Hazardous waste policy framework: Roles and responsibilities
The policy objective is to ensure that the roles and responsibilities of parties implementing aspects of hazardous waste policy are clearly defined and understood and the linkages and interfaces between parties are clear. The material below identifies the key statutes affecting the management of hazardous wastes and the agencies which have roles and responsibilities under these statutes.
The Ministry for the Environment and the Resource Management Act (RMA) 1991
The Ministry for the Environment is responsible for advising the Government on national environmental policies and in this role has the principal central government responsibility for the development of waste management policies, including those for hazardous wastes. This advice extends to legislation, regulations, codes of conduct, guidelines and other policy instruments.
The Ministry for the Environment has a strong interest in the effectiveness of policy implementation as well as its role in policy development. The Ministry encourages and supports the effective implementation of policy through the information on its website, through publications and through workshops such as those held under the auspices of the Waste Management Institute of New Zealand.
To assist the Ministry in its policy development and implementation roles, it established a Hazardous Wastes Advisory Group in 2004 with representatives from the private sector, local government and other central government agencies having an interest in hazardous wastes. This group has provided advice and feedback to the Ministry during the development of this policy framework.
The Ministry administers the Resource Management Act 1991 and through the Minister for the Environment undertakes a range of functions, including the development of national environmental standards and national policy statements. The functions of regional councils and local authorities are also specified in the Act.
Under the RMA, local authorities are required to promote the sustainable management of natural and physical resources, including air, land, water and the coast. This is achieved through plans and resource consents.
The discharge of wastes to land and water are controlled under the RMA. Conditions can be imposed on resource consents to minimise the risk of spillages and leaks into the environment. Local authorities can control the use of land for the purpose of the prevention or mitigation of any adverse effects of the storage, use, disposal, treatment or transportation of hazardous substances. The RMA also includes a definition of contaminated land and gives clear descriptions of the roles of regional councils and territorial authorities on contaminated land.
Local authorities and the Local Government Acts (LGA) 1974 and 2002
Territorial authorities also have a statutory role in hazardous wastes management through the Local Government Act (LGA) . The LGA 2002 defines the purpose, structure, function and duties of local government in New Zealand. It provides operational rather than regulatory framework for local government. The control of the transport of wastes and the discharge of liquid wastes to sewer comes under local authority bylaws established under the Act.
Part XXXI of the Local Government Act 1974 places a duty on territorial authorities for efficient waste management and provides for the preparation of waste management plans. While there is no requirement to include hazardous waste in the plan, plans should provide for hazardous waste management. This part of the 1974 Act remained unrepealed with the enactment of new legislation in 2002. Territorial authorities are able to prepare and implement waste management plans. Some regional councils have regional waste strategies and often have specific policies for the management of hazardous wastes. Waste management plans are often developed to address local issues and so vary. Local government websites are accessible from Local Government New Zealand’s website.
The Environmental Risk Management Authority and the Hazardous Substances and New Organisms (HSNO) Act 1996
The HSNO Act provides performance-based and lifecycle approaches, including disposal, to the management of hazardous substances. The term 'substance' is defined widely and includes mixtures of compounds. In the 2005 Amendment Act, for the purposes of group standards, the meaning of ‘substance’ is extended even further to include some manufactured articles. The Act only applies to substances that have hazardous properties exceeding minimum thresholds set out in the United Nations global harmonisation system for classification and labelling of chemicals. HSNO controls flow from an approval of an application, and in the case of a group standard, this application could be made by the Environmental Risk Management Authority (ERMA) itself.
The HSNO Act does not cover radioactive or infectious substances. These are covered by separate legislation.
ERMA, an autonomous Crown entity, was set up under the HSNO Act to prevent and manage the risks to people and the environment from new organisms (such as imported plants or genetically engineered organisms) and hazardous substances. ERMA takes a whole-of-life approach to the management of hazardous substances, including their safe disposal. For more information visit ERMA's website.
Department of Labour Workplace Group and the Health and Safety in Employment (HSE) Act 1992
The HSE Act focuses on the prevention of harm to people at work. Employers are required to identify and control hazards, provide information, training and supervision and to maintain accident records. The Occupational Safety and Health Service of the Department of Labour administers the Act. For more information visit the website of the Occupational Safety and Health Service.
Land Transport New Zealand and the Land Transport Act (LTA) 1998
The LTA establishes rules for the safe transport of dangerous goods on land. Hazardous wastes usually qualify as dangerous goods and are subject to the Act, which is administered by Land Transport New Zealand. For more information about Land Transport New Zealand and the land transport rules covering dangerous goods, visit the NZ Transport Agency website.
The Ministry of Health and the Health Act 1956 and Radiation Protection Act (RPA) 1965
The Health Act and Radiation Protection Act (RPA) are the responsibility of the Ministry of Health. The Health Act and the RPA establish the rules for the safe transport and disposal of infectious and radioactive wastes that are subject to the Acts. The Ministry of Health has been involved in the development a New Zealand Standard for healthcare wastes (Management of Healthcare Waste, NZS 4304:2002).
Last updated: 17 September 2007
