The Waste Minimisation Act 2008 (the Act) establishes a waste disposal levy (the levy) to raise revenue for waste minimisation and to increase the cost of waste disposal. The Act also provides controls on how the levy is allocated between central and local government and how it is spent.

This Bill broadens the scope of activities funded via the levy, while maintaining a strategic link between the levy, waste, and environmental priorities.

Changes to matters for which the Secretary for the Environment can spend levy revenue

The Act currently requires the Secretary for the Environment (the Secretary) to distribute and spend levy funds. This Bill provides for the following additional matters to be funded:

activities that reduce environmental harm or increase environmental benefits:
waste-related emergency spending:
funding the Ministry for the Environment (the Ministry) to undertake its functions and duties, and exercise its powers, in relation to waste management and minimisation and hazardous substances.

Examples of the type of activities that reduce environmental harm or increase environmental benefits include catchment remediation works and funding to support the management of New Zealand lakes, rivers, streams, groundwater, and wetlands.

Emergency events can generate large quantities of waste, exceeding what can be managed through business-as-usual approaches, and can damage waste management and minimisation infrastructure. The Bill provides for the Secretary to spend levy revenue to deal with these matters.

The Ministry’s responsibilities in relation to waste management and minimisation and hazardous substances include policy development and implementation, funding and investment, collecting and publishing data, compliance monitoring and enforcement, education and non-regulatory initiatives, project management, and administrative support.

The additional matters on which the levy can be spent add to the Secretary’s operational role and give effect to funding decisions made either through the relevant appropriations or, in the case of emergency waste, through criteria notified by the Minister for the Environment (the Minister) in the Gazette.

Changes to matters for which the Minister for the Environment can approve levy funding

In addition to approving projects to promote or achieve waste minimisation, this Bill will enable the Minister to approve funding of projects to provide for the remediation of contaminated sites (including site investigations, remediation plans, and on-site remediation works). Contaminated sites include former mining and industrial sites, and closed landfills that are vulnerable to the effects of severe weather.

Supporting amendments to improve responses to emergency waste and contaminated site remediation

The Bill includes new roles for—

the Secretary (to approve applications for waivers of the levy for contaminated site remediation works, so that the levy does not become a barrier to remediation works); and
the Minister (to notify criteria in the Gazette for spending levy money on the management of emergency waste and repair or replacement of waste management and minimisation infrastructure, including the types of financial support that would be available for a specific emergency event, and the types of waste generated by an emergency for which funding would be available).

Changes to waste disposal levy rates

The Bill amends Schedule 2 of the Waste Minimisation (Calculation and Payment of Waste Disposal Levy) Regulations 2009 to establish incremental levy rate increases in 2025/26, 2026/27 and 2027/28. The additional levy revenue will provide additional opportunities for supporting waste-related and environmental activities and responsibilities.

Departmental disclosure statement

The Ministry for the Environment is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2024&no=54

Regulatory impact statement

A supplementary analysis report (SAR) has been prepared for this Bill instead of a regulatory impact statement. The Ministry for the Environment produced the SAR on 15 May 2024 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

A copy of the SAR can be found at—

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides that this Bill comes into force on 1 July 2024.

Clause 3 provides that this Bill amends the Waste Minimisation Act 2008 (the principal Act).

Part 1Amendments to principal Act

Clause 4 amends section 3 to insert a new purpose provision for Part 3 that expands the purposes for which money levied under Part 3 (the waste disposal levy) may be used. The new provision replaces section 25, which is repealed by clause 7.

Clause 5 amends section 5 to insert new definitions required for the purposes of amendments made by this Bill.

Clause 6 inserts new section 7A, which provides for transitional, savings, and related provisions to be inserted into the principal Act.

Clause 7 repeals section 25.

Clause 8 replaces section 29 to expand the power of the Secretary for the Environment (the Secretary) to waive payment of the waste disposal levy. The Secretary will be able to waive levy payment in relation to disposal of waste from the remediation of contaminated sites as well as in exceptional circumstances. The Secretary will also be empowered to impose conditions on the waiver of the levy in relation to disposal of waste from the remediation of contaminated sites, provided that the conditions are consistent with the purposes of the principal Act.

Clause 9 amends section 30 to expand the purposes for which the Secretary may distribute and spend the waste disposal levy.

Clause 10 amends section 38 to allow the Minister for the Environment (the Minister) to approve the funding of projects that provide for the remediation of a contaminated site.

Clause 11 inserts new section 38A to empower the Minister to notify criteria for funding matters described in new section 30(1)(c)(v). Those matters are local authority management of emergency waste and repair or replacement of waste management and minimisation infrastructure that is damaged by an emergency.

