xylene TELAIR of 0.87 mg/m3, and

TELWATER of 0.6 mg/L

T2 Regs 29, 30 Controlling exposure in places

of work through the setting of

WESs.

Labour group’s WESs have been adopted for specific

components as relevant for each of the ranges: All are

WES-TWAs except for n-butanol which is a WES-

Ceiling.

Copper mists and dusts 1 mg/m3

n-butanol 150 mg/m3

(50 ppm)

xylene 217 mg/m3

(50 ppm)

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous Substances

(Classes 6, 8, and 9 Controls) Regulations 2001

should be replaced by the following:

(1) Any person who handles the substance must use

protective clothing or equipment that is designed,

constructed, and operated to ensure that the

person—

(a) does not come into contact with or inhale,

the substance; and

(b) is not exposed to a concentration of the

substance that exceeds the workplace

exposure standard (WES) for that

substance, if a WES for that substance

exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances

on passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting

of EELs

The following EELWATER values have been

proposed:

Component Proposed EELWATER

(mg/L) (µg/L)

Copper

freshwater

0.0014

1.4

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marine 0.0013 1.3

Zinc

freshwater

marine

0.008

0.015

8

15

The requirement to set EELSEDIMENT values has

been deleted as provided by section 77 (4)(b)

E5 Regs 5(2), 6 Requirements for keeping

records of use

E6 Reg 7 Requirements for equipment

used to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32

– 35, 36(1) –

(7)

Identification requirements,

duties of persons in charge,

accessibility, comprehensibility,

clarity and durability

I2 Reg 8 Priority identifiers for corrosive

substances

This control comes into effect on 1 January 2014.

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for

flammable substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for

corrosive substances

This control comes into effect on 1 January 2014.

I11 Reg 20 Secondary identifiers for

ecotoxic substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

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I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including

situations where substances

are in multiple packaging

I20 Reg 36(8) Durability of information for

class 6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is replaced by

Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is replaced by

Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is replaced by

Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic

substances

Note: From 1 January 2014 this control is replaced by

Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6,

7(1), 8

General packaging

requirements

P3 Reg 9 Criteria that allow substances

to be packaged to a standard

not meeting Packing Group I, II

or III criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for

toxic substances

P14 Reg 20 Packaging requirements for

corrosive substances

This control comes into effect on 1 January 2014.

P15 Reg 21 Packaging requirements for

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June 2013

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG2 Schedule 2 Packaging requirements

equivalent to UN Packing

Group II

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for

ecotoxic substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in

charge

D8 Regs 13, 14 Documentation requirements

for manufacturers, importers

and suppliers, and persons in

charge

Note: From 1 January 2014 this control is replaced by

Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information

requirements for suppliers and

persons in charge

EM2 8(a) Information requirements for

corrosive substances

This control comes into effect on 1 January 2014.

EM4 Reg 8(c) Information requirements for

flammable substances

EM6 Reg 8(e) Information requirements for

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toxic substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information

requirements for suppliers and

persons in charge

Note: From 1 January 2014 this control is replaced by

Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable

and oxidising substances and

organic peroxides

Note: From 1 January 2014 this control is replaced by

Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency

management requirements:

duties of person in charge,

emergency response plans

EM12 Regs 35 – 41 Level 3 emergency

management requirements:

secondary containment

The following subclauses are added after subclause

(3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this substance is

contained in pipework that is installed and

operated so as to manage any loss of

containment in the pipework it—

(a) is not to be taken into account in

determining whether a place is required to

have a secondary containment system; and

(b) is not required to be located in a secondary

containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary container;

and

(ii) is used to transfer a hazardous

substance into or out of the stationary

container; and

(b) includes a process pipeline or a transfer

line.

EM13 Reg 42 Level 3 emergency

management requirements:

signage

Hazardous Substances (Tracking) Regulations 2001

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June 2013

Code Regulation Description Variation

TR1 Regs 4(1), 5, 6 General tracking requirements This control has been varied so that it does not

apply after the point of retail sale as provided by

section 77(4)(b).

