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Schedule 4 Enactments amended

Schedule 4
Enactments amended
Section 149
Enactment
Amendment
1952, No 49—The Shipping and Seaman Act 1952 (RS Vol 4, p 275)
By inserting, after subsection (3) of section 298 (as substituted by section 14 of the Shipping and Seamen Amendment Act 1987), the following subsection:
“(3A)
The Minister, before recommending the making of any regulations relating to dangerous goods, shall consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 about the contents of any such regulations, and shall take into account any submissions made by that Authority.”
1956, No 65—The Health Act 1956 (RS Vol 31, p 467)
By adding to section 122 the following subsection:
“(6)
The Minister, before recommending the making of any regulations under section 117 or section 119 of this Act relating to hazardous substances (as defined in section 2 of the Hazardous Substances and New Organisms Act 1996), shall consult with the Environmental Risk Management Authority established under that Act about the contents of any such regulations, and shall take into account any submissions made by the Authority.”
1960, No 33—The Fertilisers Act 1960
By repealing the definition of the term “Agricultural chemical” in section 2(1).
By inserting in section 2(1), after the definition of the term “Analyst”, the following definition:
Authority means the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996:”.
By inserting in section 2(1), after the definition of the term “Percentage”, the following definition:
Pesticide has the same meaning as in Part XII of the Hazardous Substances and New Organisms Act 1996:”.
By omitting, from section 8(e),—
(a)
The words “Agricultural Chemicals Board”, and substituting the word “Authority”; and
(b)
The words “agricultural chemical”, and substituting the word “pesticide”.
By omitting, from section 9(c),—
(a)
The words “Agricultural Chemicals Board”, and substituting the word “Authority”, and
(b)
The words “agricultural chemical”, and substituting the word “pesticide”.
By repealing section 11.
By omitting, from section 14(5), the words “agricultural chemical”, and substituting the word “pesticide”.
By omitting, from section 14(6), the words “agricultural chemical”, and substituting the word “pesticide”.
By omitting, from section 19, the words “agricultural chemical”, and substituting the word “pesticide”.
By omitting, from section 20(1), the words “agricultural chemical”, and substituting the word “pesticide”.
By omitting, from section 20(2)(aa), the words “agricultural chemical”, and substituting the word “pesticide”.
By omitting, from section 20(2)(c), the words “agricultural chemical”, and substituting the word “pesticide”.
By omitting, from section 20, subsection (3).
1962, No 135—The Transport Act 1962 (RS Vol 16, p 659)
By repealing the definition of the term “explosive” in section 2 (as substituted by section 2(1) of the Transport Amendment Act 1972), and substituting the following definition:
Explosive means any hazardous substance (as defined in section 2 of the Hazardous Substances and New Organisms Act 1996) with explosive properties:”.
By repealing the definition of the term “flammable liquid” in section 2 (as inserted by section 2(2) of the Transport Amendment Act 1987), and substituting the following definition:
Flammable liquid means any hazardous substance (as defined in section 2 of the Hazardous Substances and New Organisms Act 1996) in liquid form with flammable properties; and includes motor spirits:”.
By inserting in section 79 (as substituted by section 20(1) of the Transport Amendment Act 1989), after subsection (4A) (as inserted by section 35(1) of the Land Transport Act 1993), the following subsections:
“(4B)
No person may issue any certificate of fitness or approve any alternative certification system for any vehicle designed to carry any hazardous substance (as defined in section 2 of the Hazardous Substances and New Organisms Act 1996) unless there is in force in respect of that vehicle a test certificate for the carriage of hazardous goods current for a time no less than the time that the certificate of fitness or approval will remain in force.
“(4C)
In subsection (4B) of this section, a test certificate for the carriage of hazardous goods means a test certificate issued in accordance with regulations in force under the Hazardous Substances and New Organisms Act 1996 certifying that a vehicle designed to carry a hazardous substance is fit for that purpose.”
By adding to section 199 the following subsections:
“(8)
The Minister, before recommending the making of any regulations under this section, shall consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 about the contents of any such regulations which relate to the transportation of hazardous substances or new organisms, and shall take into account any submissions made by that Authority.
“(9)
In subsection (8) of this section, hazardous substances and new organisms shall have the same meanings as in section 2 of the Hazardous Substances and New Organisms Act 1996.”
1965, No 23—The Radiation Protection Act 1965 (RS Vol 18, p 673)
By inserting in section 12, after subsection (2), the following subsection:
“(2A)
Written notice of any conditions imposed in accordance with subsection (2) of this section on any radioactive material which is also a hazardous substance (as defined in section 2 of the Hazardous Substances and New Organisms Act 1996) shall be given to the Environmental Risk Management Authority established under that Act.”
1967, No 51—The Animal Remedies Act 1967 (RS Vol 21, p 11)
By omitting from section 21(2)(d) the words “public health”.
By repealing section 36(1)(h).
By adding to section 37 the following subsection:
“(3)
Nothing in this section shall apply to any animal remedy which is also a hazardous substance as defined in section 2 of the Hazardous Substances and New Organisms Act 1996.”
By adding to section 65 the following subsection:
“(2)
The Minister, before recommending the making of any regulations under paragraph (ma) or paragraph (o) of subsection (1) of this section in respect of any biochemical substance or animal remedy which is also a hazardous substance or new organism (as defined in section 2 of the Hazardous Substances and New Organisms Act 1996), shall consult with the Environmental Risk Management Authority established under that Act about the contents of any such regulations, and shall take into account any submissions made by that Authority.”
By inserting in section 66, after the words “Animals Act 1967”, the words “the Hazardous Substances and New Organisms Act 1996,”.
1975, No 9—The Ombudsmen Act 1975 (RS Vol 21, p 657)
By omitting from Part 2 of Schedule 1 (as amended by section 362 of the Resource Management Act 1991) the words “The Hazards Control Commission”.
By omitting from Part 2 of Schedule 1 (as amended by section 24(4) of the Official Information Amendment Act 1987) the words “The Pesticides Board”.
1975, No 42—The Fire Service Act 1975 (RS Vol 27, p 11)
By repealing the definition of the term “hazardous substance” in section 2, and substituting the following definition:
 
