News
Waste Minimisation Act 2008
First published in ADLS LAWNEWS on Friday 27 February.
Once of the pieces of legislation that was squeezed into its final reading in the last session of Parliament before the election was the Waste Minimisation Act 2008. While election build-up in the media meant its passage did not register on the radar for most people, as the first piece of legislation focussed on New Zealand's burgeoning waste production, its impacts will be felt by business as well as local government.
The Act's objective is to reduce the amount of waste New Zealander's produce and ultimately dispose of. This objective is to be achieved through a combination of measures including:
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Product stewardship;
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A waste disposal levy;
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Increased waste minimisation responsibilities for territorial authorities; and
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The creation of a Waste Advisory Board.
The original definition of 'waste' was amended through the Select Committee process as there was concern by the recycling industry that if recovered materials were inclu ded they could be subject to the waste disposal levy. The final version seeks to ensure that the recycling industry is insulated from any disincentives to operate.
The waste disposal levy is a new tool that applies to waste disposed of at a disposal facility. The aim is to:
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Raise revenue to promote and achieve waste minimisation; and
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Increase the cost of waste disposal to recognise that disposal imposes costs on the environment, society and the economy.
The levy has currently been set at $10 per tonne of waste (where an alternative is not prescribed) and becomes payable from 1 July 2009. It was originally proposed at $25 per tonne but the lower amount was set on the basis that it would be less likely to provoke illegal dumping. The levy will be reviewed by the Minister 2 years after it becomes payable, and then at 3 yearly intervals. Material deposited in clean fills is currently not included in the levy.
Proceeds from the levy will be divided equally between territorial authorities and a contestable fund for waste minimisation projects. Territorial authorities will achieve their share on the basis of district population, and may only allocate levy monies to promote or achieve waste minimisation.
The Act encourages the concept of product stewardship. In certain circumstances it requires that people involved in the life of a product share responsibility for it. These objectives are achieved through the development of product stewardship schemes, which will be officially accredited. There are new powers for the Minister who may declare a product a "priority product", in which case a stewardship scheme will be required, if the product may cause significant environmental harm when it becomes waste, or if there are significant benefits from its reuse, recycling or recovery. A consultative process applies to the development of such schemes.
The focus of the Act is on territorial authorities to promote effective and efficient waste management and minimisation within their districts, and they must adopt a waste management and minimisation plan to do so. This replaces their requirements to prepare a waste management plan under the Local Government Act.
The Act also provides for a number of offences for contraventions of the regulations. Councils may be fined if they fail to collect waste from premises promptly and efficiently where a waste collection service is operated. Fines of up to $100,000 may be imposed.
A Waste Advisory Board has been appointed to provide advice to the Secretary for the Environment and the Minister of the Environment on obligations under the Act. Its members comprise: Rob Fenwick, Lynne Kenny, Morris Love, John Pask, Sheryl Stivens, Lesley Stone and Nandor Tanczos.
Whether the Act motivates manufacturers to reduce packaging and design their products so that waste is avoided at the outset remains to be seen, as at this stage the majority of obligations under the legislation lie with territorial authorities. As a result the Minister and the Board will have a key role in ensuring that the Act achieves its goal in reducing waste.
Bell Gully senior associate Marija Batistich is a member of the Environment and Resource Management Committee, ADLS.
