The Greenhouse Effect and the Resource Management Act, as Related to Oil and Gas Exploration and Production

Abstract

The release of CO2 into the atmosphere - and more specifically its consequential effect on global temperature – is now more-or-less universally acknowledged as a significant international environmental problem. Known colloquially as the Greenhouse Effect, it is the subject of the UN Framework Convention on Climate Change. That convention commits its signatories to specific actions directed at stabilising emissions of greenhouse gases (including CO2) at 1990 levels. It was signed at the UN Conference on Environment & Development (the “Earth Summit” which was held in Rio de Janeiro in 1992) by 153 countries including New Zealand. New Zealand has now officially ratified the Convention and has thus effectively committed itself to participate in international programmes of CO2 emission reduction. The Resource Management Act 1991 requires regulatory authorities to consider the environmental effects of activities in their jurisdiction. Carbon dioxide is now considered to be a “contaminant” as defined in the Act and it therefore becomes contingent upon local authorities to determine a suitable response to the problem of CO2 emissions. Regional and district policy statements and plans are required to be consistent with the national policy statement. Although a national policy statement on CO2 emissions does not yet exist it can be expected that eventually the approval of resource consents for oil and gas exploration and production activities typically will require specific actions relating to the release of CO2. The increase of CO2 in the atmosphere is almost entirely the direct result of two fundamental and worldwide activities: the combustion of fossil fuels and the removal of forest cover. When burned, hydrocarbons add large quantities of CO2 to the atmosphere. The removal of forest cover reduces the ability of the ecosystem to extract CO2 from the atmosphere by photosynthesis. The oil and gas industry is, of course, the source of a large proportion of the hydrocarbons used for energy and other purposes. It can therefore be expected that governments (including New Zealand) will focus on various aspects of the industry in their efforts to meet the reduction goal. Until recently the central Government approach to CO2 emission reduction was to implement the so-called no regrets policies which are desirable goals (e.g. increased energy efficiency) which have the positive spin-off effect of reducing CO2 emissions. By themselves such policies are likely to be inadequate to meet the internationally accepted reduction target. The Government must therefore implement more stringent measures. As the matter now stands the Government is investigating a diverse range of methods for reducing CO2 emissions. Because CO2 emissions and energy use are inextricably linked, reducing CO2 emissions can clearly have a detrimental effect on economic development. The 'holy grail' of policy development in this area is to reduce CO2 emissions without producing harmful effects on the economy. Several options (and myriad variations on the theme) have been put forward including, for example, carbon taxes and tradeable quotas. These options and others are now being assessed by Government officials. The industry should be alert to the distinct possibility that policy will focus directly on oil and gas production. From a regulatory point of view such an approach has an enticing simplicity but the effect on the oil and gas industry may prove to be less than desirable.