Hazardous substance means—
 
(a) Any hazardous substance as defined in section 2 of the Hazardous Substances and New Organisms Act 1996; and
 
(b) Any infectious or radioactive substance that may impair human, animal, or plant health:”.
 
By inserting in section 21(1), after the words “Building Research Association of New Zealand”, the words “the Environmental Risk Management Authority,”:
By inserting in section 21(4), after the expression “subsection (3) of this section,”, the expression “but subject to subsection (5) of this section,”.
By adding, to section 21, the following subsection:
“(5)
The Commission, before making any recommendation under subsection (4) of this section that relates to a hazardous substance, shall consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 about the contents of such recommendation.”
By omitting from section 28(3B) (as enacted by section 21(1) of the Fire Service Amendment Act 1990) the words “Inspector of Dangerous Goods under the Dangerous Goods Act 1974 and an officer under the Toxic Substances Act 1979”, and substituting the words “enforcement officer under the Hazardous Substances and New Organisms Act 1996”.
By omitting from the said section 28(3B) (as so enacted) the words “Inspector of Dangerous Goods or an officer under the Toxic Substances Act 1979”, and substituting the words “such an enforcement officer”.
By omitting item 15 in Schedule 3 (as substituted by section 34(3) of the Fire Service Amendment Act 1990), and substituting the following item:
“15
“Any hazardous substance (as defined in section 2 of the Hazardous Substances and New Organisms Act 1996):”.
1975, No 116—The Misuse of Drugs Act 1975 (RS Vol 26, p 567)
By repealing section 38.
1981, No 45—The Food Act 1981
By inserting in section 42, after subsection (2), the following subsection:
“(2A)
The Minister, before recommending the making of any regulation under subsection (1) of this section or before giving notice in the Gazette in accordance with subsection (2) of this section, shall consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 about the contents of any such regulations or notice relating to the appearance in food of any substance with toxic properties.”
1981, No 118—The Medicines Act 1981
By inserting in section 20, after subsection (6), the following subsection:
“(6A)
The Minister, after having given consent or provisional consent to the distribution of any medicine in accordance with this Act, shall give written notification to the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 of the consent or provisional consent and any condition attached to that consent.”
By repealing section 110, and substituting the following section:
“110
Relationship with Hazardous Substances and New Organisms Act 1996
“(1)
Subject to subsection (2) of this section, nothing in this Act shall affect or derogate from the Hazardous Substances and New Organisms Act 1996.
“(2)
In the event of any inconsistency between the provisions of the Hazardous Substances and New Organisms Act 1996 and the provisions of this Act, or between the provisions of any regulations made under that Act and the provisions of any regulations made under this Act, in the case of a medicine that is also a hazardous substance within the meaning of that Act, the provisions of this Act and of the regulations made under this Act shall prevail.”
1982, No 134—The Fertilisers Act 1982
By inserting in section 2, after the definition of the term “Analyst”, the following definition:
Authority means the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996:”.
By repealing the definition of the term “pesticide” in section 2, and substituting the following definition:
Pesticide has the same meaning as in Part XII of the Hazardous Substances and New Organisms Act 1996:”.
By repealing the definition of the term “Pesticides Board” in section 2.
By omitting from section 5(1)(c) the words “Pesticides Board”, and substituting the word “Authority”.
