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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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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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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.
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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.
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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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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
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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
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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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(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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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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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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June 2013
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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June 2013
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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June 2013
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
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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June 2013
(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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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.
Page 89
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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June 2013
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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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 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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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
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
Page 93
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
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
Page 94
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 95
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 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
Page 96
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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,
Page 97
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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June 2013
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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June 2013
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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June 2013
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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June 2013
vessels or other surfaces in contact with
water.
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June 2013
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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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
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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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)
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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June 2013
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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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
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)
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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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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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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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.
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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June 2013
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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,
Page 132
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)
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)
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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 138
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 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 140
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 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 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 143
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 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 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 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 147
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 148
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
packages
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 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 151
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 152
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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 153
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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
Page 170
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 171
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 172
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 173
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 174
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 175
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
Page 176
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 177
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 178
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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.
Page 179
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
(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
Page 180
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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.
Page 181
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
Page 182
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 183
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
Page 184
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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 185
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 186
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 187
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 188
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 189
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
other surfaces in contact with water.
Page 190
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 191
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
Page 192
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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 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
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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
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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.
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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
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June 2013
other surfaces in contact with water.
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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
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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
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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
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
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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
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 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.
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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 205
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
other surfaces in contact with water.
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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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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 213
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 214
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 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 216
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 218
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 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
Page 220
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 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
Page 222
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.
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 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
Page 225
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 226
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 227
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 228
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 229
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 230
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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.
Page 231
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 233
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.
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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 237
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 238
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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,
Page 239
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 240
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
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.
Page 241
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 242
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 243
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 244
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.
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.
Page 245
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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)
Page 246
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
Page 247
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 248
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 249
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 250
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
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.
Page 252
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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.
Page 253
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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.
Page 254
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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.
Page 255
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 256
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 257
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 258
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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.
Page 259
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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.
Page 260
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:
(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
Page 261
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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 262
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
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 263
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 264
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 265
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 266
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 267
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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 268
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
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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.
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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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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
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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
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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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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.
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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)
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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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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 278
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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 280
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
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.
Page 282
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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)
Page 283
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
Page 284
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 285
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 286
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
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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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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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June 2013
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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June 2013
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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June 2013
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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June 2013
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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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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June 2013
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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June 2013
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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June 2013
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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June 2013
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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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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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
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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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)
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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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 341
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 343
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 344
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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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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.
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June 2013
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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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
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 352
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.
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Decision on the Application for reassessment of Antifouling Paints (APP201051)
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.
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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June 2013
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
Page 355
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 356
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
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
Page 357
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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.
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
Page 358
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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.
Page 359
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 360
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 361
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
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.
Page 362
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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.
Page 363
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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.
Page 364
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 365
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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June 2013
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 370
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 373
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
on the label.
Page 374
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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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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)
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 377
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 378
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
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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
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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 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 381
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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 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 383
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 384
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 385
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
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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
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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
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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.
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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
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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
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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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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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
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
Page 397
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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.
Page 398
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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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.
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Decision on the Application for reassessment of Antifouling Paints (APP201051)
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.
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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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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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 405
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
substances
Page 406
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 407
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 408
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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.
Page 409
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 410
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 411
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 412
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 413
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 414
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.
Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances)
Page 415
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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.
Page 416
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
Page 417
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 418
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 419
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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.
Page 420
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 421
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 422
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.
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
Page 423
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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June 2013
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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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)
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
Page 427
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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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.
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Decision on the Application for reassessment of Antifouling Paints (APP201051)
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 433
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
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.
Page 434
Decision on the Application for reassessment of Antifouling Paints (APP201051)
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
Page 435
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 436
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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Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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
Page 438
Decision on the Application for reassessment of Antifouling Paints (APP201051)
June 2013
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.