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PROPOSED SOLID WASTE BYLAW 2012
Frequently Asked Questions
Overview
Auckland Council is seeking the community’s views on the proposals included in a regionwide draft Solid Waste Bylaw.
There are currently seven sets of rules -the existing solid waste bylaws of Auckland’s former councils. This is confusing for customers and staff now that we are one city.
These bylaws expire on 31 October 2012 and council is required to replace these. It is being proposed we do this with a single bylaw, which must be in place by 1 November 2012. Without a bylaw we would have no rules for managing solid waste in Auckland.
The proposed solid waste bylaw will help the council achieve the outcomes sought by the recently adopted Waste Management and Miniminsation Plan (WMMP), which includes Zero Waste by 2040, as well as meet our obligations under the Waste Minimisation Act 2008. Through the bylaw, council aims reduce the risk of harm and nuisance that can occur when waste is not deposited, collected or managed effectively. It is considered the bylaw is the most appropriate way to do this.
We also want to maximise resource recovery and ensure we can monitor our progress in reducing waste going to landfill.
The bylaw will be supported by non-regulatory approaches such as education, raising awareness and the use of voluntary agreements with the industry.
Public submissions will be accepted from Friday, 3 August to Monday, 3 September 2012.
For more information go to http://www.aucklandcouncil.govt.nz/bylaws
What are the key elements of the proposed bylaws? Among the key proposals are:
(1) Maintaining a licensing system already in some existing bylaws for waste collectors and extending it across the region and adding the requirement for operators of waste facilities to be licensed. The system, which would be introduced over the next 12 months, would require them to provide waste data to monitor progress on the achievement of WMMP targets.
(2) Retaining and enhancing measures to ensure that the kerbside collection service complies with terms and conditions, and powers for dealing with non-compliance.
(3) Providing for waste collection points and their management in areas with no kerbside collection service, including barges in marine areas, and powers for dealing with non-compliance.
(4) Retaining and enhancing measures to require the separation of refuse, recyclable material and organic matter in separate containers for kerbside collection.
(5) Provisions for the council to prohibit the disposal or accumulation of waste or materials on public or private land.
(6) Retaining measures to ensure and manage issues when rubbish is not put in the right container (approved bin or bag) which then leads to more litter on onto a public place. The bylaw will also outline the appropriate container each kind of waste must be placed in and will prohibit the dumping of waste into other people’s bins.
(7) Managing waste at events by requiring event organisers to have a waste minimisation plan. Extending across the region the option for multi-unit developments to opt out of the council rubbish collection service although they would have to have a waste minimisation plan.
What does the proposed bylaw intend to do?
It will help achieve the vision that has been set in Auckland’s first Waste Management and Minimisation Plan and will help the council to meet its obligations under the Waste Minimisation Act 2008.
The bylaw will assist in reducing waste, maximising resource recovery from the waste stream and help the council understand the flow of waste material deposited, collected and disposed of in Auckland by those who operate waste facilities.
Why do you have to have a bylaw?
Without a bylaw, the council has no way to regulate the management of solid waste in Auckland and we would have to rely only on alternative measures, such as providing education and raising awareness.
Education and awareness programmes are a vital complement to the bylaw in terms of encouraging people to take proactive action around reducing their waste, but would not protect the community from nuisance and/or public health issues that can happen in the operation of waste collection, transportation and deposit.
What parts of the Waste Management and Minimisation Plan does the proposed bylaw support?
The plan sets the framework and direction for solid waste management and minimisation. The proposed bylaw would operate within that framework, and help to achieve some of the outcomes. Others will be achieved in other ways such as education and a range of waste minimisation initiatives.
Find out more about the vision of the Waste Management and Minimisation Plan on council’s website.
Once the bylaw is adopted will I still put my rubbish in the wheelie bin/bag as I currently do? Yes. The requirements for putting your rubbish out for collection won’t change in the immediate future. However as the WMMP is implemented there may be changes but these will be communicated separately.
When are changes going to occur? The new Auckland Council Solid Waste Bylaw will come in to effect from 1 November 2012 however most people will notice little major change in how the council manages solid waste as a result of the bylaw. It also won’t change your current rubbish collection arrangements. This is because the new bylaw reflects a lot of what has previously existed in many of the legacy council areas.
Some of the new provisions will be phased in at a later date, some of them in parallel with the implementation of the Waste Minimisation and Management Plan.
What could the proposals mean for me?
Kerbside refuse collection
Nothing will immediately change. However the bylaw will support the Waste Management and Minimisation Plan which will see council introduce a new way of collecting and charging for waste collection, from October 2015.
For waste collectors or transporters Those that collect or transport 20 tonnes or more of waste a year will require a licence from council. Former Waitakere, North Shore and Rodney councils already had a licensing system and those existing licences can be used until they expire and are replaced by a new Auckland Council one. In areas where no system is in place, waste collectors or transporters will be able to continue operating but will need to have a licence before 31 October 2013.
Disposal facility operators
Will require a council licence which will carry conditions including providing information to the council to assist its monitoring of waste streams.
Cleanfill sites also require a licence from the council unless less than 30 cubic metres of material is being disposed of or if council has approved a larger volume. An exception would also be made if the material being disposed of originates from the cleanfill site or is soil or stone or a similar natural material.
Resource recovery facility operators Any facility which disposes solid waste will need a licence to operate and meet the requirement to provide specific information to assist the council to monitor waste.
Event organisers or managers From 31 October 2013, any person who manages an event on a public place or privately owned premise where litter is likely to be carried onto a public place will need to have an approved waste minimisation plan. This will help reduce the likelihood of litter ending up on public land.
The council will work with event organisers to develop these. This proposal would not apply to private functions such as a family picnic in your backyard or at the beach.
A manager of a multi-unit development In the city centre and surrounding suburbs of the former Auckland City area, residential and commercial multi-unit development owners can opt out of the council rubbish collection programme as long as they have a council-approved waste management plan. We propose extending that option across the region and also requiring those applying for a building consent for a multi-unit development, to provide a waste minimisation plan approved by the council and to have it available for inspection.
Owners of managers of shopping trolleys and baskets After three months of the bylaw becoming operative, anyone that provides shopping trolleys/baskets for business purposes will be required to identify their business name and its location on the trolley or basket it is responsible for and take all reasonable steps to prevent a trolley/basket from ending up in the public place.
Owners of donation/clothing collection bins Any person or organisation intending to place a donation/clothing collection bin on a public place or on private land fronting onto a public place will have to have a council permit. The permit, a provision already included in some existing bylaws, is a way for council to manage litter on public land and will allow council to have a clearer idea of the number and location of the bins.
Where can I get more information or make a submission?
Go to www.aucklandcouncil.govt.nz/bylaws where you can make an online submission read a copy of the Statement of Proposal for the Solid Waste Bylaw 2012.
Summary and submission forms and a viewing copy of the Statement of Proposal , available at council libraries, service centres and local board offices.
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