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and Schedule

Toxic Substances) Transfer Notice 2004,

available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended ignition

of flammable substances, as set out

in Schedules 8, 9 and 10 of the

Hazardous Substances (Dangerous

Goods and Scheduled Toxic

Substances) Transfer Notice 2004

(Supplement to the New Zealand

Gazette, 26 March 2004, No. 35,

page 767), as amended, shall apply

to this substance, notwithstanding

clause 1(1) of Schedules 8 and 9

and clause 1 of Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and Schedule

Toxic Substances) Transfer Notice 2004,

available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended ignition

of flammable substances, as set out

in Schedules 8, 9 and 10 of the

Hazardous Substances (Dangerous

Goods and Scheduled Toxic

Substances) Transfer Notice 2004

(Supplement to the New Zealand

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June 2013

Gazette, 26 March 2004, No. 35,

page 767), as amended, shall apply

to this substance, notwithstanding

clause 1(1) of Schedules 8 and 9

and clause 1 of Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of class

2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and Schedule

Toxic Substances) Transfer Notice 2004,

available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended ignition

of flammable substances, as set out

in Schedules 8, 9 and 10 of the

Hazardous Substances (Dangerous

Goods and Scheduled Toxic

Substances) Transfer Notice 2004

(Supplement to the New Zealand

Gazette, 26 March 2004, No. 35,

page 767), as amended, shall apply

to this substance, notwithstanding

clause 1(1) of Schedules 8 and 9

and clause 1 of Schedule 10.

Additional controls

Code Regulation Description Variation

DOCUMENTATION 77A

Additional documentation

requirements are specified for

this substance.

The following information be provided with

this substance, an approach that is

consistent with the approval for the

reference substance:

an information sheet providing

guidelines on the application, use

and removal of antifoulants in a

manner that reduces the risks to

the environment

an 0800 helpline number should be

available at all times for boat

owners to obtain relevant

information with respect to

environmental management

relating to the application, use and

removal of antifoulants.

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HSR000928 – Antifouling paint containing 750 g/L cuprous oxide, 50 g/L thiram and 260 g/L zinc oxide

Note: This substance will cease to be approved from 1 July 2023.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

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WESs. Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

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of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

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packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

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(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

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Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

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HSR100848 Reduced Copper Antifouling Range (Range C)

Note: This substance will cease to be approved from 1 July 2023.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No TELs are set forany components of this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

A WES value has been set for a component of

this substance, consistent with the value listed in

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WESs. the Labour Group’s document entitled

Workplace Exposure Standards and Biological

Exposure Indices (Feb 2013):

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

No EELs are set for Hempel’s Antifouling

Olympic 86901 colour range at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 – Identification requirements, duties

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35, 36(1) – (7) of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

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June 2013

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 Packaging requirements as

specified in Schedule 4

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

Trigger quantity is any amount

D8 Regs 13, 14 Documentation requirements for Note: From 1 January 2014 this control is

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June 2013

manufacturers, importers and

suppliers, and persons in charge

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

The controls relating to stationary

container systems, secondary

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of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

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HSR000952 – Alloy C Antifouling Range

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

The following WES are set:

Component A8: WES-TWA: 1 mg/m3

Component S1: WES-TWA: 525 mg/m3 (100

ppm)

T3 Regs 5(1), 6 Requirements for keeping records

of use

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T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

The following EELs are set:

Alloy C Antifouling Range only

Component A2 EEL water: 0.00006 mg/L

For both Alloy B Antifouling and Alloy C

Antifouling Ranges

Component A8 EEL freshwater: 0.0014 mg/L

Component A8 EEL marine: 0.0013 mg/L

Component E2 EEL freshwater: 0.008 mg/L

Component E2 EEL marine: 0.015 mg/L

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

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to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 Packaging requirements as

specified in Schedule 4

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

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D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

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containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

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Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Additional controls

Code Regulation Description Variation

Use 77A A restriction has been placed on

the use of the substance.

This substance shall only be used as an

antifouling paint.