Clause 12 inserts new Schedule 1, set out in Schedule 1 of this Bill, which contains transitional provisions relating to this Bill.

Part 2Amendment to Waste Minimisation (Calculation and Payment of Waste Disposal Levy) Regulations 2009

Clause 13 provides that this Part amends the Waste Minimisation (Calculation and Payment of Waste Disposal Levy) Regulations 2009.

Clause 14 replaces Schedule 2 with the new Schedule 2 set out in Schedule 2 of this Bill.

Hon Penny Simmonds

Waste Minimisation (Waste Disposal Levy) Amendment Bill

Government Bill

54—1

	Explanatory note
1	Title
2	Commencement
3	Principal Act
	Part 1 Amendments to principal Act
4	Section 3 amended (Purpose of this Act)
5	Section 5 amended (Interpretation)
6	New section 7A inserted (Transitional, savings, and related provisions)
	7A	Transitional, savings, and related provisions
7	Section 25 repealed (Purpose of Part)
8	Section 29 replaced (Waiver of levy payment)
	29	Waiver of levy payment
9	Section 30 amended (Secretary must distribute and spend levy money)
10	Section 38 amended (Minister may approve funding of projects to promote or achieve waste minimisation)
11	New section 38A inserted (Criteria for funding management of emergency waste and repair or replacement of waste management and minimisation infrastructure)
	38A	Criteria for funding management of emergency waste and repair or replacement of waste management and minimisation infrastructure
12	New Schedule 1 inserted
	Part 2 Amendment to Waste Minimisation (Calculation and Payment of Waste Disposal Levy) Regulations 2009
13	Principal regulations
14	Schedule 2 replaced
	Schedule 1 New Schedule 1 inserted
	Schedule 2 Schedule 2 replaced

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Waste Minimisation (Waste Disposal Levy) Amendment Act 2024.

2 Commencement

This Act comes into force on 1 July 2024.

3 Principal Act

This Act amends the Waste Minimisation Act 2008.

Part 1 Amendments to principal Act

4 Section 3 amended (Purpose of this Act)

In section 3, insert as subsection (2):

(2)

The purpose of Part 3 is, in addition to the purpose specified in subsection (1), to enable a levy to be imposed on waste disposed of to—

(a)

raise revenue to fund—

(i)

the promotion and achievement of waste minimisation; and

(ii)

activities that reduce environmental harm or increase environmental benefits; and

(iii)

local authorities to manage emergency waste and to repair or replace waste management and minimisation infrastructure damaged by an emergency; and

(iv)

the Ministry to undertake its functions and duties, and exercise its powers, in relation to waste management and minimisation and hazardous substances; and

(v)

projects that provide for the remediation of contaminated sites; and

(b)

increase the cost of waste disposal to recognise that disposal imposes costs on the environment, society, and the economy.

5 Section 5 amended (Interpretation)

In section 5(1), insert in their appropriate alphabetical order:

contaminant includes any substance (including gases, odorous compounds, liquids, solids, and micro-organisms) or energy (excluding noise) or heat that either by itself or in combination with the same, similar, or other substances, energy, or heat,—

(a)

when discharged into water, changes or is likely to change the physical, chemical, or biological condition of the water; or

(b)

when discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged

contaminated site means land where a contaminant is present, or is likely to be present,—

(a)

in any physical state in, on, or under the land; and

(b)

in concentrations that pose an unacceptable risk to human health or the environment

emergency has the same meaning as in section 4 of the Civil Defence Emergency Management Act 2002

emergency waste means—

(a)

waste that has been caused by an emergency; or

(b)

any thing identified as emergency waste by notice made under section 38A

hazardous substance includes, but is not limited to, any substance defined in section 2 of the Hazardous Substances and New Organisms Act 1996 as a hazardous substance

local authority has the same meaning as in section 5(1) of the Local Government Act 2002

remediate, in relation to a contaminated site, means to remove a contaminant from the site or to lessen the harmful effects of a contaminant

waste management and minimisation infrastructure means infrastructure and associated equipment that is used to support waste management and minimisation

6 New section 7A inserted (Transitional, savings, and related provisions)

After section 7, insert:

7A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

7 Section 25 repealed (Purpose of Part)

Repeal section 25.

8 Section 29 replaced (Waiver of levy payment)

Replace section 29 with:

29 Waiver of levy payment

(1)

The Secretary may waive, in writing, the requirement for an operator to pay any amount of levy if satisfied—

(a)

that exceptional circumstances justify the waiver; or

(b)

that it is reasonable to do so in relation to waste from the remediation of a contaminated site.

