October 29, 2003
Amendments strengthening the main legislation covering genetic
modification (GM) come into effect tomorrow (Thursday).
"This new legislation, with its strict rules governing the
release of genetically modified organisms, will take effect at
midnight, as the moratorium on applications for releases of
genetically modified organisms (GMOs) automatically expires,"
Environment Minister,
Marian Hobbs said.
The minister said the changes to the Hazardous Substances and
New Organisms (HSNO) Act 1996 are designed to underpin the
government's overall policy of proceeding with caution with GM
while preserving opportunities for different systems of
production.
"That includes keeping our options open for organic agriculture,
conventional farming and integrated pest management so that they
can each contribute in their own way to the overall benefit of
New Zealand," Marian Hobbs said.
"We put in place the moratorium on applications specifically so
that we could strengthen the legislation and improve the way it
worked for new organisms. Now that is done, there is no need for
that moratorium to remain.
"We have also ensured that the independent agency responsible
for decision making about genetic modification – the
Environmental Risk Management Authority (ERMA) – is
well-resourced and has the processes in place to effectively
carry out its role now it is once again able to consider release
applications."
Central to the amended act is a new category of conditional
release.
"This will allow ERMA to attach controls on a case-by-case basis
to any approval to release new organisms," Marian Hobbs said.
"ERMA will be able to specify where and how organisms are used.
It will do this on a case-by-case basis because each organism is
different and the circumstances of each release will be
different too."
The amended Act also includes enforcement procedures to ensure
people using GMOs do not breach any conditions imposed as part
of approval, with significant penalties for anyone who does
break the law.
An individual can be fined $500,000. Companies are liable for
fines of $10 million, or three times the value of any commercial
gain from the breach, or 10% of the turnover of the company
involved (including subsidiaries), whichever is the greater
amount.
A strict liability regime introduced under the Act also allows
anyone harmed as a result of a breach of the law to seek
compensation without having to prove the harm was caused by
someone else’s negligence.
The minister stressed that the end of the moratorium on release
applications does not mean a rash of GM releases.
"The floodgates will not suddenly open. Anyone proposing to
release a GMO has to apply to ERMA and go through a rigorous
assessment process, which includes public submissions," Marian
Hobbs said. "An approval will only be given if a proposal meets
stringent minimum standards designed to protect health, safety
and the environment, and if the benefits of a GMO outweigh any
adverse effects, including the economic effects."
Other work in response to the Royal Commission on Genetic
Modification recommendations
The changes to the legislation are just part of the work the
government has been putting in place during the moratorium in
its response to the recommendations of the Royal Commission on
Genetic Modification.
Toi te Taiao: the Bioethics Council has been set up to advise
the government on biotechnological issues that have a
significant cultural, ethical and spiritual dimension.
The HSNO Act has been amended to more appropriately reflect the
Treaty of Waitangi partnership. The government is also
encouraging a series of initiatives aimed at establishing better
lines of communication between Maori and researchers working in
the field of genetic modification.
Around $7m a year has been going towards research programmes to
investigate the environmental and social impacts of GM and there
has been an increase in public funding in support of the
organics sector from around $0.8m to $3m a year.
A Biotechnology Strategy setting out a vision and direction for
the development of biotechnology in New Zealand was published in
May this year.
Finding out more
The Ministry for the
Environment has produced a brochure outlining the changes in
the law relating to genetic modification.
As well, ERMA is holding a national roadshow next month
(November 4-21 2003) to explain how the legislation will work in
practice for managing genetic modification in New Zealand. |