Explosives
- Document symbol
- G/LIC/N/3/NZL/10
- Original language
- English
- Published on
- 08/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The Hazardous Substances and New Organisms (HSNO) Act 1996 is the legislation under which hazardous substances are regulated. Under the legislation all hazardous substances must be approved before they are manufactured in, imported to, or used in New Zealand. Approval and certificate holders in compliance with all conditions of their approvals may import, manufacture, or tranship the substances.
There are a number of approval types with approvals being given under different parts of the HSNO Act, however explosives may only be approved under Part 5 of the Act, which covers a single hazardous substance.
Controls are applied on the use of the substance. Applications can be made for the following approvals of hazardous substances:
- Release approvals - pesticides, veterinary medicine and products not covered by group standard approvals;
- Group standard approvals - general and industrial use products with similar uses and hazards;
- Issuing a new group standard approval - for products with similar uses and hazards for which a group standard does not yet exist;
- Emergency approvals - to use a non-approved substance in an emergency situation or to use a substance in a way it is not approved for;
- Containment approvals - for use as an analytical standard, research and development, or for export only;
- Transhipment approvals – for the temporary entry of a hazardous substance into New Zealand for transhipment;
- Import certificates for explosives - to import Class 1 substances into New Zealand;
- Approvals for fireworks - for test certificates required for fireworks.
The first three of these are generic and apply to the substance and all users may make use of the approval. The last five relate to a particular use/action and are held by individuals for a particular purpose that relates to the substance.
The agency that administers the regulatory regime and which makes decisions on applications is the Environmental Protection Authority.
In 2015 the Health and Safety at Work Act 2015 amended the legislation regarding the use of hazardous substances in workplaces. These changes meant the regulatory provisions concerning the import of explosives have been changed but the requirements are largely identical to earlier rules.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
All hazardous substances must be approved under the Hazardous Substances and New Organisms Act 1996 before they can be manufactured in New Zealand or imported into New Zealand. Before an explosive article can be imported, an import certificate for the explosive would need to be sought under Part 5 of the Hazardous Substances and New Organisms Act 1996 for each instance of import.
Import certificates are required for the import of approved explosives into New Zealand under the Hazardous Substances (Importers and Manufacturers) Notice 2015 (EPA Consolidation 30 April 2021).
As a result of the 2018 Amendment, since 1 October 2018, an import certificate is only required for:
- explosives that require a controlled substance licence under the Health and Safety at Work (Hazardous Substances) Regulations 2017; and
- retail fireworks, except novelty and noise-maker fireworks specified in regulation 4(2) of the Hazardous Substances (Fireworks) Regulations 2001, such as party poppers and Christmas crackers.
The Health and Safety at Work (Hazardous Substances) Regulations are available at: http://www.legislation.govt.nz/regulation/public/2017/0131/latest/DLM7309401.html?search=ta_regulation_H_rc%40rinf%40rnif_an%40bn%40rn_25_a&p=2
The requirement for import certificates covers all explosives as outlined in the Hazardous Substances (Fireworks, Safety Ammunition, and Other Explosives Transfer) Regulations 2003: except for the following:
(a) pre-primed cartridges and primers, of class 1.4S;
(b) airbag initiators and seatbelt pre-tensioners of classes 1.4G and 1.4S;
(c) cable cutters of class 1.4S (UN 0070);
(d) power device cartridges of class 1.4S (UN 0323);
(e) signal or shock tubes of class 1.4 (UN 0349);
(f) cassette degradation devices of class 1.4S (UN 0432); and
(g) novelty and noise-maker fireworks specified in the Hazardous Substances (Fireworks) Regulations 2001.
Q3. The system applies to goods originating in and coming from which countries?
The Import Certificate for Explosives applies to the relevant goods originating from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The purpose of the HSNO regulation of hazardous substances is to protect the environment and the health and safety of people and communities by preventing or managing the adverse effects of hazardous substances. A licensing system is used for only one area: explosives require an "Explosives Import Certificate" to be imported into New Zealand.
The purpose of the Import Certificate for Explosives is to ensure that only approved explosives enter or are manufactured in New Zealand. The Import Certificate is the first step in this recording for imported explosives. Once inside New Zealand, under the Health and Safety at Work (Hazardous Substances) Regulations 2017 all explosives other than those listed exempt by Schedule 26 of the regulations must be tracked. Domestically produced explosives are also tracked. The purpose of the tracking system is to ensure that the whereabouts of explosives can be traced so that only those able to have and use them have access to them.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The requirement for an Import Certificate for Explosives is in the EPA's Hazardous Substances Importers and Manufacturers Notice 2015 (EPA Consolidation 30 April 2021) issued under the Hazardous Substances and New Organisms Act.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
The import certificate must be applied for at least ten working days before the arrival of the goods in New Zealand.
Q7.b. Can a licence be granted immediately on request?
No.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Yes, a single organisation handles the application and approval process.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
The import certificate can be declined if there is not sufficient guarantee that the materials will be kept secure in transit or after arrival, or there is insufficient evidence to link the goods to an existing approval as listed in the Hazardous Substances (Fireworks, Safety Ammunition, and Other Explosives Transfer) Regulations 2003. Applicants have the right to judicial review in the New Zealand judicial system if they wish to dispute the outcome of an application.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Anyone (firm, organisation or person) can apply for an Import Certificate for Explosives. If the amount of explosive is over the threshold for a site before a test certificate is required under the Health and Safety at Work (Hazardous Substances) Regulations 2017, then evidence must be shown that the site has a test certificate indicating it complies with storage requirements.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Links from the webpage go to forms and guides relevant to import certificates for explosives: https://www.epa.govt.nz/industry-areas/hazardous-substances/making-an-application/explosives-import-certificate/.
Evidence is needed of the site the explosives are to be stored in (or used) and of the person in charge of the explosives at this site.
Q11. What documents are required upon actual importation?
Documents required on importation are those required under the United Nations Recommendations on the Transport of Dangerous Goods, model regulations 17th revised edition. https://www.unece.org/trans/danger/publi/unrec/rev17/17files_e.html
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The full list of substance application fees is found on: https://www.epa.govt.nz/applications-and-permits/fees-and-charges/.
The fees for an import certificate for explosives and controlled substances licences are:
Import certificate for explosives:
| Activity | Fee ($NZ, Goods and Services tax inclusive) |
|---|---|
| Import certificate for explosives and fireworks under the Hazardous Substances (Importers and Manufacturers) Notice 2015 (Consolidated 30 April 2021) | $575.00 |
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Payment in full is required upon application submission.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The Import Certificate for Explosives relates to a specific consignment. The Health and Safety at Work (Hazardous Substances) Regulations 2017 under the Health and Safety at Work Act 2015 require tracking of the substance(s) from here onwards.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No.