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t is proposed that, provided the treaty-making procedures can be completed in time, an Instrument of Ratification be deposited with the Secretary General of the South Pacific Forum Secretariat during the South Pacific Forum in October 2000.
Promoting and strengthening the Environmentally Sound Management (ESM) of hazardous and radioactive wastes, was one of the main targets identified by the international community as a priority for follow up to the Rio Earth Summit in 1992. The Waigani Convention seeks to address these issues in the South Pacific. New Zealand was involved in all stages of the negotiating process, and was one of the original signatories when the Waigani Convention was opened for signature in September 1995.
Ratification would cement our position as a good South Pacific citizen by demonstrating our commitment to the enhanced protection of human health and the environment through assisting Pacific Island countries to deal effectively with hazardous and radioactive wastes.
With respect to hazardous waste, the Waigani Convention largely mirrors the obligations set out in the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 1989 (the Basel Convention). New Zealand has been party to the Basel Convention since 1995. As a result New Zealand has in place a robust import screening process for ensuring the protection of human health and the New Zealand environment from imported hazardous and radioactive wastes, within which the requirements of the Waigani Convention could easily be met. Section 12 of the Radiation Protection Act 1965 is sufficient for New Zealand compliance with the ban on the export of radioactive wastes to Forum Island Countries (FICs).
The advantages of the Treaty entering into force for New Zealand would include:
There would be no major disadvantages to the Treaty entering into force for New Zealand. The obligations to control exports and imports are no greater than is currently the case under the Basel Convention.
The overall objective is to protect, preserve and improve the environment of the South Pacific and the health of all peoples in the region by prohibiting the importation of hazardous and radioactive wastes into Pacific Island Developing Parties, and to regulate and facilitate the environmentally sound management of hazardous wastes in the region.
The Convention covers the land territory, internal waters, territorial sea, continental shelf, archipelagic waters and exclusive economic zones (EEZs) established in accordance with international law of 24 countries, including Forum Island Countries (FICs), Australia and New Zealand (referred to as Other Parties). It also encompasses those areas of high seas which are enclosed from all sides by Parties’ EEZs, and other areas of the Pacific Ocean as may be included in the Convention Area (Article 1).
Scope and area of coverage are described in Article 2. The Convention covers a broad range of hazardous wastes, excluding those derived from the normal operations of a vessel, and some radioactive wastes. The categories of wastes defined as hazardous are contained in Annex I, to be read in conjunction with the hazardous characteristics listed in Annex II.
Article 3 covers national definitions of hazardous wastes, stipulating that each Party shall inform the Secretariat, within six months of ratification, of any additional wastes, other than those listed in Annex I, deemed hazardous by that Party and any requirements for the transboundary movement procedures applicable to such wastes. The Secretariat will disseminate this information to all Parties, who in turn are responsible for making it available to their exporters, importers and other appropriate bodies.
The general obligations of Parties are provided in Article 4. Countries defined as Pacific Island Developing Parties (PIDPs); initially 14 members of the South Pacific Forum, with provision for additions, shall take measures to ban the import of all hazardous and radioactive wastes from outside the Convention Area. Other Parties shall take measures to ban the export of all hazardous and radioactive wastes to FICs, or to territories located in the Convention Area, except when that export is to Other Parties. To facilitate compliance with these obligations, Parties must:
Parties shall designate or establish a competent authority and focal point to facilitate the implementation of the Convention; these roles can by undertaken by the same authority (Article 5). The competent authority shall be responsible for implementing notification procedures for transboundary movements of hazardous wastes, and transmitting and receiving information.
Article 6 specifies the notification procedures for transboundary movements of hazardous wastes between Parties. The exporting Party shall notify, or require the generator or exporter to notify, in writing, through its competent authority, the competent authority of the countries concerned of any proposed transboundary movement. The requirements on importing Parties apply also to transit Parties.