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HSR000103 – Optima Activator (Black)

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T3 Regs 5(1), 6 Requirements for keeping records

of use

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

The following EELs are set for zinc pyrithione:

EEL freshwater 0.008 mg/L (8 µg/L)

EEL marine 0.015 mg/L (15 µg/L)

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

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Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

I3 Reg 9 Priority identifiers for ecotoxic

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I22 Reg 40 Specific documentation

requirements for corrosive

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation Note: From 1 January 2014 this control is

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requirements for toxic substances replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

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D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 Reg 8(a) Information requirements for

corrosive substances

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

EM13 Reg 42 Level 3 emergency management

requirements: signage

Additional controls

Code Regulation Description Variation

Use 77A A restriction has been placed on

the use of the substance.

The following information shall be provided

with this product:

· an information sheet providing information on

the management of risks during the

application, use and removal of antifoulants,

as described in the ANZECC Code of Practice

for Antifouling and In-water Hull Cleaning and

Maintenance

an 0800 helpline number, available for boat

owners to obtain relevant information with

respect to environmental management relating

to the application, use and removal of

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June 2013

antifoulants,

Label 77A Additional label information has

been specified.

Optima shall not be applied by spraying,

(section 77A(3)(a)). This control shall be

implemented by a statement on the label.

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June 2013

HSR000104 – Optima Activator (Blue)

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T3 Regs 5(1), 6 Requirements for keeping records

of use

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

The following EELs are set for zinc pyrithione:

EEL freshwater 0.008 mg/L (8 µg/L)

EEL marine 0.015 mg/L (15 µg/L)

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

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Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

I3 Reg 9 Priority identifiers for ecotoxic

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I22 Reg 40 Specific documentation

requirements for corrosive

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

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I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 Reg 8(a) Information requirements for

corrosive substances

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

EM13 Reg 42 Level 3 emergency management

requirements: signage

Additional controls

Code Regulation Description Variation

Use 77A A restriction has been placed on

the use of the substance.

The following information shall be provided

with Optima:

· an information sheet providing information on

the management of risks during the

application, use and removal of antifoulants,

as described in the ANZECC Code of Practice

for Antifouling and In-water Hull Cleaning and

Maintenance

an 0800 helpline number, available for boat

owners to obtain relevant information with

respect to environmental management relating

to the application, use and removal of

antifoulants.

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Label 77A Additional label information has

been specified.

Optima shall not be applied by spraying. This

control shall be implemented by a statement

on the label.

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June 2013

HSR000105 – Optima Activator (Red)

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T3 Regs 5(1), 6 Requirements for keeping records

of use

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

The following EELs are set for zinc pyrithione:

EEL freshwater 0.008 mg/L (8 µg/L)

EEL marine 0.015 mg/L (15 µg/L)

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

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Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

I3 Reg 9 Priority identifiers for ecotoxic

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I22 Reg 40 Specific documentation

requirements for corrosive

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

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June 2013

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 Reg 8(a) Information requirements for

corrosive substances

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

EM13 Reg 42 Level 3 emergency management

requirements: signage

Additional controls

Code Regulation Description Variation

Use 77A A restriction has been placed on

the use of the substance.

The following information shall be provided

with Optima:

· an information sheet providing information on

the management of risks during the

application, use and removal of antifoulants,

as described in the ANZECC Code of Practice

for Antifouling and In-water Hull Cleaning and

Maintenance

an 0800 helpline number, available for boat

owners to obtain relevant information with

respect to environmental management relating

to the application, use and removal of

antifoulants.

Label 77A Additional label information has

been specified.

Optima shall not be applied by spraying. This

control shall be implemented by a statement

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June 2013

on the label.

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HSR000106 – Optima Activator (White)

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T3 Regs 5(1), 6 Requirements for keeping records

of use

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

The following EELs are set for zinc pyrithione:

EEL freshwater 0.008 mg/L (8 µg/L)

EEL marine 0.015 mg/L (15 µg/L)

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

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Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

I3 Reg 9 Priority identifiers for ecotoxic

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I22 Reg 40 Specific documentation

requirements for corrosive

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

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I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 Reg 8(a) Information requirements for

corrosive substances

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

EM13 Reg 42 Level 3 emergency management

requirements: signage

Additional controls

Code Regulation Description Variation

Use 77A A restriction has been placed on

the use of the substance.

