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Working Towards a Comprehensive Policy Framework for Managing Contaminated Land in New Zealand

Acknowledgements

Executive Summary

1 Introduction

2 Existing Measures

3 Opportunities for Change

4 Next Steps

Appendix A: Main Contaminated Land Legislation

Appendix B: Comparison of Key Elements with Existing Measures

Appendix C: Detailed Process Diagram

Appendix D: Hierarchy of Documents Containing Guidelines Values for Soil, Surface Water, Groundwater and Sediment

Appendix E: New Zealand Guideline Values for Soil, Surface Water, Groundwater and Sediment

Appendix F: WasteTRACK

Appendix G: Section 43 of the Resource Management Act

References

4 Next Steps

This paper provides an overview of the existing policy framework for contaminated land and identifies key opportunities to develop the framework further.

The current legislative framework provides a sound basis for ensuring that no new contaminated sites are created.  There is no need to develop specific legislation to protect against risk to the environment from contaminated land on top of what is already in place under the existing legislation.  However, some key opportunities have been identified relating to nationally consistent soil levels, national information, funding of remediation and best practice guidance.  The opportunities identified as high and medium priority in Table 1 are considered important to be included in any short- to medium-term (one to three years) work programme.  The low-priority areas identified are not considered significant enough to be included in the medium term.

The high-priority and medium-priority issues are discussed in more detail below, and Table 2 outlines key priorities and timeframes for the Ministry’s contaminated land work programme.

4.1   High priority

High-priority issues that can be initiated or addressed in the short to medium term (one to two years) are:

• the lack of nationally consistent soil values
• the continuing need for the Contaminated Sites Remediation Fund.

Development of nationally consistent numerical values and methods for contaminated land will fill an urgent gap in the existing policy framework.  A national overarching guideline combined with some type of supporting NES is expected to help local government provide for better protection of human health through nationally consistent methods and soil contaminant values.

The Contaminated Sites Remediation Fund continues to be a successful policy initiative, directly contributing to real on-the-ground actions.  The Ministry should build on the success of this Fund by further promoting it and seeking additional funding so that more ambitious projects are possible.

4.2   Medium priority

Medium-priority opportunities that can be addressed in the medium term (two or more years) are:

• guidance on roles and responsibilities
• lack of national information on the amount and status of contaminated land
• absence of a pre-1991 liability regime
• the requirement to use WasteTRACK to track the disposal and transport of contaminated soil and waste
• support for industry-initiated guideline revisions.

The absence of a pre-1991 liability regime is another clear gap in the policy framework.  An obvious solution is to establish such a liability regime.  However, policy initiatives focused on action to clean up contaminated sites (eg, an expanded and modified CSRF) may be a better and more achievable strategy.

The collection of national information is important to enable the Ministry to measure and report on the success of its policy initiatives and to develop smarter and better-targeted policy in the future.  However, before information is collated, CLMG No. 4 needs to be widely and consistently implemented by local government.

Guidance on roles and responsibilities can further clarify agency roles and could be delivered relatively quickly and easily.

WasteTRACK is an existing Ministry-owned tracking tool that can be usefully required for the transport, disposal and treatment of solid hazardous waste, including contaminated soil and waste from contaminated land remediation.

Support could also be provided for industry groups who wish to revise existing guidance (eg, an industry-led revision of the oil industry guidelines).

Table 2: Proposed key priorities and timeframes for the contaminated land work programme 2006-2009