HuttCity_TeAwaKairangi_BLACK_AGENDA_COVER

 

 

Extraordinary PROPOSED WASTE MANAGEMENT AND MINIMISATION BYLAW Hearings Subcommittee Meeting

 

 

19 October 2020

 

 

 

Pursuant to a requisition dated 12 October 2020 from Councillor Hislop (Chair) an extraordinary meeting will be held in the

Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,

on:

 

 

Thursday 22 October 2020 commencing at 4.00pm

 

 

The purpose of the hearing is to consider submissions on the proposed Waste Management and Minimisation Bylaw.

 

 

Membership

 

Cr D Hislop(Chair)

 

Cr J Briggs

Cr S Edwards

Cr N Shaw (alternate)

 

 

 

 

 

 

 

 

 

 

For the dates and times of Council Meetings please visit www.huttcity.govt.nz

 


HuttCity_TeAwaKairangi_SCREEN_MEDRES

HEARINGS SUBCOMMITTEE
Membership:	An independent Commissioner plus a minimum of either 3 or 4 elected members (including the Chair) and alternates who have current certification under the Making Good Decisions Training, Assessment and Certification Programme for RMA Decision-Makers. 
Meeting Cycle:	Meets as required
Quorum:	Half of the members
Reports to:	Regulatory Committee

PURPOSE:

 

To conduct the hearing of resource consent applications and related matters under the Resource Management Act 1991.

 

Determine:

        Hearing and deciding notified resource consent applications.

        Hearing and deciding objections to conditions imposed on resource consents.

 

Conduct of Hearings:

        To conduct hearings where these are required as part of a statutory process.

        Hearing of submissions required on any matters falling under the Terms of Reference for this Subcommittee.

 

General:

Any other matters delegated to the Subcommittee by Council in accordance with approved policies and bylaws.

 

NOTE:

 

The Ministry for the Environment advocates that Councils offer specialist RMA training in areas of law which are difficult to grasp or where mistakes are commonly made. This is to complement the Good Decision Making RMA training that they run (which is an overview and basic summary of decision making, rather than an in-depth training in specific areas of the RMA). Therefore in order to facilitate this, the RMA training run for councillors that wish to be hearings commissioners is mandatory.

 

Reasons for the importance of the training:

1.   Hearings commissioners are kept abreast of developments in the legislation.

2.   Legal and technical errors that have been made previously are avoided (many of which have resulted in Environment Court action which is costly, time consuming and often creates unrealistic expectations for the community).

3.   The reputation of Council as good and fair decision makers or judges (rather than legislators) is upheld.


HUTT CITY COUNCIL

 

PROPOSED WASTE MANAGEMENT AND MINIMISATION BYLAW Hearings Subcommittee

 

Extraordinary meeting to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on

 Thursday 22 October 2020 commencing at 4.00pm.

 

ORDER PAPER

 

Public Business

 

1.       APOLOGIES 

2.       CONFLICT OF INTEREST DECLARATIONS             

3.       Proposed Waste Management and Minimisation Bylaw 2020 (20/1224)

Report No. HSC2020/6/230 by the Principal Policy Advisor                              4

  

 

 

 

 

Kate Glanville

SENIOR DEMOCRACY ADVISOR

 

 

  


                                                                                       4                                                      22 October 2020

Extraordinary Hearings Subcommittee Meeting

13 October 2020

 

 

 

File: (20/1224)

 

 

 

 

Report no: HSC2020/6/230

 

Proposed Waste Management and Minimisation Bylaw 2020

 

Purpose of Report

1.    The purpose of this report is to:

a)      Outline the process to follow when undertaking this hearing;

b)      Provide the information used in the public consultation process with respect to the Proposed Waste Management and Minimisation Bylaw (“the Proposed Bylaw”) - see Appendices 1 and 2;

c)       Provide a copy of all submissions received during public consultation - see Appendix 3 and the submission analysis graphs Appendix 4;

d)      Recommend changes with respect to the proposed Waste Management and Minimisation Bylaw for the Hearings Subcommittee (the Subcommittee) to consider - see Appendix 5. 

Recommendations

It is recommended that the Hearings Subcommittee for the Proposed Waste Management and Minimisation Bylaw:

 

(i)      notes the Statement of Proposal, attached as Appendix 1 to the report;

(ii)     notes the draft proposed Bylaw that was part of the special consultative procedure attached as Appendix 2 to the report;

(iii)    considers the submissions received and the submission analysis graphs, attached as Appendices 3 and 4 to the report;

(iv)    notes the key issues outlined in the report and the changes made, attached as Appendix 5 to the report;

(v)     agrees to the recommended changes to the proposed Bylaw noted in recommendation (iv);

(vi)    agrees to recommend to the Policy, Finance and Strategy Committee that they approve the Proposed Waste Management and Minimisation Bylaw with further changes as directed OR;

(vii)   agrees to recommend to the Policy, Finance and Strategy Committee that they approve the Proposed Waste Management and Minimisation Bylaw as proposed with no changes.

