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5. Interpretation

 

5.1 In this bylaw, unless the context requires otherwise, the following definitions apply:

Term -  means: 
 Act Waste Minimisation Act 2008
 Approved Authorised in writing by the Council
 Approved container Any container (including bags) that has been approved by the Council for the collection of any type of waste, with approval based on the following criteria: the prevention of nuisance, the protection of the health and safety of waste collectors and the public, and the achievement of effective waste management and minimisation.
 Building work As defined in the Building Act 2004
 Bylaw This Waste Management and Minimisation Bylaw
 Class 1-4 landfills As defined in the Technical Guidelines for Disposal to Land
 Cleanfill material

Waste that:

  1. does not undergo any physical, chemical or biological transformation that, when deposited or with the effluxion of time, is likely to have adverse effects on the environment or human health; and
  2. is not diverted material; and
  3. includes virgin materials such as clay, soil and rock, and other inert materials such as concrete or brick that are free of:
    1. combustible, putrescible, degradable or leachable components;
    2. hazardous waste;
    3. products or materials derived from hazardous waste treatment, hazardous waste stabilisation or hazardous waste disposal practices;
    4. materials that may present a risk to human health or the environment; and
    5. liquid waste; and
  4. has less than two per cent by volume by load of tree or vegetable matter.
Cleanfill site The land used for the disposal of clean fill material.
Commercial waste Waste that results from a commercial enterprise and includes waste generated by the carrying on of any business, manufacture, process, trade, market, or other undertaking
Construction and demolition waste Waste generated from any building construction or demolition works; and includes any concrete, plasterboard, wood, steel, brick, cardboard, metals, plastic or glass
Council The Matamata-Piako District Council or any person delegated or authorised to act on its behalf
Council collection points Places or containers where approved containers may be left for collection or waste may be deposited if collection from a public place is unfeasible or impractical
Cover material Means material specified by the council under clause 7.19(d) as suitable for use as cover material at a class 1-4 landfill site
Deposit To cast, place, throw or drop any waste or diverted material
Disposal As defined in the Act
Diverted material As defined in the Act.
Domestic waste Waste consisting of refuse, recyclable material or organic matter (food waste and/or greenwaste) originating from any household or from the cafeteria, lunchroom or canteen of any commercial enterprise
Donation collection point Place where approved types of waste may be deposited for the purposes of raising funds from the waste items
Estimated value As defined in the Building Act 2004
Food waste Waste that is derived from any item of food and is organic in origin and includes fruit and vegetable scraps, meat, fish and bone discards, and any other similar food waste
Green waste Compostable plant material excluding flax and cabbage trees.
Handling waste Removing, collecting, transporting, storing, treating, processing or disposing of waste
Hazardous waste

Waste that:

  1. contains hazardous substances at sufficient concentrations to exceed the minimum degrees of hazard specified by Hazardous Substances (Minimum Degrees of Hazard) Regulations 2000 under the Hazardous Substances and New Organism Act 1996; or
  2. meets the definition for infectious substances included in the Land Transport Rule: Dangerous Goods 1999 and NZ Standard 5433: 1999 – Transport of Dangerous Goods on Land; or
  3. meets the definition for radioactive material included in the Radiation Protection Act 1965 and Regulations 1982.meets the definition for radioactive material included in the Radiation Protection Act 1965 and Regulations 1982.It does not include domestic waste, commercial-domestic waste, inorganic material, construction and demolition waste or commercial waste
Home composting The activity of creating decaying organic matter from domestic green waste and/or food waste into compost
Inorganic material

Waste consisting of household equipment, furniture, appliances and material of a similar type that due to its nature or size cannot be collected as domestic waste in an approved container, and that is specified by the council as suitable for:

  1. collection from a public place by the council;
  2. collection from any premises by the council; or
  3. delivery to a resource recovery facility
Licence A licence, consent, permit or approval to do something under this bylaw and includes any conditions to which the licence is subject
Litter Any refuse, rubbish, animal remains, glass, metal, garbage, debris, dirt, filth, rubble, ballast, stones, earth or waste matter or any other thing of a like nature
Litter receptacle A receptacle provided for the collection of litter
Managed fill Land used for the disposal of soil with low levels of contamination
Manager A person who controls or manages any premises, activity, or event, regardless of whether that person has a proprietary interest in those premises or that activity or event
Multi-unit development A development consisting of 10 or more residential or residential and commercial units on any premises. It includes a unit title development and any development with controlled or restricted access
Nuisance A nuisance in terms of the Health Act 1956
Occupier In relation to any property or premises, the inhabitant occupier of that property or premises
Organic matter Food waste and/or green waste that is specified by the council under clause 7.19(a) as organic matter
Owner In relation to any property or premises, the person entitled to receive the rack rent of the property or premises, or who would be so entitled if the property or premises were let to a tenant at a rack rent
Person An individual, a corporation sole, a body corporate, and an unincorporated body
Premises Any separately occupied land, building, or part of the same
Prohibited waste

Waste containing-

  1. any material capable of causing injury to any person or animal unless the material is sufficiently contained to prevent injury;
  2. any material capable of causing damage to the approved container or likely to shatter in the course of collection material unless the material is sufficiently contained to prevent damage to the approved container or to prevent injury;
  3. any material that may endanger any person, animal or vehicle which may come in to contact with it prior to, during or following collection, transportation or disposal;
  4. any radioactive wastes, but excluding domestic smoke detectors;
  5. any used oil and lead-acid batteries;
  6. any hazardous waste;
  7. medical waste;
  8. any material prohibited by the council under clause 7.19
Public place
  1. A place that is-
    1. under the control of the council and/or
    2. that is open to or being used by the public, whether or not there is a charge for admission and
  2. includes:
    1. a road, whether or not the road is under the control of the council and including the berm and footpath, and
    2. any part of the public place
 Recovery As defined in the Act
 Recyclable material Waste specified by the council under clause 7.19 as suitable for recycling
 Recycling As defined in the Act
Refuse

Waste which:

  1. subject to (b), is not organic matter, recyclable material, prohibited waste, construction and demolition waste or inorganic material;
  2. may include organic matter and/or recyclable material that does not exceed the maximum allowable limits specified by the council under clause 7.19 of this bylaw.
Rural Any areas zoned and/or defined in the Matamata-Piako District Plan as rural.
Specified intended life As defined in the Building Act 2004
Treatment As defined in the Act
Waste As defined in the Act
Waste collector A person who collects or transports waste and includes commercial and non-commercial collectors and transporters of waste (for example, community groups and not-for-profit organisations); but does not include individuals who collect and transport waste for personal reasons (for example, a person taking household garden waste to a landfill)
Waste management facility A facility which primarily provides waste management and disposal services or waste remediation and materials recovery services, in relation to solid waste
Waste management facility operator A person who owns or manages a waste management facility
Waste management and minimisation plan As defined in the Act
Waste operator A person who is a waste collector or operates a waste management facility.
Waste remediation and materials recovery services The remediation and clean up of contaminated buildings and mine sites, mine reclamation activities, removal of hazardous material and abatement of asbestos, lead paint and other toxic material. This also includes recovery, sorting, and/or storage services in relation to waste.
Waste treatment and disposal services The treatment or disposal or waste (including hazardous waste), including the operation of landfills, combustors, incinerators, compost dumps and other treatment facilities (except sewage treatment facilities), and waste transfer stations.

 

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