Waste to energy projects, the circular economy, and the law

Abstract

Two proposals for large waste-to-energy plants are under consideration and causing a great deal of debate. They will use the most common waste-to-energy (WTE) technology, disposing of waste by burning it in an incinerator to raise steam in a boiler, to generate electricity or supply heat for industrial processes. They employ elaborate equipment to reduce air pollution. The issues raised by WTE are significant; New Zealand is among the top waste producing nations in the OECD (3.2 tonnes of waste per capita per annum), and the worst for reuse and recycling: NZ Infrastructure Commission, Rautaki Hanganga o Aotearoa 2022-2052 New Zealand Infrastructure Strategy (2022) at 98. At the same time air pollution from combustion of different kinds already has significant adverse health impacts: Gerda Kuschel and others, Health and Air Pollution in New Zealand 2016 (2022); Stats NZ, “Health Impacts of Exposure to Human-Made Air Pollution” (2023). It seems useful to ask whether the current legal and policy framework for WTE projects is satisfactory.