Since the Dangerous Goods Act was replaced by the Hazardous Substances and New Organisms (HSNO) Act 2004, the Council does not have a role in licensing and approving the use and storage of hazardous substances.
This job is now done by Test Certifiers approved by the Environmental Risk Management Authority (ERMA). ERMA Test Certifiers are private individuals who charge for their services to the business/industry concerned. A Test Certifier advises the company as to the mechanics of achieving compliance with the HSNO Act, and the Council may ask to see written confirmation of this, for instance as a condition for a Building Consent approval.
The Council's only role for facilities storing dangerous goods comes under the District Plan where limits have been set for the amount, type or usage of certain hazardous substances within different zones such as Residential or Business Zones.
Council Environmental Health Officers check Planning and Building Consent applications to assess:
- the potential risks of certain activities
- whether hazardous goods are to be stored on site (if so, resource consent may be required) and;
- whether the Consent application complies with the District Plan Rules regarding dangerous goods and hazardous substances.
The Council's Dangerous Goods Contractor checks Building Consent applications that patently involve hazardous substances but this is more to ascertain whether or not the applicant needs to contact an ERMA approved Test Certifier rather than to grant approval for the actual use and storage of hazardous substances and dangerous goods.
In the past the Council Dangerous Goods Inspector would follow up on building consents involving dangerous goods with the view to licensing them. However under the HSNO Act 2004, it is the business or industry's responsibility to obtain any Licences (now called a Location Test Certificate) from an ERMA approved Test Certifier.