The dumping process

Forest and Bird, Volume 22, Issue 4, 1 November 1991, Page 18

The dumping process

S INCE 1974, dual consents have been required for anyone wanting to dump material at sea. Any applicant wanting to dump sediment requires a water right issued by the Regional Water Board, and an annual permit issued by the Minister of Transport under the Marine Pollution Act 1974. Under Section 21 of the Water and Soil Conservation Act, the Regional Water Board must consider discharges into natural waters including the territorial sea out to the 12 mile limit. However, not all Regional Councils throughout New Zealand enforce this requirement. Many Councils just accept a dumping permit as issued by the Ministry of Transport. Additional controls on dumping were added to the Marine Pollution Act in 1980 so that New Zealand could ratify the London Dumping Convention. Section 24 of the Act outlines an extensive list of matters the Ministry of Transport have to take into account when an application is considered. These include the characteristics and composition of the material being disposed, the characteristics of the dump site and method of disposal,

and the possible effect on amenities, marine life and other uses of the sea. This section of the Act also requires consideration of the practical availability of alternative land-based methods of treatment and disposal. Historically, the Ministry of Transport have tended to rubber stamp applications for marine dumping permits as there are no provisions for public input or any external assessments. In 1989, the Parliamentary Commissioner for the Environment was asked to investigate the marine dumping of sediment at Paihia. Her recommendations state that the Ministry of Transport should not issue a permit for dumping until it is satisfied that the "practical availability" of land-based options has been adequately considered. The Commissioner also recommended that Regional Councils should take into account all the criteria in Section 24 of the Marine Pollution Act. Under the new Resource Management Act, Regional Councils will be able to issue resource consents permitting dumping as of right where the Regional Coastal Plan allows dumping to occur.