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Dangerous Goods RequirementsRequirements for dangerous goods in the past have been contained in a large number of Acts, regulations and standards, administered by several government departments. This legislation includes the Transport Act 1962, the Traffic Regulations 1976, the New Zealand Standard Code of Practice for the Transport of Hazardous Substances, the Explosives Act 1957, the Dangerous Goods Act 1974, the Toxic Substances Act 1979, and related regulations. Legislation covering dangerous goods has been consolidated in the Hazardous Sub- stances and New Organisms Act 1996. For its part, the Dangerous Goods Rule clarifies and consolidates the legislation relating to the transport of dangerous goods and is in harmony with the Hazardous Substances and New Organisms Act 1996. Anomalies in previous transport requirements have been clarified and the requirements have been aligned with the United Nations Recommendations on the Transport of Dangerous Goods (UNRTDG) and the international codes of practice for sea and air transport. In accordance with the Land Transport Act 1998, the Land Transport Safety Authority (LTSA) has taken into account the social benefits and costs of the rules requirements to ensure that it promotes land transport safety at a reasonable cost. Some provisions of the rule, considered on their own, cannot be proved to be economically justifiable. Without them, however, an effective risk-control regime could not be established and accountability and enforceability would be diminished. These provisions are essential to align with the UNRTDG or to achieve consistency with regulations for the control of hazards under the Hazardous Sub- stances and New Organisms Act 1996. Extent of consultation The previous legislation for the transport of dangerous goods on land in New Zealand was introduced in 1990 as an amendment to the Transport Act 1962. In 1994, the LTSA commissioned a report that recommended improvements to the control regime to increase its efficiency. Work began on this in 1995, culminating in the production of the Dangerous Goods Rule. To assist in developing an improved regime, the LTSA formed a technical working group from the Joint Committee on the Road Transport of Hazardous Substances, which comprises experts from government and industry.The technical working group has been involved during all stages of development of the rule and met to consider submissions on the draft rule at both the industry and public consultation phases. The technical working group was also consulted in the preparation of the final draft of the rule. In the final stage of the rules production, the LTSA also worked closely with officials of the Ministry for the Environment to ensure that the rule would harmonise with the Hazardous Substances and New Organisms Act 1996. The consultation process on the rule began formally in December 1995 when the LTSA sent the preliminary (red) draft of the rule to 302 people who had either registered an interest in the rule or who were considered likely to be interested in the rule. In the two months to the end of February 1996, the LTSA sent out approximately 500 copies of the draft, mainly to those involved in the dangerous goods industry. The LTSA received 54 submissions on the red draft. The ensuing yellow draft of the rule, which included changes made as a result of comments received on the red draft, was released for public consultation in November 1996. The availability of the yellow draft was publicised in metropolitan and regional newspapers, the New Zealand Gazette and Te Maori News. The draft rule was sent to public libraries throughout New Zealand and to libraries and transport organisations overseas. The New Zealand Chemical Industry Council held a series of seminars in conjunction with the LTSA to publicise the draft rule. The LTSA received 108 submissions on the yellow draft, from the public, government departments and the industry. The sub- missions were analysed and requirements in the yellow draft were re-evaluated in the preparation of the final rule. |
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