6. Simplify Transfer

What is transfer?

Transfer needs to be streamlined

The transfer process itself needs to be streamlined. ERMA has the power to approve and set controls for new substances but they do not have that power for existing substances being transferred. The controls are instead set via the transfer regulations. This is very cumbersome. ERMA has to carry out a similar sort of assessment for transferring substances but there are additional steps required for the controls to be set. The government has to draft and approve transfer regulations. The extra steps do not add any environmental benefit or improve risk management and take substantial time and work (amendment to s160).

ERMA needs flexibility for practical solutions

ERMA considers there are about 8000 substances for which the current transfer process does not allow them to provide practical controls. For example ERMA cannot delete the controls that require everyone who handles petrol to be an approved handler. Such controls may be appropriate for risk management of a new substance that people are not familiar with. However it is not practical or necessary for everyone who puts petrol into a car to be an approved handler.

We propose that ERMA be given the flexibility in setting controls on substances during transfer so the controls can be varied as required to make them practical (as happens for new substances). It may be necessary to amend the Act to do this; we are checking legal opinions at this time.

How

The following summarises the actions proposed to simplify the transfer process.

• Complete the base regulations and amend existing base regulations by 31 December 2003.
• Amend the Act to remove the need to make regulations to transfer substances by 1 March 2004.
• Enable ERMA to vary and delete transferred substance controls by 1 March 2004, by Act amendment if necessary.
• Transfer explosives in July 2003 and once Act amended transfer fumigants, animal remedies, scheduled toxic substances, pesticides, and dangerous goods on 1 April 2004.

Priority

Existing hazardous substances requiring transfer are estimated to make up over 95% of all hazardous substances used in this country for the next 10 years (probably much longer).

We consider that simplifying transfer and getting it back on track is one of the highest priorities for this strategy. There are both safety and credibility reasons why substances should be transferred as soon as possible.

Subsequent benefits

Expediting transfer will also enhance use of the rapid assessment approval process for new substances. For example, if a new substance is similar to one presently waiting to be transferred, by speeding up the transfer of the existing substance then there will be a benchmark to enable application by rapid assessment. This will quicken the time required for some new approvals and reduce the associated costs.