By omitting from section 6(1)(b) the words “Pesticides Board”, and substituting the word “Authority”.
1982, No 156—The Official Information Act 1982 (RS Vol 21, p 579)
By omitting from Schedule 1 (as amended by section 362 of the Resource Management Act 1991) the words “Hazards Control Commission”.
1983, No 14—The Fisheries Act 1983 (RS Vol 27, p 137)
By repealing section 98 (as substituted by section 27(1) of the Fisheries Amendment Act 1986), and substituting the following section:
“98
Using hazardous substances to catch or destroy fish
“(1)
Every person commits an offence who, for the purpose of taking or destroying any fish, uses in any water any hazardous substance, narcotic substance, or any electric fishing device.
“(2)
Subsection (1) of this section shall not apply to actions taken by a Fishery Officer or any other person authorised in writing by the Director-General.
“(3)
In this section, the term hazardous substance has the same meaning as in section 2 of the Hazardous Substances and New Organisms Act 1996.”
1983, No 44—The Arms Act 1983
By repealing paragraph (d) of the definition of the term “explosive” in section 2, and substituting the following paragraph:
“(d)
Does not include any firework as defined in section 2 of the Hazardous Substances and New Organisms Act 1996:”.
1986, No 127—The Environment Act 1986
By repealing the definition of the term “hazardous substance” (as substituted by section 362 of the Resource Management Act 1991), and substituting the following definition:
Hazardous substance means any substance which may impair human, plant, or animal health or may adversely affect the health or safety of any person or the environment, whether or not contained in or forming part of any other substance or thing:”.
By inserting in the Schedule, in its appropriate alphabetical order, the following item:
“The Hazardous Substances and New Organisms Act 1996.”
1987, No 65—The Conservation Act 1987
By repealing section 26ZR (as inserted by section 17 of the Conservation Law Reform Act 1990), and substituting the following section:
“26ZR
Using hazardous substances to catch or destroy fish
“(1)
Every person commits an offence who, for the purpose of taking or destroying any freshwater fish, uses in any water any hazardous substance, narcotic substance, or any electric fishing device.
“(2)
Subsection (1) of this section shall not apply to actions taken by a warranted officer or any person authorised in writing by the Director-General.
“(3)
In this section, the term hazardous substance has the same meaning as in section 2 of the Hazardous Substances and New Organisms Act 1996.”
1987, No 96—The Transport Amendment Act 1987
By repealing section 2(2).
1990, No 28—The Defence Act 1990
By repealing section 101(1)(e), and substituting the following paragraph:
“(e)
Controlling the packing, marking, handling, carriage, storage, and use in defence areas of hazardous substances as defined in section 2 of the Hazardous Substances and New Organisms Act 1996:”.
By repealing section 39.
1990, No 98—The Civil Aviation Act 1990
By adding to section 34(1)(c) the word “; and”.
By adding to section 34(1) the following paragraph:
“(d)
Consult with the Environmental Risk Management Authority, established under the Hazardous Substances and New Organisms Act 1996, about the contents of any rules which relate to the transportation of hazardous substances as defined in section 2 of that Act.”
By repealing section 34(3).
1991, No 69—The Resource Management Act 1991 (RS Vol 32, p 131)
By repealing section 1(3).
By inserting, after the definition of the term “Government road” in section 2(1), the following definition:
Hazardous substance includes, but is not limited to, any substance defined in section 2 of the Hazardous Substances and New Organisms Act 1996 as a hazardous substance:”.
                                                                            