(2)

When a waiver is granted under subsection (1)(b), the Secretary may impose, in writing, conditions on the waiver that are consistent with the purposes of this Act set out in section 3.

9 Section 30 amended (Secretary must distribute and spend levy money)

(1)

After section 30(c)(iii), insert:

(iv)

funding activities that reduce environmental harm or increase environmental benefits:

(v)

funding local authorities to manage emergency waste and to repair or replace waste management and minimisation infrastructure damaged by an emergency:

(vi)

funding the Ministry to undertake its functions and duties, and exercise its powers, in relation to waste management and minimisation and hazardous substances.

(2)

In section 30, insert as subsection (2):

(2)

The Secretary may only spend levy money under subsection (1)(c)(v) in accordance with any criteria notified by the Minister under section 38A.

10 Section 38 amended (Minister may approve funding of projects to promote or achieve waste minimisation)

(1)

In the heading to section 38, delete “to promote or achieve waste minimisation”.

(2)

Replace section 38(1) with:

(1)

The Minister may approve funding of any project—

(a)

to promote or achieve waste minimisation; or

(b)

to provide for the remediation of a contaminated site.

11 New section 38A inserted (Criteria for funding management of emergency waste and repair or replacement of waste management and minimisation infrastructure)

After section 38, insert:

38A Criteria for funding management of emergency waste and repair or replacement of waste management and minimisation infrastructure

(1)

The Minister may, by notice in the Gazette, set or vary criteria for spending levy money under section 30(1)(c)(v).

(2)

The criteria may include—

(a)

types of costs and types of waste management and minimisation infrastructure that will be funded:

(b)

limits on the funding of costs:

(c)

identification, in relation to an emergency, of things that are emergency waste, and whose management will be funded.

(3)

Before setting or varying criteria, the Minister—

(a)

must consider—

(i)

whether managing emergency waste is reasonably necessary to address a risk to public health or the environment; and

(ii)

whether managing emergency waste, or repair or replacement of waste management and minimisation infrastructure, or both activities, is likely to be beyond the resources of a local authority; and

(iii)

the national civil defence emergency management plan made under section 39 of the Civil Defence Emergency Management Act 2002; and

(b)

may consider any other matters that they think relevant.

(4)

A notice made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

12 New Schedule 1 inserted

Insert the Schedule 1 set out in Schedule 1 of this Act as the first schedule to appear after the last section of the principal Act.

Part 2 Amendment to Waste Minimisation (Calculation and Payment of Waste Disposal Levy) Regulations 2009

13 Principal regulations

This Part amends the Waste Minimisation (Calculation and Payment of Waste Disposal Levy) Regulations 2009.

14 Schedule 2 replaced

Replace Schedule 2 with the Schedule 2 set out in Schedule 2 of this Act.

Schedule 1 New Schedule 1 inserted

s 12

Schedule 1 Transitional, savings, and related provisions

s 7A

Part 1 Provisions relating to Waste Minimisation (Waste Disposal Levy) Amendment Act 2024

1 Consideration of criteria for approval of project to remediate contaminated site

The requirement in section 38(3)(a) does not apply in respect of a decision to approve funding for a project providing for the remediation of a contaminated site (a remediation project) until the earlier of the following:

(a)

the date on which the Minister notifies criteria under section 38(4) for the approval of funding of remediation projects:

(b)

1 January 2025.

2 Use of levy collected before commencement of amendment Act

(1)

To avoid doubt, all levy money received before the commencement date that is distributed and spent after the commencement date must be distributed and spent in accordance with this Act as if it had not been amended by the amendment Act.

(2)

In this clause,—

amendment Act means the Waste Minimisation (Waste Disposal Levy) Amendment Act 2024

commencement date means the date on which the amendment Act comes into force.

Schedule 2 Schedule 2 replaced

s 14

Schedule 2 Levy rate

r 5

Prescribed disposal facility	Levy rate for period 1 July 2024 to 30 June 2025 ($ per tonne)	Levy rate for period 1 July 2025 to 30 June 2026 ($ per tonne)	Levy rate for period 1 July 2026 to 30 June 2027 ($ per tonne)	Levy rate on and from 1 July 2027 ($ per tonne)
Construction and demolition fill disposal facility: class 2	30	35	40	45
Managed or controlled fill disposal facility: classes 3 and 4	10	15	15	20
Municipal disposal facility: class 1	60	65	70	75

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Waste Minimisation (Waste Disposal Levy) Amendment Bill