New Environmental Protection Authority announced

3 June 2010 (Updated 3 June 2010)

A new Environmental Protection Authority (EPA) will be established as a Crown agent responsible to the Minister for the Environment. The new EPA is expected to be operational by 1 July 2011.

The consolidation of similar technical and regulatory skills within one organisation will enhance New Zealand’s environmental regulation.

Some aligned functions and powers from the Ministry for the Environment (MfE), Ministry of Economic Development (MED) and Environmental Risk Management Authority (ERMA) will be brought together to form the new EPA.

What responsibilities will the new EPA have?

The EPA will be responsible for national-level consenting and regulatory functions under a number of statutes. The key functions of the EPA will be:

process matters for proposals of national significance under the Resource Management Act 1991;

undertake all of the functions currently performed by ERMA under the Hazardous Substances and New Organisms Act 1996 (HSNO Act);
undertake administration for the Emissions Trading Scheme, except forestry, under the Climate Change Response Act 2002.
- Forestry: The Ministry of Agriculture and Forestry (MAF) remains responsible for administering the same aspects of forestry in the ETS as it does now, including applications to register, emissions returns and deforestation notifications.

What happens now?

In the time available to establish the new EPA, agencies will work closely together to:

coordinate the work required establish the new organisation; and
develop the legislation required to establish the EPA as a Crown agent.

This work will require the input from all the impacted agencies.

The functions under the Climate Change Response Act 2002 will transfer at a later date, in line with implementation of the Emissions Trading Scheme.

Further information:

Legislation and functions for the new EPA

Legislation and functions for the new EPA

The following details the statutes and responsibilities currently agreed for the EPA:

A. Resource Management Act 1991

The EPA will

process matters under Part 6AA for proposals of national significance
process call-ins where the Minister for the Environment has exercised his intervention powers
determine applications for certificates of compliance
service independent decision making processes (including providing expert reports on proposals) for:
- proposals of national significance where matters are lodged directly with the EPA and for call-ins
- Water Conservation Orders
- National Policy Statements
provide technical input into National Environmental Standards

monitor the implementation of National Environmental Standards.

B. Hazardous Substances and New Organisms Act 1996

The functions currently performed by the ERMA, including:

advising the Minister on any matter relating to the purpose of the Act
processing applications for approvals
making decisions on applications for approvals and setting related controls
monitoring and co-ordinating HSNO compliance and enforcement activities
promoting public awareness of the risks of hazardous substances and new organisms
preparing reports for the Minister for the Environment in relation to applications that have been called in by the Minister
issuing, amending and revoking group standards for hazardous substances
maintaining registers relating to hazardous substances and new organisms
participating in the work of international bodies dealing with hazardous substances and new organisms
providing technical advice and carry out consultation processes, in relation to ministerial proposals for orders in council under the Act
providing technical input into the drafting of HSNO Act standards and regulations
monitoring the implementation of regulations
supporting the Māori advisory committee.

C. Climate Change Response Act 2002

The administration of the Emissions Trading Scheme, including:

administration of the Emissions Unit Register
administering applications for allocation
issuing units in accordance with Ministerial directions
transferring units in accordance with chief executive or Ministerial directions
conducting compliance and enforcement activities
making emissions rulings
processing emissions returns
providing technical input into regulations
monitoring the implementation of regulations
operating the Climate Change contact centre.

D. Imports and Exports (Restrictions) Prohibition Order (No 2) 2004

The functions under this order in relation to the Stockholm and Rotterdam conventions, including:

processing applications for export permits
deciding export permits
maintaining a registry of permits
providing technical input into the development of regulations.

E. Imports and Exports (Living Modified Organisms) Prohibition Order 2005

The EPA will:

liaise with applicants seeking approval to export living modified organisms
notify decisions on export approvals for living modified organisms to the Biosafety Clearing House
provide technical advice to MfE to inform its recommendation to the Minister for the Environment on an application.

F. Antarctica (Environmental Protection) Act 1994