4 Key Issues Arising from the Review

This section discusses some of the key issues arising from the review of targets. Specific comments on each target are made in section 3.

4.1 Adoption of regional and local targets

Councils are making good progress in developing waste minimisation and management policies and in setting waste targets. This process will continue for some time yet as councils revise existing waste management plans and put in place new policies and systems for monitoring the effectiveness of waste policies and the progress made towards targets. Most of the targets have achievement dates several years in the future, and it is difficult to draw firm conclusions now about the likely success or otherwise in meeting each target. It is already clear that there are targets in the New Zealand Waste Strategy that can be readily achieved by some councils, and some that may be difficult or impossible for other councils to achieve. There may be some targets that all councils will find easy or impossible to achieve. This situation was expected as each council faces a different situation and councils were encouraged to set targets appropriate to their own situation. The national targets were also designed to 'stretch' the performance of councils. Some submissions emphasise the importance of a life-cycle analysis and the Ministry expects councils to adopt a life-cycle approach to the establishment and pursuit of targets and not pursue policies that don't have net environmental benefits.

4.2 Some targets will be difficult to achieve

As noted in 5.1 above, some of the national targets in the strategy will be difficult or even impossible to achieve locally. This applies particularly to some of the organic waste targets, including the beneficial use of sewage sludge that is currently put into landfills. The New Zealand Water and Waste Association has produced guidelines for the beneficial use of biosolids (sewage sludge), but two regional councils (Auckland and Waikato) oppose these as they currently stand and will not agree to the regional plan changes that would allow these guidelines to be followed. There is also a limited demand for the beneficial products (such as compost or mulch) from organic waste that will affect the economic incentives to convert organic wastes to usable products. The reduction of greenhouse gases from landfills and the diversion of high levels of organic wastes to uses that produce fewer greenhouse gas emissions are important elements of New Zealand climate change policy. The Ministry recognises the inherent difficulty in achieving some of the organic waste targets and has initiated a work programme with a focus on reducing the barriers to the beneficial use of these wastes.

4.3 Changes to national targets

As discussed above, it appears that there are targets in the strategy that should be readily achieved and others that may be difficult or even impossible to achieve. There are also some targets that are difficult to interpret consistently and problems for councils in accurately measuring progress towards targets. However, the Ministry considers that the case is not strong for changing any targets at this point. Changes would entail a formal revision of the strategy, which the Ministry considers would be premature. Better information should, however, be provided on interpreting targets where ambiguity is providing difficulties for councils. The Ministry will do this through its website. Better systems should also be put in place to measure and monitor key targets, and the Ministry will facilitate the exchange of best practice by councils through a facility to be established on the Ministry website. Formal changes to targets will be further considered at the time of the next review (proposed for 2006).

4.4 Responsibility for achieving the targets

Many of the targets explicitly identify a responsibility for territorial local authorities or regional councils. Several targets, however, do not identify any agency or level of government as having a responsibility for meeting these targets. The underlying assumption is that central government and, more explicitly, the Ministry for the Environment has the responsibility for action on these targets. The Ministry has been asked to make its responsibility clear to help clarify the balance of responsibility. This will be done through the commentary on specific targets, which is on the Ministry's website. This commentary will be updated in the first half of 2004.

4.5 Lack of clarity about the practical implications of some targets

Local authority commentators have pointed out that the practical implications of some targets are not clear, which makes interpretation by councils difficult and potentially inconsistent. One of the issues of concern to councils is that the baseline for measuring targets is not specified. Another is that terms such as 'sub-standard' and 'beneficial' do not have a clear meaning. The Ministry for the Environment has provided additional material on its website to assist councils with the interpretation of targets. As mentioned above, this information will be updated to respond to concerns from councils.

4.6 Legal impediments to two waste minimisation targets

Targets 1.2 and 1.7 ask councils to include conditions in a resource consent requiring industries to put in place a waste minimisation and management programme. While the adoption of such programmes by industry is fully consistent with the New Zealand Waste Strategy, a requirement to do this in a resource consent under the Resource Management Act is likely to be ultra vires. In its new regional waste policy, Environment Waikato has addressed this issue by including a target similar to the national target in the New Zealand Waste Strategy, but which relies on voluntary compliance, not conditions in a resource consent. The Ministry will encourage other councils to adopt this approach to Targets 1.2 and 1.7.

4.7 Diversion or pre-treatment of sewage sludge

The opposition to the New Zealand Water and Waste Association biosolids guidelines is focused on Aa grade biosolids. The issue relates to the proposed interim contaminant thresholds (to apply for 10 years). The Auckland Regional Council and Environment Waikato feel that these interim numbers cannot be justified on a risk basis and are proposing to implement the lower contaminant levels immediately. This is a significant issue because few if any biosolids produced in New Zealand are able to meet these criteria. The Aa biosolids would be approved for general use based on a permitted activity rule in regional plans and therefore are reliant on regional councils throughout New Zealand amending their plans accordingly.

4.8 Limited control over waste by local authorities

While territorial authorities have a statutory responsibility for the "efficient and effective" management of waste within their territories, councils exercise only limited control over the different sources of waste. Councils usually provide a collection service for households but may rely completely on the private sector to serve the solid waste disposal needs of industry. In many cases councils operate their own landfills and waste diversion facilities, but increasingly councils are relying on the private sector to provide landfills. If councils are to fully measure the waste flows within their territory and therefore assess the effectiveness of waste policies and progress towards waste targets, they will require access to information obtained by the private sector.

The activities of waste management companies involve commercially confidential information, and business may be unwilling to share this information with councils unless the commercial nature of such information can be protected.. The pilot waste data project provides an example of industry co-operation in the sharing of information and points to ways in which councils can acquire needed waste information on a voluntary basis. Should voluntary information sharing prove unsuccessful or insufficient, options could include some form of by-law or national requirement.

4.9 Incentives for private sector involvement in extended producer responsibility (EPR) schemes

Targets 1.3 and 3.1 are aimed at the business community. There is considerable opportunity for businesses to voluntarily develop and adopt waste minimisation programmes and there is often a good business case for this action. There are, however, limits to voluntary approaches. EPR programmes relying on a voluntary approach may encourage some companies to 'free ride' (take advantage of the programme but not pay their share of the costs). Some companies may not participate in programmes because it gives them a commercial advantage, and those not participating can undermine the programme as a whole because the 'playing field' is not level for all players. These issues have been dealt with in some jurisdictions through legislative back-stopping, allowing programmes to be regulated if voluntary approaches fail. The Ministry is currently working with the private sector on a number of EPR initiatives covering packed goods, used oil and used tyres. Local government is also leading an EPR initiative involving farm plastic collection. The success of these initiatives will be monitored to assess progress towards Targets 1.3 and 3.1, and as part of this work the Ministry will also consider the case for back-stopping legislation.

4.10 Measuring and monitoring targets

The New Zealand Waste Strategy recognises the importance of good information systems for managing waste and measuring and monitoring waste targets. It is also important for information systems to be cost-effective and closely linked to the decision-making needs of waste managers. Progress has been made towards better and nationally consistent information through the revision and adoption of the Solid Waste Analysis Protocol and the pilot waste data scheme being implemented by Environment Waikato and Bay of Plenty Regional Council. Further work is needed to put in place a cost-effective means of monitoring and evaluating the implementation of the strategy. This important issue is discussed further in section 5.

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