Annex 2: Hazardous Substances, Industrial Chemicals and Dangerous Goods
2.1 A Cooperation Programme covering certain regulatory Requirements relating to hazardous substances, industrial chemicals and dangerous Goods will be pursued under the auspices of this Arrangement and in conformance with the provisions of Part IX. The two main options for cooperation are mutual recognition or harmonisation.
Coverage of Existing Regulatory Requirements
2.2 A number of areas of regulation have been identified for which cooperative arrangements might be concluded. These are regulatory Requirements covering the: packaging and labelling of hazardous substances and dangerous Goods; and notification and assessment of industrial chemicals.
2.3 The Parties note that it may not be possible to develop cooperative arrangements in all areas due to differences in the operating environment between Australia and New Zealand. The Parties intend, however, that in most cases the arrangements developed should be capable of handling such country-specific Requirements.
2.4 For a number of reasons it may not be possible to complete the Cooperation Programme within the timeframe proposed for the commencement of this Arrangement. New Zealand is currently considering the introduction of new legislation in this area and regulatory arrangements in Australia may change depending on the response of Australian Governments to recommendations arising from the Industry Commission's inquiry into Work, Health and Safety.
Institutional Arrangements
2.5 Australia and New Zealand signed an Arrangement on Cooperation in Occupational Health and Safety in 1992. The Parties consider that the TTMRA and the Cooperation Programme contained in this Annex constitute a logical extension of the 1992 Arrangement on Cooperation. Cooperation is facilitated by New Zealand's observer status on a number of bodies of the Australian National Occupational Health and Safety Commission (NOHSC), including the Standards Development Standing Committee (SDSC) and the National Information Coordinators Network.
2.6 The Parties intend that NOHSC and the New Zealand Ministries for the Environment and Health and the Department of Labour will put in place the necessary arrangements to pursue the Cooperation Programme and to ensure that appropriate institutional arrangements are established to oversight any harmonised regulations which are developed as a result of the Cooperation Programme.
2.7 In relation to standards developed under the Arrangement, SDSC and NOHSC decisions will be binding on the Australian Parties only. Consistent with the Arrangement, New Zealand will have full membership on the Labour Ministers Council (LMC) (and any other Council that deals with hazardous substances) in relation to TTMRA and related matters. (The LMC is the Ministerial Council responsible for NOHSC.) The LMC will be the decision-making body for the purposes of any trans-Tasman arrangements agreed between NOHSC and the relevant New Zealand authorities. Decisions by LMC made under the Arrangement will be based on a vote in favour of not less than two-thirds of the Participating Parties.
Legislation Subject to Special Exemption
Australia
Poisons Act 1966 (New South Wales);
Drugs Poisons and Controlled Substances Act 1981 (Victoria);
Poisons Regulations 1973 under the Health Act 1937 (Queensland);
Controlled Substances Act 1984 (South Australia);
Poisons Act 1964 (Western Australia);
Poisons Act 1971 (Tasmania);
Poisons and Dangerous Drugs Act (Northern Territory); and
Poisons and Drugs Act 1978 (Australian Capital Territory).
Industrial Chemicals (Notification and Assessment) Act 1989 (Commonwealth);
Occupational Health and Safety (Commonwealth Employment) Act 1991 (Commonwealth);
Workplace Hazardous Substances Regulations 1995 (Commonwealth);
Road Transport Reform (Dangerous Goods) Act 1995 (Commonwealth);
Work Health Act 1986 (Northern Territory);
Work Health (Occupational Health and Safety) Regulations 1992 (Northern Territory);
Dangerous Goods Act (and Regulations) 1980 (Northern Territory);
Occupational Safety and Health Act 1984 (Western Australia);
Occupational Safety anti Health Regulations 1988 (Western Australia);
Explosives and Dangerous Goods Act 1961 (Western Australia);
Occupational Health and Safety Act 1983 (New South Wales);
Occupational Health and Safety (Hazardous Substances) Regulations 1996 (New South Wales);
Occupational Health and Safety (Carcinogenic Substances) (Transitional) Regulation 1994 (New South Wales);
Dangerous Goods Act 1975 (New South Wales);
Dangerous Goods Regulations 1978 (New South Wales);
Dangerous Goods (Gas Installations) Regulation 1982 (New South Wales).
Factories Shops and Industries Act 1962 (New South Wales);
Dangerous Substances Act 1979 (South Australia);
Occupational Health, Safety and Welfare Act 1986 (South Australia);
Occupational Health, Safety and Welfare Regulations 1995 (South Australia);
Occupational Health and Safety Act 1985 (Victoria);
Occupational Health and Safety Regulations (Victoria)
Workplace Health and Safety Act 1995 (Queensland);
Workplace Health and Safety Regulations 1989 (Queensland);
Workplace Health and Safety Regulations 1995 (Queensland);
Workplace Health and Safety (Hazardous Substances) Compliance Standard 1995 (Queensland);
Workplace Health and Safety (Lead) Compliance Standard 1995 (Queensland);
Workplace Health and Safety Act 1995 (Tasmania);
Occupational Health and Safety Act 1989 (Australian Capital Territory);
Occupational Health and Safety Regulations (Australian Capital Territory); and
Hazardous Substances Regulations (Australian Capital Territory).
New Zealand
Hazardous Substances and New Organisms Act 1996.
Back to Top