The following information shall be provided

with Optima:

· an information sheet providing information on

the management of risks during the

application, use and removal of antifoulants,

as described in the ANZECC Code of Practice

for Antifouling and In-water Hull Cleaning and

Maintenance

an 0800 helpline number, available for boat

owners to obtain relevant information with

respect to environmental management relating

to the application, use and removal of

antifoulants.

Label 77A Additional label information has

been specified.

Optima shall not be applied by spraying. This

control shall be implemented by a statement

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on the label.

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June 2013

HSR000932 – Antifouling paint containing 640 g/L cuprous oxide and 60 g/L zinc pyrithione

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

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June 2013

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous Substances

(Classes 6, 8, and 9 Controls) Regulations

2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

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June 2013

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

This control comes into effect on 1 January

2014.

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

This control comes into effect on 1 January

2014.

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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June 2013

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

This control comes into effect on 1 January

2014.

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

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June 2013

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 8(a) Information requirements for

corrosive substances

This control comes into effect on 1 January

2014.

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

The following subclauses are added after

Page 318: Appendix E: Controls for antifouling paints

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June 2013

containment subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

Page 319: Appendix E: Controls for antifouling paints

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June 2013

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

Page 320: Appendix E: Controls for antifouling paints

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June 2013

HSR100850 Antifouling paint containing cuprous oxide and zinc pyrithione

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

Page 321: Appendix E: Controls for antifouling paints

Page 382

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous Substances

(Classes 6, 8, and 9 Controls) Regulations

2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

Page 322: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

This control comes into effect on 1 January

2014.

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

This control comes into effect on 1 January

2014.

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Page 323: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

This control comes into effect on 1 January

2014.

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

Page 324: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 8(a) Information requirements for

corrosive substances

This control comes into effect on 1 January

2014.

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

The following subclauses are added after

Page 325: Appendix E: Controls for antifouling paints

Page 386

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

containment subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

Page 326: Appendix E: Controls for antifouling paints

Page 387

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Page 327: Appendix E: Controls for antifouling paints

Page 388

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

Page 328: Appendix E: Controls for antifouling paints

Page 389

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

HSR000121 – Trilux 33 White

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

The following existing TELs apply for

Component C:

TELAIR = 0.87 mg/m3

TELWATER = 0.6 mg/L

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

The following existing HSNO WES values

apply:

Copper mists and dusts: 1 mg/m3 (TWA)

Component C: 217 mg/m3 (50

Page 329: Appendix E: Controls for antifouling paints

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

ppm) (TWA)

Component D: 525 mg/m3

(100ppm) (TWA)

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

The following existing EEL values apply:

Copper: EELfreshwater = 0.0014 mg/L

Copper: EELmarine = 0.0013 mg/L

Zinc: EELfreshwater = 0.008 mg/L

Zinc: EELmarine = 0.015 mg/L

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

Page 330: Appendix E: Controls for antifouling paints

Page 391

Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

This control comes into effect on 1 January

2014.

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

This control comes into effect on 1 January

2014.

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

This control comes into effect on 1 January

2014.

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

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D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 8(a) Information requirements for

corrosive substances

This control comes into effect on 1 January

2014.

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tracking) Regulations 2001

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Code Regulation Description Variation

TR1 Regs 4(1), 5, 6 General tracking requirements For this substance this control has been varied

so that it does not apply after the point of retail

sale.

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HSR000951 – Alloy B Antifouling Range

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

The following WES are set:

Component A8: WES-TWA: 1 mg/m3

Component S1: WES-TWA: 525 mg/m3 (100

ppm)

T3 Regs 5(1), 6 Requirements for keeping records

of use

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T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

The following EELs are set:

Alloy B Antifouling Range only

Component A4 EEL freshwater: 0.008 mg/L

Component A4 EEL marine: 0.015 mg/L

For both Alloy B Antifouling and Alloy C

Antifouling Ranges

Component A8 EEL freshwater: 0.0014 mg/L

Component A8 EEL marine: 0.0013 mg/L

Component E2 EEL freshwater: 0.008 mg/L

Component E2 EEL marine: 0.015 mg/L

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

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to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 Packaging requirements as

specified in Schedule 4

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

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D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

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containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

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Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Additional controls

Code Regulation Description Variation

Use 77A A restriction has been placed on

the use of the substance.

