Infrastructure
32. In order to implement the Waste Management Strategy,
in particular, to meet obligations under the Landfill Directive,
an increasing quantity of waste will need to be dealt with through
methods other than landfilling. This applies not only to household
waste, which is the subject of the quantitative targets under
the Directive, but also to other wastes, for example:
- The Landfill Directive requires
Member States to prepare a plan for the reduction in landfill
of all biodegradable wastes (not only biodegradable municipal
wastes) so alternatives to landfilling must be found[52]
- The Animal By-Products Regulations ban so-called
former foodstuffs from being disposed of in landfill sites from
the end of 2005[53]
- The announcement by the Chancellor of the Exchequer,
reiterated in his recent Autumn statement, to increase landfill
tax from £15 per tonne to £35 per tonne over the medium-term,
is likely to encourage waste producers, particularly from industry
and commerce, to seek alternatives ways of dealing with waste[54]
- The Packaging Directive will require a growing
proportion of packaging materials to be recycled and recovered
over the coming years[55]
- Targets under the Waste Electrical and Electronic
Equipment, and End-of-life Vehicles Directives will require a
growing proportion of material from these waste streams to be
dealt with through recycling and re-use[56]
- For general reasons of sustainability, and given
the emphasis by the Planning Service on fulfilment of the Best
Practicable Environmental Option, a reducing quantity of most
wastes will be destined for landfill; and,
- The Strategy targets - aside from those which
re-state the Landfill Directive targets - will, if they are to
be met, require development of an expanding infrastructure for
dealing with waste through means other than landfilling
33. Infrastructure to provide the alternatives to
landfill is not in place. The CBI told us that "one of the
key comments we made when we initially commented on the Draft
Waste Management Strategy a number of years ago, was that it was
very important that there was an infrastructure and indeed markets
in place for recycled products. I think we still have issues around
that".[57] TAG pointed
out that "how we actually deliver that infrastructure [is]
the biggest challenge for us collectively in government in Northern
Ireland."[58]
34. During the development of the Strategy and the
sub-regional Waste Management Plans, a decision was taken by the
Planning Service to defer many decisions on landfill applications.[59]
The principal reason appears to have been an attempt to restrict
the availability of landfill space to steer materials into treatments
other than landfill. The Department explained that "what
we wanted was a balance of facilities that presented compliance
opportunities as well as competitive opportunities to deliver
the targets
".[60]
However, this laudable objective has not been realised, and we
believe the approach adopted may already have had a number of
detrimental consequences for the development of the necessary
infrastructure in Northern Ireland:
- A Report by EHS in 2003 "identified
that landfill capacity for municipal waste was rapidly being exhausted",[61]
while TAG highlighted "an urgent requirement for the current
back-log of planning applications to be relieved as a priority
to provide for both interim and longer term capacity, particularly
in relation to landfill".[62]
- As long as relevant obligations and targets were
being met, the restriction of landfill void space might have been
acceptable if there were sufficient alternatives being developed.
However, the Department acknowledged "we have had no significant
applications for new facilities and that is an issue."[63]
- Another consequence of the planning delays identified
by the Waste Management Board was that they "are driving
away some investors or discouraging them from making investment
in infrastructural development."[64]
35. The Department's memorandum makes clear that
"PPS11 places an onus on the applicant to demonstrate both
need and BPEO [Best Practicable Environmental Option]. The latter
has caused a difficulty, as the BPEO Decision Maker's Guide addresses
the establishment of a general BPEO for WMPs [waste management
plans], rather than site-specific BPEO for individual planning
applications."[65]
36. We believe
that the efforts to remedy the absence of alternatives to landfill
may be hindered by current work to develop a Northern Ireland-wide
Best Practicable Environmental Option (BPEO).[66]
This approach is apparently in response to requests from the sub-regional
groups for advice from the Department about the appropriateness
and possible location of facilities. The Department said that
"we were looking at this in response to the strategy review
findings which indicated that a number of the councils were confused
about what it was trying to deliver and they wanted a clear steer
from the department".[67]
37. While there have been positive reactions to a
Northern Ireland-wide BPEO, [68]the
implications of waiting for a BPEO report until the summer of
2005 caused the Waste Management Advisory Board some concern.[69]
38. If the intention
is to defer decisions on planning applications for facilities
still further on the basis that these might not be part of some
future Best Practicable Environmental Option (BPEO), then the
likelihood of those facilities being procured, let alone becoming
operational in the short to medium term, will be reduced radically.