By repealing Part 13 (sections 344 to 351).
By repealing Schedule 5.
By repealing so much of Part 1 of Schedule 8 as relates to the Ombudsmen Act 1975, the Official Information Act 1982, and the definition of the term “hazardous substance” in section 2 of the Environment Act 1986.
1991, No 150—The Building Act 1991
 
By adding to section 20(12) the words “, including the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996”.
By adding to section 21 the following subsection:
“(3)
The Minister, before recommending the making of any regulations relating to hazardous substances or new organisms, shall consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 about the contents of such regulations, and shall take into account any submissions made by that Authority.”
1992, No 124—The Gas Act 1992
By adding to section 37 the following subsection:
“(4)
The Secretary may issue any code of practice, issued in accordance with the Hazardous Substances and New Organisms Act 1996, as a gas code of practice under this Act.”
By adding to section 54 the following subsection:
“(6)
The Minister, before recommending the making of any regulations under this section, shall consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 about the contents of such regulations and shall take into account any submissions made by that Authority.”
1993, No 88—The Land Transport Act 1993
By adding to section 10(1)(c) the word “; and”.
By adding to section 10(1) the following paragraph:
“(d)
Consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 about the contents of any rules relating to the transportation of hazardous substances (as defined in section 2 of that Act), and take into account any submissions made by that Authority.”
1993, No 95—The Biosecurity Act 1993
 

History Note - Statutes of New Zealand

An item relating to the Biosecurity Act 1993 was repealed, as from 26 November 1997, by s 127(1)(a) Biosecurity Amendment Act 1997 (1997 No 89).
Items relating to the Building Act 1991 were repealed, as from 2 July 2001, by s 42 Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89). See cl 3 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171).
An item relating to section 62(1)(ha) Resource Management Act 1991 was omitted, as from 1 August 2003, by s 103 Resource Management Amendment Act 2003 (2003 No 23). See ss 109 to 113 of that Act as to the transitional and savings provisions.

Historical Versions - Statutes of New Zealand

Show the historical version (Never In Force)

1991, No 150—The Building Act 1991
By inserting in section 2, in their appropriate alphabetical order, the following definitions:
Container has the same meaning as in section 2 of the Hazardous Substances and New Organisms Act 1996:
Stationary container has the same meaning as in section 2 of the Hazardous Substances and New Organisms Act 1996:
Test Certificate has the same meaning as in section 2 of the Hazardous Substances and New Organisms Act 1996:”.
By repealing paragraphs (f) and (g) of section 3(1), and substituting the following paragraph:
“(f)
Any container (other than a stationary container); or”.
By inserting in section 6(2), after paragraph (c), the following paragraph:
“(ca)
Provide for the building, alteration, and management of a building which is, or contains, a stationary container in such a way as to ensure that the hazardous substances contained in that building are managed in a manner that is consistent with the Hazardous Substances and New Organisms Act 1996.”
By inserting, after section 34A, the following section:
“34B
Referral of applications for buildings which are also stationary containers
“(1)
Notwithstanding anything in section 34 of this Act, where an application for a building consent is made to a territorial authority in respect of any building which is, or which contains, a stationary container, then, in so far as the application involves the grant or refusal of a waiver or modification of the building code, in respect of any stationary container, the territorial authority shall refer the application to the Authority for a decision on—
“(a)
Whether or not that waiver or modification should be granted; and
“(b)
If the Authority determines that the waiver or modification should be granted, whether or not any conditions should be imposed in respect of that grant, and, if so, the terms of the conditions.
“(2)
A referral to the Authority pursuant to subsection (1) of this section shall be deemed to be an application made to the Authority under section 17 of this Act by the applicant for the building consent to which the referral relates; and Part III of this Act, so far as applicable and with all the necessary modifications, shall apply accordingly.
“(3)
In determining, in relation to any application referred to the Authority pursuant to subsection (1) of this section, whether or not a waiver or modification of the building code or any document for use in establishing compliance with the building code should be granted, the Authority shall consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996, and shall have due regard to any advice received from that Authority.”
By inserting in section 44(1), after paragraph (k), the following paragraph:
“(ka)
Any stationary container; or”.
By inserting in section 44, after subsection (1), the following subsection:
“(1A)
A compliance schedule shall be required for any building that is a stationary container.”
By inserting in section 44, after subsection (5), the following subsection:
“(5A)
Where a compliance schedule is a requirement for the purposes of subsections (1), (1A), and (2) of this section, it shall also include, where appropriate, a requirement that a current test certificate issued in accordance with the Hazardous Substances and New Organisms Act 1996 be available for any building which is, or contains, a stationary container.”
By inserting in section 44, after subsection (7), the following subsection:
“(7A)
Where a compliance schedule has already been issued in respect of a building which is, or contains, a stationary container, the territorial authority that issued the compliance schedule may amend that schedule to include a requirement for a test certificate in accordance with subsection (5A) of this section.”
By inserting in section 45(3) after the words “compliance schedule,” where they first occur, the words “and such test certificates issued in accordance with the requirements of the Hazardous Substances and New Organisms Act 1996 as are specified in the compliance schedule,”.
By inserting in section 45(3)(a), after the word “reports”, the words “and test certificates”.
By inserting in section 45(3)(b), after the word “reports”, the words “and test certificates”.
By inserting in section 48(4), after paragraph (a), the following paragraph:
“(aa)
Consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 about the contents of proposed regulations which relate to buildings which are, or contain, stationary containers, and take into account any submissions made by the Authority; and”.
By inserting in section 49, after subsection (7), the following subsection:
“(7A)
Where the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 has submitted to the Authority a document that has been previously approved by the Environmental Risk Management Authority under that Act, the Authority shall not modify that document without the approval of the Environmental Risk Management Authority.”
By omitting from paragraph (1) of Schedule 3 the words “a building which is required to be licensed in terms of the Dangerous Goods Act 1974” and substituting the words “a stationary container”.
Show the historical version (2 July 2001 to 31 July 2003)