The exporting Party shall not allow a transboundary movement until it has received written consent of the importing Party, transit Parties, and non-Party countries of transit; written confirmation from the importing Party that a contract exists between the exporter and the disposer specifying Environmentally Sound Management (ESM) of the wastes in question; and written confirmation from the exporter of adequate insurance, bond or other guarantee satisfactory to the exporting Party (Article 6).
The exporting Party shall take measures to ensure that any hazardous wastes movements not in accordance with the terms of the contract of export or the Convention are returned to it by the exporter (Article 8). The importing Party will not hinder this duty to re-import. Provision is made for the exporting Party to make alternative arrangements for ESM disposal, other than re-import, within 90 days of the breach of contract being identified by the importing Party, or such other period of time as mutually agreed by the Parties.
Parties shall consider the establishment of a revolving fund to assist on an interim basis in case of emergency situations to minimise damage from disasters or accidents arising from the transboundary movement or disposal of hazardous wastes within the Convention Area (Article 15).
New Zealand already has in place a robust import screening process for ensuring the protection of human health and the New Zealand environment from imported hazardous and radioactive wastes. Ratification would have a neutral environmental effect. New Zealand firms capable of disposal and destruction of hazardous wastes from Convention parties could benefit economically from the business generated by the new capability to import.
Ratification of Waigani would have financial implications for New Zealand once it entered into force, that is, once the requisite ten parties had ratified. This is not expected until during the 2001/02 financial year at the earliest. These costs would be split into three components: a Secretariat contribution; administration costs; and capacity-building. The Convention would establish a Secretariat within the South Pacific Regional Environment Programme, (SPREP), to supervise and facilitate its implementation, the core functions of which have been predicted to amount to US$142,934 in the first year of operation, and US$131,934 in subsequent years. SPREP will integrate these costs into its core annual budget. New Zealand would contribute a proportion of these costs which would be met within its assessed annual core contribution to SPREP out of the baseline of Vote: NZODA.
Administration costs would include new duties to administer Notification processes (Competent Authority/Ministry of Economic Development), circulate, transmit and receive information (Focal Point/Ministry for the Environment), and enforce control measures (New Zealand Customs Service). The total annual cost is predicted to be around $0.051 million per annum, met out of the baselines Vote: Energy, Vote: Environment, and Vote: Customs.
As a “good neighbour” New Zealand would assist with capacity-building in the Pacific. This might include hosting regional seminars, and providing technical expertise on implementation, monitoring, and enforcement. The cost of capacity-building is predicted to be around $0.012 million per annum and would be met out of Vote: NZODA.
The Convention stipulates that the Conference of Parties shall consider the establishment of a revolving fund to assist on an interim basis in case of emergency situations to minimise damage from disasters or accidents arising from transboundary movement or disposal of hazardous wastes within the Convention area. The Convention also stipulates that regimes for Liability and Compensation should be considered by the Parties at a later date. The degree of fiscal risk associated with the establishment of a revolving fund and liability compensation regimes is unknown. New Zealand, as a Party, would however have full negotiating rights in the establishment of such financial mechanisms.
Article 17 provides for the adoption of Protocols to the Convention. No protocols or amendments are envisaged in the immediate future.
Implementation of the Convention would require no legislative or regulatory amendments by the New Zealand Government.
The following departments have been consulted and concur with the recommendations: Agriculture and Forestry, Economic Development, Environment, Health, Customs Service, Treasury, Te Puni Kokiri, Transport, Maritime Safety Authority, and Conservation.
Key industry representatives, environmental NGOs, and Maori and Pacific Island stakeholders were asked by letter for their views on ratification of the Convention. All submissions received were either supportive or neutral about the Government ratifying the Waigani Convention.
The Convention provides for Parties to withdraw from the Convention by written notification to the Secretary General of the South Pacific Forum Secretariat, at any time after three years from the date on which the Convention enters into force for that Party. The withdrawal is to take effect one year after the date of receipt of the notification, unless the notification specifies a later date.