Delays in procurement processes compound this problem. It is also
difficult to see how a regional level BPEO exercise can overcome
the problem identified by the Department in respect of site-specific
BPEO justifications.
39. There is a
danger of confusion over the level at which decisions should be
taken about the type, scale, and location of facilities for dealing
with waste. If the regional level process is not prescriptive,
then its local impact will be limited. On the other hand, if the
intention is to be prescriptive, the process runs the risk of
excluding local input. A delicate balance must be found if an
inclusive, transparent, and effective process is to be put in
place.
40. The desire for 'integration' across sub-regional
plans, and the determination of applications by a regional level
Planning Service, appear to be in conflict with the local political
character of decisions concerning waste management. The WMAB,
in its report on the Waste Management Strategy stated that "There
remains a lack of understanding amongst key stakeholder groups
of what each was supposed to do to deliver the strategy. There
was not enough clarity in the Strategy on the key actions for
each sector".[70]
41. These issues go to the heart of the important
questions posed by the Department in its submission: "Should
the individual District Councils remain responsible for waste
disposal? Should the three existing sub-regional Groups be formalised
in some way to facilitate procurement on behalf of the constituent
District Councils? If further co-operation between the three Groups
is required, how can this be facilitated and formalised? Should
some aspects of the waste disposal function be centralised for
Northern Ireland as a whole, e.g. the responsibility for waste
management planning, or 'waste business planning'?"[71]
The Department noted the dilemma it faced in having to make significant
decisions about Northern Ireland's waste management prior to any
conclusions by the current Review of Public Administration in
Northern Ireland[72]
42. We are concerned
that waste management infrastructure planning and procurement
processes are seriously behind schedule. The Department seems
fairly confident that Northern Ireland is on track to meet the
25% recycling target by 2005. However, as planning applications
take at least a year to determine, and procurement processes have
barely begun, the prospect of meeting the first Landfill Directive
target in 2010 looks bleak.
43. We call on
the Minister to identify quickly the required infrastructure taking
account of the shortening timescale available for planning, procurement,
and construction. An analysis of the views of would-be providers
should also be undertaken to establish why greater investment
in the sector is not taking place.
Finance
44. Funding is a vital element in delivering the
Waste Management Strategy. The main burden of providing funding
for the management of household waste has fallen on District Councils,
largely through the rates system. The Department has estimated
the likely capital expenditure by the three sub-regional groups
as £42.4 million for the period 2003/04 - 2005/06.[73]
Central Government funding has been provided to District Councils
since 2001.[74] This
grant aid, currently £10 million per year, covers "roughly
45 per cent"[75]
of District Council expenditure on waste management, with the
remainder coming from the rates.
45. There are two funding concerns. First, the announcements
about the level of financial support available have been made
rather late in any given year, and without any substantial forward
commitment. Second, this money has to be spent within a short
time period. These factors together limit seriously the possibilities
for strategic planning.[76]
Future uncertainty over the funding continues to cause concerns
for District Councils. In May 2004 John Quinn of TAG, told us
that "Unfortunately, within the last few weeks we have been
advised that in the current review of public expenditure there
is a danger that that money could be reduced by 25 per cent."[77]
It was not until September 2004 that the Minister confirmed that
the Councils would receive the full £10 million in the current
year 2004/05, but the announcement contained no commitment to
funding in future years.[78]
46. Widely differing estimates of the overall cost
of implementing the Strategy were given to us, and there is recognition
in the Department's submission that the question of how it will
be financed has yet to be addressed. Finance is also mentioned
as one of four key issues that appear to be awaiting the outcome
of the Northern Ireland-wide Best Practicable Environmental Option.
