Explosives

Member: 

Basic information

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Outline of the system

The Hazardous Substances and New Organisms (HSNO) Act 1996 is the legislation under which hazardous substances are regulated. Under the legislation all hazardous substances must be approved before they are manufactured in, imported to, or used in New Zealand. Approval and certificate holders in compliance with all conditions of their approvals may import, manufacture, or tranship the substances.

There are a number of approval types with approvals being given under different parts of the HSNO Act, however explosives may only be approved under Part 5 of the Act, which covers a single hazardous substance.

Controls are applied on the use of the substance. Applications can be made for the following approvals of hazardous substances:

- Release approvals - pesticides, veterinary medicine and products not covered by group standard approvals;
- Group standard approvals - general and industrial use products with similar uses and hazards;
- Issuing a new group standard approval - for products with similar uses and hazards for which a group standard does not yet exist;
- Emergency approvals - to use a non-approved substance in an emergency situation or to use a substance in a way it is not approved for;
- Containment approvals - for use as an analytical standard, research and development, or for export only;
- Transhipment approvals – for the temporary entry of a hazardous substance into New Zealand for transhipment;
- Import certificates for explosives - to import Class 1 substances into New Zealand;
- Approvals for fireworks - for test certificates required for fireworks.

The first three of these are generic and apply to the substance and all users may make use of the approval. The last five relate to a particular use/action and are held by individuals for a particular purpose that relates to the substance.

The agency that administers the regulatory regime and which makes decisions on applications is the Environmental Protection Authority.

In 2015 the Health and Safety at Work Act 2015 amended the legislation regarding the use of hazardous substances in workplaces. These changes meant the regulatory provisions concerning the import of explosives have been changed but the requirements are largely identical to earlier rules.

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Product coverage

All hazardous substances must be approved under the Hazardous Substances and New Organisms Act 1996 before they can be manufactured in New Zealand or imported into New Zealand. Before an explosive article can be imported, an import certificate for the explosive would need to be sought under Part 5 of the Hazardous Substances and New Organisms Act 1996 for each instance of import.

Import certificates are required for the import of approved explosives into New Zealand under the Hazardous Substances (Importers and Manufacturers) Notice 2015 (EPA Consolidation 30 April 2021).

https://www.epa.govt.nz/assets/Uploads/Documents/Hazardous-Substances/GH...

As a result of the 2018 Amendment, since 1 October 2018, an import certificate is only required for:
- explosives that require a controlled substance licence under the Health and Safety at Work (Hazardous Substances) Regulations 2017
- retail fireworks, except novelty and noise-maker fireworks specified in regulation 4(2) of the Hazardous Substances (Fireworks) Regulations 2001, such as party poppers and Christmas crackers.
The Health and Safety at Work (Hazardous Substances) Regulations are available at: http://www.legislation.govt.nz/regulation/public/2017/0131/latest/DLM730...

The requirement for import certificates covers all explosives as outlined in the Hazardous Substances (Fireworks, Safety Ammunition, and Other Explosives Transfer) Regulations 2003: except for the following:

(a) pre-primed cartridges and primers, of class 1.4S;
(b) airbag initiators and seatbelt pre-tensioners of classes 1.4G and 1.4S;
(c) cable cutters of class 1.4S (UN 0070);
(d) power device cartridges of class 1.4S (UN 0323);
(e) signal or shock tubes of class 1.4 (UN 0349);
(f) cassette degradation devices of class 1.4S (UN 0432);
(g) novelty and noise-maker fireworks specified in the Hazardous Substances (Fireworks) Regulations 2001.

Nature of licensing

Automatic

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If Automatic, administrative purpose

Non-Automatic

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If Non-Automatic, description of the notified Non-Automatic Licensing regime

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Products under restriction as to the quantity or value of imports

The purpose of the HSNO regulation of hazardous substances is to protect the environment and the health and safety of people and communities by preventing or managing the adverse effects of hazardous substances. A licensing system is used for only one area: explosives require an "Explosives Import Certificate" to be imported into New Zealand.

The purpose of the Import Certificate for Explosives is to ensure that only approved explosives enter or are manufactured in New Zealand. The Import Certificate is the first step in this recording for imported explosives. Once inside New Zealand, under the Health and Safety at Work (Hazardous Substances) Regulations 2017 all explosives other than those listed exempt by Schedule 26 of the regulations must be tracked. Domestically produced explosives are also tracked. The purpose of the tracking system is to ensure that the whereabouts of explosives can be traced so that only those able to have and use them have access to them.