This substance shall only be used as an

antifouling paint.

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HSR000933 – Antifouling paint containing 648 g/L cuprous oxide and 70 g/L zineb

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

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WESs. Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous Substances

(Classes 6, 8, and 9 Controls) Regulations

2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

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of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

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D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

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containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary container;

and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

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Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

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HSR100411 – SeaForce 60

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

WES values are adopted for components N

and O of SeaForce 60.

The WES values can be identified in the

Workplace Exposure Standards and

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Biological Exposure Indices (Effective from

February 2013) document (refer to link below)

http://www.osh.govt.nz/publications/booklets/

wes-2013/wes-and-biological-indices-

2013.pdf

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the

person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration

of the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous Substances

(Classes 6, 8, and 9 Controls) Regulations

2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

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Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation Note: From 1 January 2014 this control is

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requirements for toxic substances replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 This schedule describes the

minimum packaging requirements

that must be complied with when

a substance is packaged in limited

quantities

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group

III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

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D5 Reg 9 Disposal requirements for

ecotoxic substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

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containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and Schedule

Toxic Substances) Transfer Notice 2004,

available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended ignition

of flammable substances, as set out

in Schedules 8, 9 and 10 of the

Hazardous Substances (Dangerous

Goods and Scheduled Toxic

Substances) Transfer Notice 2004

(Supplement to the New Zealand

Gazette, 26 March 2004, No. 35,

page 767), as amended, shall apply

to this substance, notwithstanding

clause 1(1) of Schedules 8 and 9 and

clause 1 of Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

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Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and Schedule

Toxic Substances) Transfer Notice 2004,

available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended ignition

of flammable substances, as set out

in Schedules 8, 9 and 10 of the

Hazardous Substances (Dangerous

Goods and Scheduled Toxic

Substances) Transfer Notice 2004

(Supplement to the New Zealand

Gazette, 26 March 2004, No. 35,

page 767), as amended, shall apply

to this substance, notwithstanding

clause 1(1) of Schedules 8 and 9 and

clause 1 of Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of class

2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and Schedule

Toxic Substances) Transfer Notice 2004,

available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended ignition

of flammable substances, as set out

in Schedules 8, 9 and 10 of the

Hazardous Substances (Dangerous

Goods and Scheduled Toxic

Substances) Transfer Notice 2004

(Supplement to the New Zealand

Gazette, 26 March 2004, No. 35,

page 767), as amended, shall apply

to this substance, notwithstanding

clause 1(1) of Schedules 8 and 9 and

clause 1 of Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

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HSR100412 – SeaForce 90

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

WES values are adopted for components Q

and R of SeaForce 90.

The WES values can be identified in the

Workplace Exposure Standards and Biological

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Exposure Indices (Effective from February

2013) document (refer to link below)

http://www.osh.govt.nz/publications/booklets/w

es-2013/wes-and-biological-indices-2013.pdf

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous Substances

(Classes 6, 8, and 9 Controls) Regulations

2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

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Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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I29 Regs 51, 52 Signage requirements

I30 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 This schedule describes the

minimum packaging requirements

that must be complied with when

a substance is packaged in limited

quantities

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group

III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for

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ecotoxic substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