The Department told us:
"The level of investment required will clearly
be beyond the financial resources of the District Councils, and
is likely to be an order of magnitude greater than the current
grant support being provided through the Department. The overall
estimate for new infrastructure investment alone is of the order
of £400 million."[79]
47. Professor Boyd, Northern Ireland Waste Management
Advisory Board, stressed that "The infrastructure is the
key, it is the link and there is
somewhere around three billion
pounds needed over the next 20 years
.In fact, over the next
five years if we are to meet targets the estimated expenditure
is around £500 million."[80]
The Department disputed these figures, stating that, in addition
to the costs to implement the District Council plans, "the
macro-infrastructure costs range, we think, from £250 million
to establish new high-tech plant and landfills and other bits
and pieces to maybe up to £400-£450 million."[81]
When asked about this difference of opinion over estimates the
Minister introduced a further figure:
"I think the guidelines I would use are
those from the Strategic Investment Board, and the figure they
have given us for the infrastructure bid over the next three years
is £268 million, and that is the figure on which we would
operate. How that will be allocated, as to capital or PFI/PPP,
that is not something we can give you a decision on today, that
is something we need to address, we need to work on, fairly quickly,
in terms of having the right structure and infrastructure in place."[82]
A subsequent Government submission gave a breakdown
of the £268 million with only £51 million of this for
the first three years and the remaining £217 million over
the following seven years. The submission made it clear that the
Strategic Investment Board figures were "provisional preliminary
estimates only".[83]
48. Local authorities are required to consider budgets
and set the level of rates despite these uncertainties, and Derry
City Council explained the consequent difficulties: "the
increase in rates projected for next year
is a 20% increase
to cover waste management. Over the past two years we have seen
very significant increases in rates
". It acknowledged
that central Government aid was important but said "
faced
with the issue that we are faced with, that level of grant aid
is almost insignificant in reality and as time progresses it will
become even more so
."[84]
A Departmental official agreed that local authorities would probably
have to increase their rates to meet the additional cost of waste
management,[85] but the
Minister seemed more hesitant about this approach.[86]
49. The availability of funds is not in itself sufficient
to guarantee the timely provision of facilities. There appears
to be uncertainty also over how districts or sub-regions will
procure new facilities. The CBI noted that "there is a need
to develop a procurement/investment framework that sets out the
roles and responsibilities for all parties involved in the procurement,
development and funding of facilities, to generate the appropriate
confidence for investment by the private sector."[87]
Until these issues are resolved progress will continue to be unacceptably
slow.
50. We welcome
the recognition of the need for investment in waste management
infrastructure included in the recent draft consultation document
'Investment Strategy for Northern Ireland 2005-2015'.[88]
However, the level of investment needed has not been developed
in any detail. We call on the Minister to draw up urgently a robust
and realistic funding plan to provide the necessary infrastructure
over the life of the Waste Management Strategy.
51. Within this
overall funding plan clear lines of responsibility for the provision
of local infrastructure by District Councils need to be identified.
The Minister must clarify the extent to which this local infrastructure
will require to be funded from local rates, and make a firm commitment
to provide an adequate level of central Government funding for
future years.
52. We recommend
that a review of the relevant legislation is carried out to ensure
that adequate powers exist to enable District Councils, either
individually or collectively, to enter into appropriate arrangements
with the private sector and community sector providers of waste
services.
1 Oxford English Dictionary Back
2
The Waste Framework Directive - 75/442/EEC (as amended in 91/156/EEC) Back
3
Waste Management Strategy Northern Ireland, Department
of the Environment, March 2000 Back
4
ibid (Introduction) Back
5
