The Waste Minimisation Act - Information for Landfill Operators
To generate revenue to help communities and businesses address waste issues, the Waste Minimisation Act (2008) puts a levy on waste disposed of at landfill. Landfill operators will have to pay the levy based on the weight of material disposed at landfill, but they may pass this cost on to households and businesses. This guide provides an overview of your responsibilities under the Act, with quick hyperlink references to the legislation and other useful information.
Responsibilities under the Act
Waste disposal levy
From 1 July 2009 operators of waste disposal facilities (landfills) will be required to pay a levy of $10 per tonne on waste disposed of at their facility. Unpaid levies will be treated as debt and incur interest at 7.5%.
You must pay the levy to the levy collector in the prescribed manner and at the prescribed times. These will be set by regulations made under Part 3 of the Act.
Approximately half of the levy money will be allocated to territorial authorities to spend on implementing their waste management and minimisation plans. The remaining levy money (minus administration costs) will be allocated, through a fund, to waste minimisation projects (the Waste Minimisation Fund).
Waste bylaws
As a landfill operator, you must adhere to any waste-related bylaws made by your territorial authority under the Act.
Reporting and audits
You will be required to keep, and provide the Ministry for the Environment or the levy collector with records and information about the amount of waste disposed at your landfill. This is to ensure that the amount of levy payable has been accurately calculated.
You may also be required by regulation to keep, and provide the Ministry for the Environment with records and information to help us to compile statistics to:
- measure progress in waste management and minimisation
- report on the state of New Zealand’s environment
- assess New Zealand’s performance in waste minimisation and decreasing waste disposal
- identify improvements needed in infrastructure for waste minimisation
- measure the composition of waste disposed of at landfills.
The Ministry will consult widely before such regulations are made.
The Act also provides for any person or facility to be audited to check:
- payment of the levy
- that you are complying with any regulations to keep or provide records or other information.
Failure to comply with the Act and regulations may constitute an offence, and you could be prosecuted.
What else can I do?
- Review your landfill’s record-keeping process and be sure all relevant staff are trained to use it properly. Also, now is a good time to reassess how incoming waste is recorded and catalogued. The Ministry for the Environment will provide guidance for landfill operators in June 2009.
- Find out about the Waste Minimisation Fund. You could be eligible to apply for the Waste Minimisation Fund. Keep an eye on the Ministry website and re:source newsletter for future updates.
Key dates
- In February 2009, the Ministry began a three-month trial to examine the feasibility of collecting high-level waste composition data from landfills.
- Public consultation on a number of Waste Act matters begins in March 2009 with the release of a consultation document titled Waste Minimisation in New Zealand. This document will seek your feedback on proposed regulations for monitoring waste and waste minimisation and for setting the criteria for funding projects under the Waste Minimisation Fund.
- From 1 July 2009 operators of waste disposal facilities will be required to pay a levy of $10 per tonne on waste disposed of at their facility.
- From 1 July 2009 landfill operators will be required to keep records on the total tonnage of waste disposed of at their facility.
More information
- re:source newsletter is our bi-monthly e-newsletter, designed to keep stakeholders up-to-date with the latest developments in sustainable business, waste minimisation, and progress being made with the implementation of the new Waste Minimisation Act.
- The Waste Minimisation Act – Questions and Answers.
- The Ministry for the Environment works on a range of waste issues. This page is your first stop for information on the Ministry’s waste work programmes.
- Sources of funding of projects and participation. The Ministry for the Environment manages a number of funds. This page is your first stop for information on the Ministry’s funds, who is eligible, and how to apply.
Contact us
For more information about waste management please visit www.mfe.govt.nz or email waste@mfe.govt.nz
Disclaimer
The material in this guide is of the nature of general information only, and neither purports nor intends to be professional legal advice. While every effort has been made to ensure that this guide are as clear and accurate as possible at the time of publication, the Ministry for the Environment is not liable for decisions or actions taken as a result of information contained in, or omitted from, this guide.
Published in March 2009 by the Ministry for the Environment. Publication number: INFO 379
