20 Tonkin & Taylor Ltd Hazardous Substances Technical Assessment – Waihi North Project - Waihi Processing Plant, Water Treatment Plant and Development Site Oceana Gold (New Zealand) Limited June 2022 Job No: 1015212.1000 vRev0 4 Control and management of hazardous substances 4.1 Introduction The key legislation in New Zealand for management of hazardous substances within the broader regulatory framework are: Health and Safety at Work (Hazardous Substances) Regulations (HSW-HS), which is administered by WorkSafe and sets rules for the storage and use of hazardous substances in the workplace, including risks to workers; Health and Safety at Work (Major Hazard Facilities) 2016 Regulations (HSW-MHF) which is also administered by WorkSafe and mandates specific duties relating to process safety that apply to facilities that exceed specified volumes of hazardous substances; Hazardous Substances and New Organisms (HSNO) Act and Regulations, which set minimum controls under the Environmental Protection Authority’s Hazardous Property Controls Notice 2017 (EPA Notice) to manage the hazards and risks related to all hazardous substances use within domestic environments and from ecotoxic substances in both workplaces and domestic settings; and Resource Management Act (RMA), under which District Councils are responsible for the control of actual or potential effects of the use, development, or protection of land. The Resource Legislation Amendment Act 2017 (RLAA) removed the explicit function of regional and territorial authorities under section 30 and 31 to control the adverse effects of the storage, use, disposal and transportation of hazardous substances to ensure that RMA controls do not duplicate controls in the HSNO Act and HSW Act. The controls under the HSNO Act and HSW Act provide the minimum protection standards for both onsite and offsite people and environments from the potential adverse effects. However, we note that the controls do not take into account the site-specific context such as the proximity to sensitive waterways or density of nearby residential developments. 4.2 Health and Safety at Work (Hazardous Substances) regulatory controls Control measures that are triggered under the Health and Safety at Work (Hazardous Substances) regulations (HSW-HS) by the volumes and types of hazardous substances proposed to be stored on site are summarised inTable 4.1 below. The site is required to comply with all the listed provisions. These HSW-HS controls are specific to the types of hazard presented by the substances and are implemented to protect people on site from harm. The measures to reduce the likelihood or consequence of an incident to on-site workers will also reduce the risks to off-site people. The controls specified for Class 9 ecotoxic substances duplicate those specified under the EPA Notice which are intended to protect ecosystems when using and storing ecotoxic substances.
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