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required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the

controls for stationary container

systems. The requirements of this

schedule are detailed in the

consolidated version of the

The controls relating to stationary container

systems, secondary containment and

unintended ignition of flammable substances,

as set out in Schedules 8, 9 and 10 of the

Hazardous Substances (Dangerous Goods

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Hazardous Substances

(Dangerous Goods and Schedule

Toxic Substances) Transfer

Notice 2004, available from

http://www.epa.govt.nz/Publicatio

ns/Transfer-Notice-35-2004.pdf

and Scheduled Toxic Substances) Transfer

Notice 2004 (Supplement to the New Zealand

Gazette, 26 March 2004, No. 35, page 767),

as amended, shall apply to this substance,

notwithstanding clause 1(1) of Schedules 8

and 9 and clause 1 of Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the

controls relating to secondary

containment. The requirements

of this schedule are detailed in

the consolidated version of the

Hazardous Substances

(Dangerous Goods and

Schedule Toxic Substances)

Transfer Notice 2004, available

from

http://www.epa.govt.nz/Publicatio

ns/Transfer-Notice-35-2004.pdf

The controls relating to stationary container

systems, secondary containment and

unintended ignition of flammable substances,

as set out in Schedules 8, 9 and 10 of the

Hazardous Substances (Dangerous Goods

and Scheduled Toxic Substances) Transfer

Notice 2004 (Supplement to the New Zealand

Gazette, 26 March 2004, No. 35, page 767),

as amended, shall apply to this substance,

notwithstanding clause 1(1) of Schedules 8

and 9 and clause 1 of Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the

controls for the adverse effects of

unintended ignition of class 2

and 3.1 flammable substances.

The requirements of this

schedule are detailed in the

consolidated version of the

Hazardous Substances

(Dangerous Goods and

Schedule Toxic Substances)

Transfer Notice 2004, available

from

http://www.epa.govt.nz/Publicatio

ns/Transfer-Notice-35-2004.pdf

The controls relating to stationary container

systems, secondary containment and

unintended ignition of flammable substances,

as set out in Schedules 8, 9 and 10 of the

Hazardous Substances (Dangerous Goods

and Scheduled Toxic Substances) Transfer

Notice 2004 (Supplement to the New Zealand

Gazette, 26 March 2004, No. 35, page 767),

as amended, shall apply to this substance,

notwithstanding clause 1(1) of Schedules 8

and 9 and clause 1 of Schedule 10.

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HSR000918 – Antifouling paint containing 290 g/L copper thiocyanate, 220 g/L zinc oxide and 55 g/L zineb

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T1 Regs 11 – 27 Limiting exposure to toxic

substances through the setting of

TELs

No ADE, PDE or TEL values are set for this

substance at this time.

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of

WESs.

Under regulation 29(2) of the Hazardous

Substance (Classes 6, 8, and 9 Controls)

Regulations 2001, the Authority adopts as

workplace exposure standards for this substance,

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and each component of this substance, any

applicable value or values specified in the

document described in “Workplace Exposure

Standards”, published by the Ministry of

Business, Innovation and Employment’s Labour

Group, February 2013, available at

http://www.osh.govt.nz/publications/booklets/wes-

2013/wes-and-biological-indices-2013.pdf .

T4 Reg 7 Requirements for equipment

used to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or equipment

that is designed, constructed, and operated

to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard (WES)

for that substance, if a WES for that

substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

Regulation 32 of the Hazardous Substances

(Classes 6, 8, and 9 Controls) Regulations

2001

Regulation 32 subclauses (1) and (2) are

deleted.

Explanation: The default Environmental

Exposure Limits (EEL) are deleted. No EEL is

set for this substance at this time.

E5 Regs 5(2), 6 Requirements for keeping records

of use

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E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

Note: From 1 January 2014 this control is

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substances replaced by Additional Control R-5.

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

D5 Reg 9 Disposal requirements for ecotoxic

substances

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D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

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June 2013

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

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Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Controls added under section 77A

Code Regulation Description Variation

USE 77A A use restriction is applied to this

substance.

No person may use this substance for any

purpose other than as an antifouling paint to

prevent, by the slow release of biocides, the

build up of aquatic organisms on the hulls of

vessels or other surfaces in contact with

water.

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HSR007897 – ABC #3 Antifouling

Note: This substance will cease to be approved from 1 July 2017.