An Inquiry into "Waste policy and the Landfill Directive"
is nearing completion and a report is due shortly. http://www.parliament.uk/parliamentary_committees/environment__food_and_rural_affairs.cfm Back
6
The Committee took oral evidence on "Hazardous Waste and
Waste Policy" from Rt Hon Elliot Morley MP, Minister of State,
DEFRA http://www.parliament.uk/parliamentary_committees/environmental_audit_committee/reports_and_publications.cfm Back
7
Ev 114 Back
8
Council Directive 1999/31/EC of 26 April 1999. The Directive's
overall aim is "to prevent or reduce as far as possible negative
effects on the environment, in particular the pollution of surface
water, groundwater, soil and air, and on the global environment,
including the greenhouse effect, as well as any resulting risk
to human health, from the landfilling of waste, during the whole
life-cycle of the landfill". Back
9
Ev 3 Back
10
The Waste Framework Directive - 75/442/EEC (as amended in 91/156/EEC)
requires MemberStates to appoint competent authorities to draw
up Waste Management Plans which develop an integrated network
of regional facilities. The Directive also establishes requirements
for licences and registration of carriers, and the polluter pays
principle. The Waste Management Strategy itself did not fulfil
these requirements in and of itself, the sub-regional plans having
a major role to play. Back
11
In GB regulatory activity is separate from Government. In England
and Wales it is carried out by the Environment Agency and in Scotland
by the Scottish Environment Protection Agency. Back
12
Ev 97 Back
13
Ev 100 Back
14
Northern Ireland Waste Management Strategy Review Report,
Waste Management Advisory Board for Northern Ireland, June 2004 Back
15
Ev 119 Back
16
Ev 201 Back
17
Ev 232 Back
18
Ev 2 Back
19
Ev 241 Back
20
Ev 202 Back
21
Ev 202 Back
22
See paragraphs 24-31 below Back
23
Ev 103 Back
24
Ev 9 Back
25
Q 347 Back
26
Northern Ireland Waste Management Strategy Review Report,
Waste Management Advisory Board for Northern Ireland, June 2004page
v Back
27
Q 242 Back
28
Q 325 Back
29
Q 282 Back
30
Q 274 Back
31
Q 275 Back
32
Q 54 Back
33
Q 341 Back
34
See footnote 10 above Back
35
Ev 122 Back
36
Waste Not, Want Not: A Strategy for Tackling the Waste Problem
in England, Strategy Unit, December 2002. Back
37
The Landfill Allowances Scheme (Northern Ireland) Regulations
2004 (SR 2004 No. 416) made on 29 September2004 and coming
into operation on 1 April 2005. Back
38
Ev 3 Back
39
Ev 108 Back
40
Q 5; Ev 202 Back
41
QQ 251-252 Back
42
Q 280 Back
43
Ev 244 Back
44
For example Ev 1; Ev 25; Ev 245; Ev 28 Back
45
See paragraph 34 below Back
46
Q 5 Back
47
Ev 5 Back
48
Q 280 Back
49
QQ 280 & 352 Back
50
The Pollution Prevention and Control (Northern Ireland) Regulations
2003 (SR 2003/46) Back
51
Ev 226 Back
52
Council Directive 1999/31/EC of 26 April 1999. Back
53
The Animal By-Products Regulations (Northern Ireland) 2003 (SR
2003 No 494) Back
54
In March 2004 the Chancellor announced that landfill tax will
rise from its current level of £15 per tonne by at least
£3 per tonne per annum up to a level of £35 per tonne. Back
55
EC Packaging and Packaging Waste Directive 94/62/EC Back
56
Waste Electrical and Electronic Equipment (The WEEE Directive)
2002/96/EC: End-of -life Vehicles Directive 2000/53/EC Back
57
Q 127 Back
58
Q 3 Back
59
See paragraph 25 above Back
60
Q 280 Back
61
Ev114 Back
62
Ev 1 Back
63
Q 282 Back
64
Q 247 Back
65
Ev 108. Back
66
"BPEO as a concept was the basis of the Integrated Pollution
Control regime during the 1990s, and originates from the fifth
(1976) and twelfth (1988) reports of the Royal Commission on Environmental
Pollution. It entails a systematic and balanced assessment of
options, in order to identify which one provides the maximum environmental,
economic and social benefits, as well as meeting legislative and
practicability constraints." BPEO - A Decision Maker's Guide,
EHS, 2001 (Executive Summary) Back
67
Q 286 Back
68
Ev 6 Back
69
Q 247 Back
70
Northern Ireland Waste Management Strategy Review Report, report
from the WMAB, June 2004. Back
71
Ev 113. Back
72
Ev 113 Back
73
Ev 109 Table 3.2 Back
74
The level of grant was £2.2m in 2001/02; £3.85m in 2002/03;
£10m in 2003/04, DOE News Release, 7 September 2004. Back
75
Q 288 Back
76
Ev 4; Q5 Back
77
Q 8 Back
78
Angela Smith gives Councils £10 million to fight against
waste, DOE News Release, 7 September 2004. Back
79
Ev 113 Back
80
Q 254 Back
81
Q 288 Back
82
Q365 Back
83
Ev 227 Back
84
Q 90 Back
85
Q 293 Back
86
Q 366 Back
87
Ev 42 Back
88
Draft Investment Strategy for Northern Ireland 2005-2015, OFMDFM
20 December 2004, pages 56-57 Back