Proposed infringement scheme for hazardous substances
We asked for feedback on a proposed infringement offence scheme for hazardous substances.
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Submissions open
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Analyse submissions
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Decision
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Publish regulations
We've been working with the Ministry for the Environment (MfE) to propose a scheme that will increase protection of the environment, and the health and safety of people, from the adverse effects of hazardous substances.
The submission period for this consultation closed on 28 August 2023. We received 33 submissions.
Next steps
- We will analyse and consider the submissions and prepare a submission analysis report. This report will include our recommendations on the scheme to Cabinet. The report will be published on the EPA website.
- If Cabinet agrees with our recommendations, it will issue a paper which will be published on the MfE website within 30 days of Cabinet's decision.
- The regulations will then be drafted and approved by an Order in Council.
About the proposed infringement offence scheme
What are infringement offences?
Infringement offences:
- are for straightforward issues of fact easily identified by an enforcement officer
- deter conduct that is less serious and that does not justify prosecution
- result in an infringement notice (an “on-the-spot fine”)
- don’t result in a criminal conviction.
Why set up an infringement scheme?
The current range of enforcement tools for hazardous substances is limited to warning letters, compliance orders, or prosecution. An infringement scheme will provide an intermediate enforcement tool.
This will let enforcement officers respond to lower-level offences in a way that is more efficient and proportional to the offending. Access to appropriate enforcement tools in a timely and efficient manner will support improved compliance and provide deterrence for future non-compliance. Improved compliance will reduce the risk of harm to people and the environment.
Read the consultation document (PDF, 848KB)
Who to contact
If you have any questions about the consultation, you can email hsinfringements@epa.govt.nz.