Basel Convention

NEW ZEALAND

Status of Ratification/Accession/Acceptance/Approval:	20.12.1994 (r)
Ratification/Acceptance of the Amendment to the Basel Convention:	Not yet as of 20.11.2002

Competent Authority	Focal Point
Ministry of Economic Development PO Box 1473, Wellington tel: [phone] fax: [phone] e-mail: [e-mail] web site: www.med.govt.nz	Ministry for the Environment PO Box 10362, Wellington tel: [phone] fax: [phone] e-mail: [e-mail] web site: www.mfe.govt.nz

National Definition

There is currently no national definition of waste. The Ministry for the Environment has developed a National Waste Minimisation and Management Strategy that includes a definition of waste. The Strategy defines waste as: "Any material, solid, liquid, or gas, that is unwanted and/or unvalued and discarded or discharged". The Strategy outlines changes necessary for an effective legal foundation for waste management and the definition will be incorporated into any new legislation. The New Zealand Definition of Hazardous Waste, which is still under development, will be used in the consideration of Basel/Waigani/OECD import Consent Notifications but otherwise Basel definitions will continue to apply. (the Draft New Zealand Definition of Hazardous Waste is annexed to this CFS) The new legislation, the Hazardous Substances and New Organisms (HSNO) Act 1996, will come into force on 2 July 2001. This will cover imports of all materials defined as hazardous substances under the legislation including those classed as wastes if (i) they exceed a specific threshold in one or more of particular categories of flammability, explosiveness, capacity to oxidise, corrosiveness, toxicity or eco-toxicity and (ii) have not previously been transferred to, or approved under, the legislation.

Therefore in some circumstances a material subject to an import notification under Basel/OECD procedures may also require approval under HSNO. In circumstances where a material has previously been transferred or approved under HSNO no additional HSNO approval will be required but specific control conditions (e.g. relating to disposal, transport or tracking etc) may apply. However, some materials defined as hazardous wastes under Basel/OECD definitions will not be defined as substances under the HSNO (e.g. products such as lead acid batteries etc). The Environmental Risk Management Authority (ERMA) is charged with implementing the HSNO legislation and the New Zealand Competent Authority for Basel/OECD procedures will liaise with ERMA on hazardous waste import issues. In New Zealand there are no wastes other than those pursuant to Art. 1 (1)a and/or Art. 1 (1)b that require special consideration when subjected to transboundary movement.

Data* on the Generation and Transboundary Movements of Hazardous Wastes** and Other Wastesy*** in 2000 (as reported)

		Quantities (in metric tonnes)
Generation	Total amount of hazardous wastesgenerated	No data
	Total amount of other wastesgenerated	No data
Transboundary Movement	Total amount of hazardous wastesand other wastesexported	1 466 ^1)
	Total amount of hazardous wastesand other wastesimported	11 100 ^2)

* Figures are rounded to the nearest integer.

** Covers wastes under Art. 1 (1)a (Annex I: Y1-Y45) and Art. 1 (1)b.

*** Covers wastes under (Annex II: Y46-Y47).

1) Consists of total amount of hazardous wastes exported under Art. 1 (1)a (Annex I: Y1-Y45): 864 mt + total amount of hazardous wastes exported under Art. 1 (1)b: 602 mt.

2) Figure refers to Y31.

Restrictions on Transboundary Movement	Amendment to the Basel Convention The amendment to the Basel Convention (Decision III/1) has not been implemented in New Zealand.
	Restrictions on export for final disposal New Zealand restricts the export of hazardous wastes and other wastes for final disposal. The relevant legislation is the Customs Export Prohibition Order 1999 (replacing the 1994 and 1996 Orders). Country/region and waste covered by this restriction are as per Basel Convention/OECD requirements.
	Restrictions on export for recovery New Zealand restricts the export of hazardous wastes and other wastes for recovery. The relevant legislation is the Customs Export Prohibition Order 1999 (replacing the 1994 and 1996 Orders). Country/region and waste covered by this restriction are as per Basel Convention/OECD requirements. The Waigani Convention will come into force on 21 October 2001 and New Zealand will then be prohibited from exporting hazardous wastes to Parties to this Convention.
	Restrictions on import for final disposal and for recovery New Zealand restricts the import of hazardous wastes and other wastes for final disposal and for recovery. The relevant legislation is the Import Control (Wastes) Prohibition Order 1994. Country/region and waste covered by this restriction are as per Basel Convention/OECD requirements. The Waigani Convention will come into force on 21 October 2001 and New Zealand will then be able to consent to imports of hazardous wastes from Parties to this Convention.
	Restrictions on transit New Zealand restricts the transit of hazardous wastes and other wastes, as applied through relevant import and export regulations. Transit consents required.