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001

Code Regulation Description Variation

F1 Reg 7 General test certification

requirements for hazardous

substance locations

F2 Reg 8 Restrictions on the carriage of

flammable substances on

passenger service vehicles

F3 Reg 55 General limits on flammable

substances

F5 Regs 58, 59 Requirements regarding

hazardous atmosphere zones for

class 2.1.1, 2.1.2 and 3.1

substances

F6 Regs 60 – 70 Requirements to prevent

unintended ignition of class 2.1.1,

2.1.2 and 3.1 substances

F11 Reg 76 Segregation of incompatible

substances

F12 Regs 77 Requirement to establish a

hazardous substance locations if

flammable substances are present

F14 Reg 81 Test certification requirements for

facilities where class 2.1.1, 2.1.2

or 3.1 substances are present

F16 Reg 83 Controls on transit depots where

flammable substances are present

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

T2 Regs 29, 30 Controlling exposure in places of

work through the setting of WESs.

Labour group’s WES values are adopted as

follows:

TWA

WES

ceiling

Copper

oxide 1 mg/m

3

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Component

F

150

mg/m3

(50 ppm)

Component

G

217

mg/m3

(50 ppm)

T4 Reg 7 Requirements for equipment used

to handle substances

T5 Reg 8 Requirements for protective

clothing and equipment

Subclause (1) of Reg. 8 of the Hazardous

Substances (Classes 6, 8, and 9 Controls)

Regulations 2001 should be replaced by the

following:

(1) Any person who handles the substance

must use protective clothing or

equipment that is designed, constructed,

and operated to ensure that the person—

(a) does not come into contact with or

inhale, the substance; and

(b) is not exposed to a concentration of

the substance that exceeds the

workplace exposure standard

(WES) for that substance, if a WES

for that substance exists.

T7 Reg 10 Restrictions on the carriage of

toxic or corrosive substances on

passenger service vehicles

Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001

Code Regulation Description Variation

E1 Regs 32 – 45 Limiting exposure to ecotoxic

substances through the setting of

EELs

No EELs are set for this substance at this time

and the default EEL values are deleted.

E5 Regs 5(2), 6 Requirements for keeping records

of use

E6 Reg 7 Requirements for equipment used

to handle substances

Hazardous Substances (Identification) Regulations 2001

Code Regulation Description Variation

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I1 Regs 6, 7, 32 –

35, 36(1) – (7)

Identification requirements, duties

of persons in charge, accessibility,

comprehensibility, clarity and

durability

I2 Reg 8 Priority identifiers for corrosive

substances

I3 Reg 9 Priority identifiers for ecotoxic

substances

I5 Reg 11 Priority identifiers for flammable

substances

I8 Reg 14 Priority identifiers for toxic

substances

I9 Reg 18 Secondary identifiers for all

hazardous substances

I10 Reg 19 Secondary identifiers for corrosive

substances

I11 Reg 20 Secondary identifiers for ecotoxic

substances

I13 Reg 22 Secondary identifiers for

flammable substances

I16 Reg 25 Secondary identifiers for toxic

substances

I17 Reg 26 Use of generic names

I18 Reg 27 Requirements for using

concentration ranges

I19 Regs 29 – 31 Additional information

requirements, including situations

where substances are in multiple

packaging

I20 Reg 36(8) Durability of information for class

6.1 substances

I21 Regs 37 – 39,

47 – 50

General documentation

requirements

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I23 Reg 41 Specific documentation

requirements for ecotoxic

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I25 Reg 43 Specific documentation

requirements for flammable

substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

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June 2013

I28 Reg 46 Specific documentation

requirements for toxic substances

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

I29 Regs 51, 52 Signage requirements

I30 Reg 53 Advertising corrosive and toxic

substances

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

P1 Regs 5, 6, 7(1),

8

General packaging requirements

P3 Reg 9 Criteria that allow substances to

be packaged to a standard not

meeting Packing Group I, II or III

criteria

P5 Reg 11 Packaging requirements for

flammable liquids

P13 Reg 19 Packaging requirements for toxic

substances

P14 Reg 20 Packaging requirements for

corrosive substances

P15 Reg 21 Packaging requirements for

ecotoxic substances

PS4 Schedule 4 Packaging requirements as

specified in Schedule 4

Hazardous Substances (Packaging) Regulations 2001

Code Regulation Description Variation

PG3 Schedule 3 Packaging requirements

equivalent to UN Packing Group III

Hazardous Substances (Disposal) Regulations 2001

Code Regulation Description Variation

D2 Reg 6 Disposal requirements for

flammable substances

D4 Reg 8 Disposal requirements for toxic

and corrosive substances

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D5 Reg 9 Disposal requirements for ecotoxic

