Council staff ask elected officials to call in Government over waste-to-energy plant proposal

Friday, 16 June 2023

A screen grab of a computer concept photograph of how the waste-to-energy plant near Glenavy in South Canterbury would look like once completed.

Waimate District Council staff want councillors to ask the Minister for the Environment to take over resource consent applications for a waste-to-energy plant proposal in the district.

South Island Resource Recovery Limited in 2021 announced plans to build a $350 million waste incinerator, and in April 2022 purchased a 15-hectare piece of land from Murphy Farms Limited, in Glenavy, for the proposed plant, known as Project Kea.

Council’s planner Emma Bush will table a report at Tuesday’s council meeting to seek approval from councillors to make a request to Minister David Parker to “call in” the applications.

The project is already on hold until October as SIRRL work on getting a water permit for the plant after which a public hearing can take place.

An artist's impression of the proposed waste-to-energy plant in Waimate.

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SIRRL director Paul Taylor said an application for a water permit from the regional council is the next part of the process.

“Given the scale and significance of the proposal, staff have been considering whether to request that the application be called in by the Minister for the Environment,” Bush said.

“The RMA (Resource Management Act) provides a process for the “call in” of nationally significant resource consent applications by the Minister for the Environment.

A flowchart on how the proposed waste-to-energy plant proposed for Waimate will work.

“When an application is called in it is determined in the first instance by either a board of inquiry or the Environment Court, instead of the council.

“Appeal rights from the decision on the called-in application are also limited to appeals to the High Court on questions of law only.”

The Minister will be considering several of the criteria and also any advice provided by the Environmental Protection Authority (EPA) in deciding whether a matter is, or is part of, a proposal of “national significance”.

The Minister is also required to consider the views of the applicant and local authority, the capacity of the local authority, and recommendations of the EPA when making the decision.

The location of SIRRL's waste-to-energy plant 2.5kms north of Glenavy.

Bush, in her report, said, “staff consider that the Project Kea application is likely to meet several of the criteria for national significance…and therefore there is a reasonable basis on which to make a request (and a reasonable prospect of success)”.

For now, the resource consent application for Project Kea has been put on hold until October.

One criteria is that it involves or is likely to involve technology, processes or methods that are new to New Zealand and that may affect its environment.

Other criteria include – [the project] has aroused widespread public concern or interest regarding its actual or likely effect on the environment (including the global environment), involves or is likely to involve significant use of natural and physical resources, and affects or is likely to affect more than one region or district.

A criteria mentioned was Project Kea is or is likely to be significant in terms of section 8 of the RMA.

Section 8 states – “In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).”

Bush said Te Rūnanga o Waihao (taking the lead role as mana whenua in respect of this application) has been in contact with the ECan and WDC, indicating support for the call in of the applications.

“Te Rūnanga o Waihao considers that call in of the application would enable the involvement of mana whenua and ensure that the decision-makers have appropriate expertise in considering cultural effects,” Bush said.

“Given the preference expressed by mana whenua in this instance, it is considered significant in taking into account the principles of Te Tiriti o Waitangi.”

For now, the resource consent application for Project Kea has been put on hold until October as SIRRL works on getting a water permit.

SIRRL director Paul Taylor said an application for a water permit from the regional council was the next part of the process, and they had already begun discussing this need with ECan.

On Tuesday, Zero Waste Network and Why Waste Waimate, two groups opposing the waste-to-energy plant said they will file submissions with the Overseas Investment Office (OIO) against the sale of land for the plant.

The final sale of the land in Glenavy, which is located on the corner of Carrolls and Moven-Glenavy Rds, is subject to approval from the OIO as overseas parties own 60% of SIRRL.

SIRRL is 40% owned by Renew Energy Limited (New Zealand), China Tianying Inc (CTNY) owns 41%, and its European subsidiary, EUZY, owns 19%.

Toitū Te Whenua Land Information New Zealand head of regulatory practice and delivery Rebecca McAtamney said their assessment does not involve a public consultation process however they will consider third party submissions made in respect of the application.