Enactment
Amendment
1991, No 69—The Resource Management Act 1991 (RS Vol 32, p 131)
By repealing section 1(3).
By inserting, after the definition of the term “Government road” in section 2(1), the following definition:
Hazardous substance includes, but is not limited to, any substance defined in section 2 of the Hazardous Substances and New Organisms Act 1996 as a hazardous substance:”.
By omitting from section 62(1)(ha) (as inserted by section 34(1) of the Resource Management Act 1993) the words “the regional council shall retain primary responsibility for the hazard or hazardous substance; and”, and substituting the following subparagraphs:
“(iii)
The regional council shall retain primary responsibility for the natural hazard; and
“(iv)
The relevant territorial authority shall retain primary responsibility for the hazardous substance.”
By repealing Part 13 (sections 344 to 351).
By repealing Schedule 5.
By repealing so much of Part 1 of Schedule 8 as relates to the Ombudsmen Act 1975, the Official Information Act 1982, and the definition of the term “hazardous substance” in section 2 of the Environment Act 1986.
Show the historical version (Never In Force)

Enactment
Amendment
1993, No 95—The Biosecurity Act 1993
By inserting in section 2(1) after the definition of the term “authorised person”, the following definition:
Authority means the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996:”.
By repealing the definition of the term “biosecurity control area” in section 2(1), and substituting the following definition:
Biosecurity control area means—
“(a)
A place that is—
“(i)
Part of a designated port of entry; and
“(ii)
By written agreement with the port's operator, placed under the control of the Director-General for the purposes of this Act; or
“(b)
Where a craft arrives in New Zealand at a place other than a designated port of entry, a place that is controlled by the Director-General for such time as is necessary to allow the processing of goods from that craft for entry to New Zealand in accordance with the provisions of this Act:”.
By inserting, after the definition of the term “natural resources” in section 2(1), the following definition:
New organism has the same meaning as in section 2 of the Hazardous Substances and New Organisms Act 1996:”.
By repealing the definition of the term “restricted organism” in section 2(1) and substituting the following definition:
Restricted organism means any organism for which a containment approval has been granted in accordance with the Hazardous Substances and New Organisms Act 1996 (including any approval deemed to have been so granted under sections 254(1), 254(3), 254(8)(a), 255(1), 255(2), 256, 258(1), and 258(3) of that Act):”.
By repealing the definition of the term “unwanted organism” in section 2(1), and substituting the following definition:
Unwanted organism means any organism that a chief technical officer believes is capable or potentially capable of causing unwanted harm to any natural resources; and—
“(a)
Includes—
“(i)
Any new organism, if the Authority has declined approval to import that organism; and
“(ii)
Any organism specified in the Second Schedule to the Hazardous Substances and New Organisms Act 1996; but
“(b)
Does not include any organism approved for importation under the Hazardous Substances and New Organisms Act 1996, unless—
“(i)
The organism is an organism which has escaped from a containment facility; or
“(ii)
A chief technical officer, after consulting the Authority and taking into account any comments made by the Authority concerning the organism, believes that the organism is capable or potentially capable of causing unwanted harm to any natural resources:”.
By repealing section 20(3), and substituting the following subsection:
“(3)
The issue or possession of an import health permit does not limit or affect section 27 or section 28 of this Act.”
By inserting, after section 25, the following section:
“25A
Organisms illegally present in New Zealand
“Where, before the date of commencement of the Hazardous Substances and New Organisms Act 1996, any organism was present in New Zealand, but is not provided for in Part XVI of that Act, that organism shall be deemed to be uncleared goods for the purposes of this Act; and sections 26 to 28 of this Act shall apply accordingly, with all necessary modifications.”
By repealing section 28, and substituting the following sections:
“28
Restrictions on giving clearances
“(1)
An inspector shall not give a biosecurity clearance for goods that are or contain an organism specified in the Second Schedule to the Hazardous Substances and New Organisms Act 1996 or for a new organism other than a restricted organism.
“(2)
Where any new organism is an organism for which—
“(a)
The Authority has given approval for importation into containment in accordance with section 45 of the Hazardous Substances and New Organisms Act 1996; and
“(b)
There is in existence a containment facility approved as meeting the standard set by the Authority; and
“(c)
The organism is able to go to that facility—any inspector may authorise that organism to go to that containment facility.
“28A
Dealing with suspected new organism
“(1)
Any inspector may seize any organism which the Inspector has reason to believe may be a new organism.
“(2)
The provisions of sections 116 and 117 of this Act shall apply to any organism seized under subsection (1) of this section as if that organism were unauthorised goods.
“(3)
A chief technical officer may permit an organism seized under this section to be held in the custody of the Director-General for so long as is necessary for the importer to apply to the Authority for a determination under section 26 of the Hazardous Substances and New Organisms Act 1996 that the organism is, or is not, a new organism.
“(4)
Where an organism is held in accordance with subsection (3) of this section, the estimated costs and expenses of the custody and maintenance of the organism shall be paid in advance to the Director-General by the importer.
“(5)
When the Director-General's custody of an organism ceases, the Director-General shall calculate the actual and reasonable costs and expenses of holding the organism and, if those actual and reasonable costs,—
“(a)
Exceed the amount paid in accordance with subsection (4) of this section, the balance of the costs and expenses shall be recoverable as a debt due to the Crown from the importer:
“(b)
Are less than the amount paid in accordance with subsection (4) of this section, the overpayment shall be refunded to the importer.
“(6)
Where any organism held under subsection (3) of this section is declared to be a new organism, the chief technical officer may, either generally or in any particular case, give any reasonable directions as to the disposal of, or any other dealing with, that organism, but shall not give a biosecurity clearance for that organism.”
By omitting from section 36 the words “controlled area”, and substituting the words “biosecurity control area”.
By inserting in section 39(3), after the word “registration”, the words “of a quarantine facility”.
By inserting in section 39, after subsection (3), the following subsection:
“(3A)
The Director-General shall consider every application for registration of a containment facility and any representations received concerning it and, if satisfied that it complies with the requirements of this Act and meets the standards and conditions set by the Authority, in accordance with the Hazardous Substances and New Organisms Act 1996, for containment of any organism specified in accordance with subsection (4) of this section as being able to be confined in that facility, the Director-General may register the facility.”
By adding to section 45 the following subsection:
“(5)
The responsible Minister shall not recommend the making of an order under subsection (2) of this section in respect of any organism which has been approved for release in New Zealand by the Authority in accordance with the Hazardous Substances and New Organisms Act 1996, unless that Minister has first consulted with the Authority.”
By omitting from section 107 the words “controlled area” wherever they occur, and substituting in each case the words “biosecurity control area”.
By omitting from section 119(1) the word “restricted”, and substituting the word “unauthorised”.
By repealing section 122, and substituting the following section:
“122
Other powers in respect of risk goods
“An inspector or authorised person may direct the occupier of any place, or the owner of any organism or risk goods,—
“(a)
To treat any goods, or water, place, equipment, fitting, or other things that may be contaminated with pests or unwanted organisms; or

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