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Questions for products under restriction as to the quantity or value of imports

Not applicable.

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The system applies to products originating from which country?

The Import Certificate for Explosives applies to the relevant goods originating from all countries.

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Expected duration of licensing procedure

Eligibility of applicants

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Is there a system of registration of persons or firms permitted to engage in importation?

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What persons or firms are eligible to apply for a licence?

Anyone (firm, organisation or person) can apply for an Import Certificate for Explosives. If the amount of explosive is over the threshold for a site before a test certificate is required under the Health and Safety at Work (Hazardous Substances) Regulations 2017, then evidence must be shown that the site has a test certificate indicating it complies with storage requirements.

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Is there a registration fee?

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Is there a published list of authorized importers?

Contact point for information on eligibility

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Ministry/Authority

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Address

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Telephone

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Fax

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E-mail address

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Website

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Contact officer

Submission of an application

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Administrative body(ies) for submission of an application

Documentation requirements

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What information is required in applications?

Links from the webpage go to forms and guides relevant to import certificates for explosives:
https://www.epa.govt.nz/industry-areas/hazardous-substances/making-an-ap....

Evidence is needed of the site the explosives are to be stored in (or used) and of the person in charge of the explosives at this site.

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What documents is the importer required to supply with the application?

Window of submission of an application

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How far in advance of importation must application for a licence be made?

The import certificate must be applied for at least 10 working days before the arrival of the goods in New Zealand.

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Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

No.

Issuing the license

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Can a licence be granted immediately on request?

No.

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Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

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Which administrative body is responsible for approving application of licences?

Yes, a single organisation handles the application and approval process.

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Must the applications be passed on to other organs for visa, note or approval?

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Are there any other conditions attached to the issue of a licence?

No.

Fees and other administrative charges

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Is there any licensing fee or administrative charge?

Yes, the full list of substance application fees is found on: https://www.epa.govt.nz/applications-and-permits/fees-and-charges/.

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What is the amount of the fee or charge?

The fees for an import certificate for explosives and controlled substances licences are:
Import certificate for explosives
Activity - Import certificate for explosives and fireworks under the Hazardous Substances (Importers and Manufacturers) Notice 2015 (Consolidated 30 April 2021)
Fee ($NZ, Goods and Services tax inclusive) - $575.00

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Is there any deposit or advance payment required associated with the issue of licences?

Payment in full is required upon application submission.

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Amount or rate?

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Is it refundable?

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What is the period of retention?

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What is the purpose of this requirement?

Refusal of an application

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Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

The import certificate can be declined if there is not sufficient guarantee that the materials will be kept secure in transit or after arrival, or there is insufficient evidence to link the goods to an existing approval as listed in the Hazardous Substances (Fireworks, Safety Ammunition, and Other Explosives Transfer) Regulations 2003.

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Are the reasons for any refusal given to applicants?

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Have applicants a right of appeal in the event of refusal to issue a licence?

Applicants have the right to judicial review in the New Zealand judicial system if they wish to dispute the outcome of an application.

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If so, to what bodies and under what procedures?

Applicants have the right to judicial review in the New Zealand judicial system if they wish to dispute the outcome of an application.

Importation

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Are there any limitations as to the period of year during which importation may be made?

No.

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What documents are required upon actual importation?

Documents required on importation are those required under the United Nations Recommendations on the Transport of Dangerous Goods, model regulations 17th revised edition. http://www.unece.org/trans/danger/publi/unrec/rev17/17files_e.html.

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Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Not applicable.

Conditions of licensing

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What is the period of validity of a licence? Can the validity be extended? How?

The Import Certificate for Explosives relates to a specific consignment. The Health and Safety at Work (Hazardous Substances) Regulations 2017 under the Health and Safety at Work Act 2015 require tracking of the substance(s) from here onwards.

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Is there any penalty for the non-utilization of a licence or a portion of a licence?

No.

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Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

No.

Foreign Exchange

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Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Not applicable.

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Is a licence required as a condition to obtaining foreign exchange?

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Is foreign exchange always available to cover licences issued?

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What formalities must be fulfilled for obtaining the foreign exchange?