Section 212 — Health and Safety at Work Act 2015: Regulations relating to hazardous substances

212 Regulations relating to hazardous substances (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes: (a) prescribing duties, obligations, or restrictions imposed on any hazardous substance, or on any person in relation to any hazardous substances— (i) for substances with explosive properties,— (A) to reduce the likelihood of an unintended explosion: (B) to control the adverse effects likely to be caused by an explosion: (ii) for substances with flammable properties,— (A) to reduce the likelihood of an unintended fire or explosion: (B) to control the adverse effects of any fire or explosion: (iii) for substances with oxidising properties,— (A) to reduce the likelihood of any unintended release of chemical energy as an explosion or fire: (B) to control the adverse effects of any release of chemical energy as an explosion or fire: (iv) for substances with corrosive properties,— (A) to reduce the likelihood of any unintended corrosion: (B) to control the adverse effects of any corrosion: (v) for substances with toxic properties,— (A) to reduce the likelihood of any unintended exposure to any such substances: (B) to control the adverse effects of any exposure to such substances: (b) prescribing or providing for controls on gases under pressure, whether intrinsically hazardous or not: (c) prescribing controls to avoid or mitigate illness or injury to people or damage to the environment or chattels from any hazardous substance: (d) prescribing requirements to be met by a laboratory: (e) prescribing controls for by-products with hazardous properties, which result from the manufacture or use of any hazardous substance: (f) prescribing requirements to manage any emergency involving a hazardous substance: (g) prescribing systems for tracking hazardous substances, including requirements that— (i) the whereabouts of the substances be recorded at all times or from time to time: (ii) the quantity of the substances be recorded: (iii) a person be identified as being in charge of the substances: (iv) any person handling the substances hold prescribed qualifications: (h) in relation to any hazardous substances under the control of the Minister of Defence or the Chief of Defence Force, applying (with or without modifications) for the purposes of the regulations any provisions of a Defence Force Order issued under section 27 of the Defence Act 1990 that may be in addition to, or in place of, the provisions of the regulations: (i) prescribing qualifications, including competency, character, or other relevant requirements (for example, that a person be a member of any specified professional body or organisation) for any person handling a hazardous substance: (j) providing for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. (2) Subsection (3) applies if, before, on, or after the commencement of this section, the EPA issues an EPA notice under section 74 of the Hazardous Substances and New Organisms Act 1996 establishing a hazard classification system that replaces the hazard classification system provided for in the Hazardous Substances (Classification) Regulations 2001 and the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001 (the existing classification system ). (3) Regulations made under this section may be made based on the existing classification system for a period not exceeding 5 years after the date on which the EPA notice is issued. Compare: 1996 No 30 ss 75 , 140