2 Statement of the Issue

2.1 Objectives for landfill gas management

The Minister for the Environment has determined four main objectives for national policy development for landfill gas emissions management in New Zealand:

to assist in meeting New Zealand's obligations under the Kyoto Protocol
to establish nationally based landfill gas management for greenhouse gas emissions
to provide a level-playing field and certainty for the waste management industry
to provide an incentive to divert organic waste (e.g. food scraps and garden waste) from landfills into composting and other uses.

2.2 Methane is a greenhouse gas

Landfill sites produce landfill gas as a result of the anaerobic decomposition of organic matter. Landfill gas contains approximately equal amounts of methane (45 to 60%) and carbon dioxide (40 to 60%), along with a number of trace gases. The effective management of methane is important, because methane gas has a global warming capability 21 times that of carbon dioxide. Control of methane is also desirable because it reduces the risk of explosions caused by off-site migration of landfill gas, and odour nuisance.

Methane emissions can be relatively easily controlled by collection and combustion. At present there is no national requirement for landfill operators to collect and destroy methane, meaning that landfills can contribute to greenhouse gas emissions.

The waste industry is a relatively minor methane emitter, currently contributing approximately 4% of New Zealand's overall greenhouse gas emissions. However, the government has made a commitment to reducing New Zealand's greenhouse gas emissions and has accounted for a reduction from the waste sector in the climate change policy package. If reductions are not made, this could restrict New Zealand's ability to meet its obligations under the Kyoto Protocol.

2.3 Existing landfill gas management

Over the past 12 years the Government has been encouraging landfill management best practice through promotion of best-practice guidance, such as the Centre for Advanced Engineering's Landfill Guidelines (2000). The Landfill Guidelines discuss the importance and benefits of landfill gas collection.

The majority of large landfills operating in New Zealand are required to collect and manage landfill gas by way of resource consent conditions set by regional councils. Regional councils have required the management of landfill gas for a variety of reasons, including to reduce odour nuisance, to reduce the risks of explosions or fires due to landfill gas migrating and collecting in confined spaces, and to reduce greenhouse gas emissions.

Information collected during The 2002 Landfill Review and Audit (Ministry for the Environment, 2003) shows that that 19 of New Zealand's 116 operating landfills exceed the 1 million tonne threshold, and 75% of these already collect and manage landfill gas or are planning to do so in the near future. Appendix 1 provides a list of landfills over the threshold and gives more detail on each landfill.

The recently introduced Resource Management (Energy and Climate Change) Amendment 2004 alters responsibility for greenhouse gas control from a local to a national level (see section 2.4.2 below).

2.4 Government climate change policy

2.4.1 National direction

Government policy is that emissions of greenhouse gases will be controlled at a national level. This:

provides greater certainty for meeting New Zealand's commitments under the Kyoto Protocol
removes the potential for duplication of national and local controls and the potential for elevated costs being borne by industry
provides greater certainty about the role and responsibility of councils in this regard, thus avoiding litigation costs
removes the potential for local controls to conflict with national mechanisms.

This policy position (among others) has been provided for within the Resource Management (Energy and Climate Change) Amendment Act 2004.

2.4.2 Resource Management (Energy and Climate Change) Amendment Act 2004

The Resource Management (Energy and Climate Change) Amendment Act 2004 was passed on 26 February 2004, and came into force on 2 March 2004. This Act (among other things) recognises the Government's preference for national co-ordination of controls on greenhouse gas emissions.

One of the motivations for the Amendment Act was to remove the potential for a double-up of greenhouse gas regulation at the local and national levels. The Government considers that greenhouse gas emissions should be addressed and controlled at the national level, given that the climate-change effects of local emissions are observed globally, not locally. National policy will create consistent and even application of climate change policy, and provide a clear indication to industry as to the Government's expectations.

The Amendment Act aims for national co-ordination by removing the power of regional councils to consider the effect of greenhouse gas emissions on climate change when making rules in regional plans or determining air discharge consents, except where necessary to implement a national environmental standard. While regional councils could continue to require controls on landfill gas for health and safety or odour reasons, there is no guarantee that existing best practice will continue without a national landfill gas policy that addresses greenhouse gas emissions. A council must be no more or less restrictive than any national policy when implementing a national environmental standard relating to the discharge of greenhouse gases.

As landfills contribute up to 4% of New Zealand's total methane emissions, there is a need to consider what form of national policy is most relevant.

2.4.3 The Kyoto Protocol

The Kyoto Protocol is an international agreement to address global warming and delay climate change. It aims to reduce the total greenhouse gas emissions of developed countries (and countries with economies in transition) to 5% below the level they were in 1990. The Protocol sets targets for the greenhouse gas emissions of developed countries for the period 2008 to 2012 (the first commitment period). Different countries have different targets. New Zealand ratified the Kyoto Protocol on 10 December 2002 and aims to reduce its greenhouse gas emissions to the level they were in 1990, or take responsibility for excess emissions.

New Zealand's latest greenhouse gas inventory shows that emissions are increasing, with carbon dioxide emissions in 2001 about 28% higher than they were in 1990. Transport sector emissions are continuing to grow rapidly and now make up almost 40% of New Zealand's total carbon dioxide emissions. If nothing is done to reduce greenhouse gas emissions, New Zealand's total emissions could be 14 to 20% over our target by 2012. If New Zealand has excess emissions above its 1990 target, responsibility for these emissions can be handled in a number of ways, including purchasing emission units on the international market or using forest sink credits.

As a result of the Kyoto Protocol and earlier climate change initiatives, the New Zealand Government has a range of programmes to reduce emissions already in place or being developed. The private sector is also engaged in this process.

previous | next