Reduction and/or Elimination of Hazardous Waste Generation	National strategies/policies The New Zealand Waste Strategy has been developed to look for ways to minimise New Zealand’s waste and improve its management. The Strategy includes four main work programmes: Institutions and legislation - ensuring we have a sound legal framework for waste minimisation and management, with clear roles for central, regional and local government; ensuring good planning, and compliance with international conventions. Waste reduction and materials efficiency - developing tools and techniques to reduce waste and maximise re-use, recycling and recovery; removing obstacles to the use of recovered materials, and developing economic incentives to change wasteful behaviour. Information and communication - collecting the right information on waste minimisation and management; enhancing community understanding of waste issues, and encouraging individual efforts to reduce waste. Standards and guidelines - setting consistently high environmental performance standards for waste treatment and disposal, transport and storage; having all waste facilities account for the full cost of their operation and charge accordingly. The strategy sets national targets for dealing with various waste streams. Some key targets relate to: Re-using and recycling high-volume wastes (eg, garden wastes, sewage sludge, and building and demolition wastes). Minimising and managing hazardous wastes (eg, organochlorines, contaminated sites, and hazardous components in business waste). Upgrading waste disposal facilities (eg, closing or upgrading substandard landfills and wastewater treatment plants). Charging waste generators the true environmental cost of treatment and disposal (eg, charging full cost at landfills).
	Legislation, regulations and guidelines Resource Management Act 1991; Hazardous Substances and New Organisms Act 1996; and Guidelines for the Management of Hazardous Waste (under development by the Ministry for the Environment).
	Economic instruments/initiatives Encouragement for appropriate disposal pricing initiatives.
	Measures taken by industries/waste generators Sector based cleaner production initiatives.

Transboundary Movement Reduction Measures	National strategies/policies The measures taken for reduction of the amount of hazardous wastes and other wastes subject to the transboundary movement are same as the measures taken for reduction and/or elimination of hazardous waste generation. However, consents to export are subject to prior consideration of local capabilities.
	Legislation, regulations and guidelines Guidelines for the management of hazardous waste are being developed, initially focussing on record keeping and tracking of hazardous waste. There are existing guidelines for best practice treatment and disposal of hazardous waste that are to be reviewed.

Disposal/ Recovery Facilities

Disposal facilities Waste Resources Ltd, Auckland, gas fired incineration of pharmaceutical, medical, solvent, plastic wastes etc. (D10); United Environmental Ltd, Auckland, limited land based treatment facilities (D9); and Waste Management NZ Ltd, landfilling of limited types of materials (eg asbestos) (D5). Recovery/recycling/re-use facilities Exide NZ Ltd, Petone, Wellington, lead acid battery recovery (R4); Milburn Cement Ltd Westport, used lubricating oil recovery (R1); WPC Ltd Pukekohe, used lubricating oil recovery (R1); and BP/Castrol, Wellington, used lubricating oil recovery (R9).

Bilateral, Multilateral or Regional Agreements

OECD Council decision C(92)39 Final; Decision of the Council concerning the control of Transfrontier Movements of Hazardous Wastes Destined for recovery Operations effective since 30 March 1992; and The Waigani Convention agreement for Pacific Forum countries which enables New Zealand to take wastes from pacific island countries for recovery, disposal or transit when the exporter is not a Basel Convention/OECD Party, effective since 21 October 2001.

Technical Assistance and Training Available

Director, Centre for Sustainable Management, Dept of Civil and Resource Engineering, University of Auckland, Private Bag, 92019, Auckland.

Draft New Zealand Definition of Hazardous Waste

Hazardous waste is any waste¹ that:

• 
  Contains hazardous substances at sufficient concentrations to exceed the minimum degrees of hazard specified by Hazardous Substances (Minimum Degrees of Hazard) Regulations 2000 under the Hazardous Substances and New Organism Act 1996, or
  
• 
  Meets the definition for infectious substances included in the Land Transport Rule: Dangerous Goods 1999 and NZ Standard 5433: 1999 – Transport of Dangerous Goods on Land², or
  
• 
  Meets the definition for radioactive material included in the Radiation Protection Act 1965 and Regulations 1982³.
  

¹ Waste is defined as any material, whether it is liquid, solid or gas, that is unwanted and unvalued and discarded or discharged by its holder. In the context of defining waste, “unwanted and unvalued” relates, but is not limited to, any material from the categories listed in Table 1.

Table 1: Categories of materials that are unwanted or unvalued

This list is taken from Table 1 of OECD Decision C(88)90(Final).

W1 Production residues not otherwise specified below

W2 Off-specification products

W3 Products whose date for appropriate use has expired

W4 Materials spilled, lost or having undergone other mishap including any materials, equipment etc. contaminated as a result of the mishap

W5 Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations, packing materials, containers, etc.)

W6 Unusable parts (e.g. reject batteries, exhausted catalysts, etc.)

W7 Substances which no longer perform satisfactorily (e.g. contaminated acid, contaminated solvents, exhausted tempering salts, etc.)

W8 Residues of industrial processes (e.g. slags, still bottoms, etc.)

W9 Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters, etc.)

W10 Machining/finishing residues (e.g. lathe turnings, mill scales, etc.)

W11 Residues from raw materials processing (e.g. mining residues, oil field slops, etc.)

W12 Adulterated materials (e.g. oils contaminated with PCBs, etc.)

W13 Any materials, substances or products whose use has been banned by law in the country of exportation

W14 Products for which there is no further use (e.g. agriculture, household, office, commercial and shop discards, etc.)

W15 Materials, substances or products resulting from remedial actions with respect to contaminated land

W16 Any materials, substances or products which the generator or exporter declares to be wastes and which are not contained in the above categories

² Substances known, or reasonably expected, to contain pathogens, including bacteria, viruses, ricksettia, parasites, fungi or recombinant micro-organisms (hybrid or mutant) that are known, or reasonably expected, to cause infectious disease in humans or animals that are exposed to them.
³ Radioactive material means any article containing a radioactive substance giving it a specific radioactivity exceeding 100 kilobecquerels per kilogram and a total radioactivity exceeding 3 kilobecquerels.
Basel Convention

Country Fact Sheet