1. Controls on Ammunition and Components Under the HSNO Act COLFO ‘Cutting the Tape’ Seminar Wellington 13 October 2007 Dr Peter Dawson Principal Scientist Environmental Risk Management Authority New Zealand

2. Outline Overview of HSNO Act Classifications and Controls on Ammunition and Propellants Test certificates and test certifiers Importing explosives Contact details

3. The HSNO Act 1996 Restates and reforms the law relating to: Management of hazardous substances Decision-making on introduction of new hazardous substances (and new organisms) Establishes the Environmental Risk Management Authority (ERMA NZ)

4. HSNO Act 1996 Purpose To protect the environment and the health & safety of people & communities by preventing or managing the adverse effects of hazardous substances & new organisms ‘Cradle to Grave’ approach setting controls on how substances are classified, contained, labeled, stored, used, transported or disposed of Hazardous Substances + New Organisms

5. Legislation Replaced The HSNO Act repealed and replaced –Dangerous Goods Act 1974 –Toxic Substances Act 1979 –Explosives Act 1957 –Pesticides Act 1979 –Plus amendments to other legislation

6. Agencies Replaced Toxic Substances Board - Ministry of Health Pesticides Board - Ministry of Agriculture Dangerous Goods Inspectorate - Department of Labour Explosives Inspectorate - Department of Labour Replaced largely by ERMA New Zealand

7. HSNO Act All hazardous substances in all sectors (except transport) regulated in NZ by –Hazardous Substances & New Organisms Act 1996 –Transport regulations based on UNRTDG, IMDG, ICAO Law commenced 2 July 2001 for haz subs Transitional Arrangements in place until transfer of existing substances undertaken (finally expired July 2006) –Existing regulations under Explosives Act, Dangerous Goods Act, Toxic Substances Act, Pesticides Act retained until substances transferred

8. HSNO Act Hazardous Substances (July 2001) New Organisms (July 1998) Previous Approvals Existing Hazardous Substances Substances controlled under old legislation Need to be transferred to the framework of the HSNO Act = TRANSFER PROJECT New organisms New Hazardous Substances APPLICATION FOR APPROVAL PROCESS Applies now for New Organisms Applies now for New Hazardous Substances

9. ExplosivesPesticides Scheduled Toxic Substances 400 600 1500 400 TRANSFER PROJECT OVERVIEW Non - Assessed Substances (NOTS) Assessed Substances 4900 210,000 Single Chemicals Chemical Mixtures Formulated/ Manufactured Products Generic Notifications Assessed Substances “Small-scale use” (s33) Substances Non-hazardous Substances Licensed Animal Remedies 2000 Dangerous Goods

10. Existing substances – transfer project Substances transferred –Explosives - August 2003 –Dangerous Goods, Scheduled Toxic Substances - April 2004 –Pesticides - July 2004 –Vertebrate poisons (except 1080) - Nov 2004 –Fumigants - November 2004 –Storage & Disposal of Persistent Organic Pollutants – Dec 2004 –Timber Preservatives, Antisapstains and Antifouling Paints – Jan 2005 –1080 - July 2005 –Veterinary Medicines – July 2005 –Pesticides & Veterinary Medicine Actives – June 2006 –Remainder of chemicals (around 5,000) – July 2006 –Industrial/commercial/domestic products (around 100,000 by 200 Group Standards) – July 2006

11. Hazard Classification under HSNO HSNO (Minimum Degrees of Hazard) Regulations 2001 –Define regulatory thresholds for hazardous properties Hazardous Substances (Classification) Regulations 2001 –Classification framework based on UN GHS categories (for explosives this is same as UNRTDG categories) http://www.legislation.govt.nz Covers the six GHS hazardous properties All hazards currently classified (for the most part) as per GHS in May 2001 –revision to align with GHS 2007 underway

12. Physical Hazard Classifications

13. HSNO Regulatory “Toolbox” Hazardous substances Threshold Classification Explosive Flammable Oxidising Corrosive Toxic Ecotoxic Required information (Haz. Subst.) Property performance requirements Lifecycle performance requirements Small scale exempt Laboratories Enforcement officer, test certifier competencies Fireworks for public sale HSNO Act & Regulations Explosive Flammable Oxidising Toxic incl bio corrosives Ecotoxic Disposal Identification Packaging Emergency preparedness Tracking Competency Compressed gas containers Bulk containers (fixed and moveable)

14. Regulations Minimum Degrees of Hazard Regulations 2001 Classification Regulations 2001 Class 1 to 5 Controls Regulations 2001 Class 6, 8 & 9 Controls Regulations 2001 Packaging Regulations 2001 Identification Regulations 2001 Emergency Management Regulations 2001 Disposal Regulations 2001 Tracking Regulations 2001 Personnel Qualifications Regulations 2001 Fireworks, Safety Ammunition & Other Explosives Transfer Regulations 2003

15. Classification of Ammunition and Components Fireworks, Safety Ammunition & Other Explosives Transfer Regulations 2003 –Schedule 2 Safety Ammunition Safety ammunition – classification 1.4S UN0012 (centre or rimfire primer, calibre up to 19.1mm, incl all shotgun) Blank ammunition – classification 1.4S UN0014 Primers, cap type – classification 1.4S UN0044 Cartridge cases (empty) with primer – classification 1.4S UN0055

16. Classification of Ammunition and Components Fireworks, Safety Ammunition & Other Explosives Transfer Regulations 2003 –Schedule 3 Other Explosives Black powder – classification 1.1D UN0027 Smokeless powder (single base) – classification 1.3C (1.1C in quantities > 500 kg) UN0161/160 Smokeless powder (double base) – classification 1.3C (1.1C in quantities > 500 kg) UN0161/160 Smokeless powder (triple base) – classification 1.3C (1.1C in quantities > 500 kg) UN0161/160 Propellants, solid – classification 1.3C UN0499 (eg. Hodgdon Pyrodex)