substances

D6 Reg 10 Disposal requirements for

packages

D7 Regs 11, 12 Information requirements for

manufacturers, importers and

suppliers, and persons in charge

D8 Regs 13, 14 Documentation requirements for

manufacturers, importers and

suppliers, and persons in charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

Hazardous Substances (Emergency Management) Regulations 2001

Code Regulation Description Variation

EM1 Regs 6, 7, 9 –

11

Level 1 information requirements

for suppliers and persons in

charge

EM2 Reg 8(a) Information requirements for

corrosive substances

EM6 Reg 8(e) Information requirements for toxic

substances

EM7 Reg 8(f) Information requirements for

ecotoxic substances

EM8 Regs 12 – 16,

18 – 20

Level 2 information requirements

for suppliers and persons in

charge

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM9 Reg 17 Additional information

requirements for flammable and

oxidising substances and organic

peroxides

Note: From 1 January 2014 this control is

replaced by Additional Control R-5.

EM10 Regs 21 – 24 Fire extinguisher requirements

EM11 Regs 25 – 34 Level 3 emergency management

requirements: duties of person in

charge, emergency response

plans

EM12 Regs 35 – 41 Level 3 emergency management

requirements: secondary

containment

The following subclauses are added after

subclause (3) of regulation 36:

(4) For the purposes of this regulation, and

regulations 37 to 40, where this

substance is contained in pipework that

is installed and operated so as to

manage any loss of containment in the

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Decision on the Application for reassessment of Antifouling Paints (APP201051)

June 2013

pipework it—

(a) is not to be taken into account in

determining whether a place is

required to have a secondary

containment system; and

(b) is not required to be located in a

secondary containment system.

(5) In this clause, pipework—

(a) means piping that—

(i) is connected to a stationary

container; and

(ii) is used to transfer a

hazardous substance into or

out of the stationary

container; and

(b) includes a process pipeline or a

transfer line.

EM13 Reg 42 Level 3 emergency management

requirements: signage

Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004

Code Regulation Description Variation

Tank

Wagon

Regs 4 to 43 as

applicable

Controls relating to tank wagons

and transportable containers.

Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 8 Schedule 8 This schedule prescribes the controls for

stationary container systems. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

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Schedule 10.

Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

Sch 9 Schedule 9 This schedule prescribes the controls relating

to secondary containment. The requirements

of this schedule are detailed in the

consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)

Transfer Notice 2004

Code Regulation Description Variation

GN35A Schedule 10 This schedule prescribes the controls for the

adverse effects of unintended ignition of

class 2 and 3.1 flammable substances. The

requirements of this schedule are detailed in

the consolidated version of the Hazardous

Substances (Dangerous Goods and

Schedule Toxic Substances) Transfer Notice

2004, available from

http://www.epa.govt.nz/Publications/Transfer-

Notice-35-2004.pdf

The controls relating to stationary

container systems, secondary

containment and unintended

ignition of flammable substances,

as set out in Schedules 8, 9 and 10

of the Hazardous Substances

(Dangerous Goods and Scheduled

Toxic Substances) Transfer Notice

2004 (Supplement to the New

Zealand Gazette, 26 March 2004,

No. 35, page 767), as amended,

shall apply to this substance,

notwithstanding clause 1(1) of

Schedules 8 and 9 and clause 1 of

Schedule 10.

Additional controls

Code Regulation Description Variation

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Use 77A A restriction has been placed on

the use of the substance.

This substance shall only be used as an

antifouling paint.

This substance shall not be used on structures

where food for human consumption is being

produced.