17. Explosive Property Controls [Classes 1 to 5 Controls] Avoid likelihood of unintended initiation/ ignition Limit the level of adverse effects in the event of intended or unintended initiation/ignition Objectives achieved by controls on –Containers for securing explosives –Management of locations and operations –Intended detonation –Transfer and transportation of explosives –Test Certificates for locations and personnel (approved handlers)

18. Explosive Property Controls [Classes 1 to 5 Controls] Approved handlers –Safety ammunition, blank ammunition, primers, pre-primed empty cartridges are Exempt (in all quantities) –Propellant powders, incl gunpowder Required, before the point of sale to the public, for 50 kg and over Required, after the point of sale to the public, for 15 kg and over Powders may be ‘handled’ by a person who is not an approved handler if an approved handler: –is present at the location –has provided guidance –is available to provide assistance…at all times…whilst the substance is being handled

19. Explosive Property Controls [Classes 1 to 5 Controls] Storage –Containers for securing explosives Ammunition and primers only required to be secured Propellant powders (incl gunpowder) –15kg and under, when not for sale – ‘lock & key’ only, provided that container is located separate from any dwelling –Over 15kg, when not for sale – ‘magazine’ (regs 23 - 25 – test certificates required) – eg. converted freight container (AS2187.1) –When held for sale, 50kg and under – ‘readily moveable container (portable magazine) (regs 23 - 25 – test certificate required) AS2187.1 –When held for sale, over 50kg – ‘magazine’ (regs 23 - 25 – test certificates required) – eg. converted freight container (AS2187.1)

20. Explosive Property Controls [Classes 1 to 5 Controls] Storage Similar provisions applied under the previous Explosives Act –Up to 15kg of gunpowder or any nitro compound, ‘adapted and intended exclusively for use in cartridges for small arms’, could be stored for private use only and not for sale –Had to be stored ‘in a building at a safe distance from a dwelling house, and, when not in use, had to be kept securely locked and ‘the explosive secure from danger of accident by fire or explosion’. –Other than above, a licence to store explosives was required

21. Explosive Property Controls [Classes 1 to 5 Controls] Management of Locations –Hazardous substance location Propellant powders – 15kg and over Safety ammunition, pre-primed cartridges and primers – 10,000kg (gross weight) and over Notification to enforcement officer of establishment Ensure approved handler available Storage meets prescribed requirements Controls to reduce likelihood of unintended initiation in place (eg controls on heat and fire ignition sources) Test certified –Not required for safety ammunition, primed cartridges, primers –Propellant powders – over 100kg –Gunpowder – over 50kg Establishment of controlled zone

22. Tracking Regulations Location and movement recorded at each stage of lifecycle (eg.sales and use) May only transfer if: –To an Approved Handler –To an certified location (for storage) Tracking is not required for: –safety ammunition, pre-primed cartridges and primers –propellant powders, < 15kg, beyond the point of sale to the public

23. Import Certificates Import certificate required for each shipment – issued by ERMA NZ to allow Customs clearance –Quantity –Port of entry –Place of storage –Date of arrival Certifies that explosive has an approval under HSNO Act Not required for safety ammunition, pre-primed cartridges and primers

24. Enforcement Officers Self Responsibility Approved Codes of Practice Test Certification Controls HSNO Act Methodology Regulations Test Certifiers Industry Standards & Guidelines The Compliance System Voluntary Mandatory

25. Implementation of controls Via adoption of Codes of Practice Codes will detail acceptable means of meeting performance requirements ERMA can issue, amend, approve and revoke Codes of Practice Codes can be existing documents, such as standards, other COPs (OSH), industry codes

26. Test certificates and test certifiers Test certificates for certain facilities (magazines, locations) and competent handlers Test certificates must be obtained from an approved Test Certifier ERMA maintains a register of approved Test Certifiers Approval relates to specific test certification functions

27. Test Certifiers Who are they? See ERMA New Zealand website www.ermanz.govt.nz/search/tc.html Contact ERMA New Zealand David Querido Email: david.querido@ermanz.govt.nz Tel: 04 918 4838david.querido@ermanz.govt.nz

29. Importing Explosives www.ermanz.govt.nz/hs/compliance/explosives/import.html www.ermanz.govt.nz/hs/compliance/explosives/import.html

30. HSNO Import Certificate www.ermanz.govt.nz/resources/publications/ word/import-certif.docwww.ermanz.govt.nz/resources/publications/ word/import-certif.doc Complete details Send to ERMA New Zealand (fee: $100 + GST) ERMA New Zealand certifies that explosives are approved Contact: Sarah Gauden-Ing Ph: 04 9184 854 explosives@ermanz.govt.nz

31. Not sure if explosive approved? Hazardous Substance (Fireworks, Safety Ammunition, and other Explosive Transfer) Regulations 2003 (www.legislation.govt.nz)www.legislation.govt.nz Status of Substance request to ERMA www.ermanz.govt.nz/hs/applications/status-of- substance.htmlwww.ermanz.govt.nz/hs/applications/status-of- substance.html Form: HS6A Fee: $100 + GST sos@ermanz.govt.nz

32. New Explosive Application for approval from ERMA New Zealand –Full approval –Rapid assessment www.ermanz.govt.nz/hs/applications/index.html Propellants and ammunition and components have been approved generically so unlikely new approvals would be necessary

33. How to contact us explosives@ermanz.govt.nz Tel: 0800 376234 www.ermanz.govt.nzexplosives@ermanz.govt.nz www.ermanz.govt.nz