 

For the reason that it is necessary to report to the Council the background information associated with the s155 review of the Refuse Collection and Disposal Bylaw 2008.

 

Background

2.      On 5 May 2020, the Policy, Finance and Strategy Committee agreed to undertake a Special Consultative Procedure with respect to the Proposed Solid Waste and Waste Minimisation Bylaw (the Proposed Bylaw).  The submissions period ran from 4 August to 25 September.    

3.      There were 39 written submissions received - no one wanted to speak to their submission.  However one submitter (refer Appendix 3, p 97 Submission 2762058) has requested that notes she has prepared be read out on her behalf and this will be done as part of the hearing. The Subcommittee is charged with fully considering the written submissions and making recommendations to the Policy, Finance and Strategy Committee on the final content of the Proposed Bylaw.

Discussion

Submissions analysis

4.      Submitters were invited to respond to eight questions relating to each part of the proposed Bylaw. A strong majority of submitters supported each part of the proposed Bylaw.  The question concerning proposals for waste management at events generated the highest number of comments and the majority of those comments were supportive of the proposed approach. An analysis of submissions and the submission analysis graphs are attached in Appendices 3 and 4. 

Regional themes and recommendations for change

5.      This Proposed Bylaw is being developed in close cooperation with all other councils in the Wellington region, in order to ensure regional consistency, in line with the regional action under Regional Waste Management and Minimisation Plan 2017-23.  

6.      In order to achieve this, most councils in the Wellington Region consulted on their proposed bylaw, based on a regionally developed template, at the same time. Appendix 5 contains a report concerning the feedback received during those consultations, in order to identify regional themes and recommendations for incorporation into council deliberations. 

7.      Officers recommend making a number of minor changes (as identified in Appendix 5) to the proposed Bylaw in order to reflect feedback received.

8.      Note further that any regionally-consistent changes to the interpretation of Event, and to exclusions from licensing requirements, are still being worked through as councils prepare for individual deliberations on their Bylaws, and will be submitted for consideration alongside the other recommendations to the Policy, Finance and Strategy Committee at their meeting on 17 November 2020.

Options

9.      The Hearings Subcommittee can recommend that the Policy, Finance and Strategy Committee either:

a.   approve the Proposed Solid Waste and Waste Minimisation Bylaw as it stands; or

b.   approve the Proposed Solid Waste and Waste Minimisation Bylaw with changes.

Climate Change Impact and Considerations

10.    The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.

11.    As the proposed bylaw would introduce new planning requirements regarding events, and construction and demolition waste activities, it is more likely that this would result in carbon emission reductions (eg by encouraging the avoidance of waste being created in the first place, or by diverting waste from landfill where feasible). 

Consultation

12.    This report is the consequence of the special consultation process undertaken to create the proposed Solid Waste Management and Minimisation Bylaw 2020.

Financial Considerations

13.     Detailed financial implications from any additional work, including resourcing, associated with the assessment of waste minimisation plans, litter control and licensing is yet to be determined.

14.     The proposed Bylaw provides for the licensing of waste collectors and waste operators.  There is a proposed two-year delay to allow the Council, along with other Councils in the Wellington region, to establish an appropriate regional system (and resourcing) to manage applications and data collected.

 

Appendices

No.

Title

Page

1

Statement of Proposal

8

2

Proposed Waste Management and Minimisation Bylaw 2020

26

3

Solid Waste Bylaw Submissions

58

4

Waste Bylaw submission analysis graphs

100

5

Draft solid waste bylaw regional deliberations

101

     

 

 

 

 

 

Author: Graham Sewell

Principal Policy Advisor

 

 

 

 

 

 

 

Reviewed By: Jörn Scherzer

Manager, Sustainability and Resilience

 

 

 

Reviewed By: Wendy Moore

Head of Strategy and Planning

 

 

 

Approved By: Helen Oram

Director Environment and Sustainability

 


Attachment 1

Statement of Proposal

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Attachment 2

Proposed Waste Management and Minimisation Bylaw 2020

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Attachment 3

Solid Waste Bylaw Submissions

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Attachment 4

Waste Bylaw submission analysis graphs

 

 

 


Attachment 5

Draft solid waste bylaw regional deliberations

 

 

Regionally-consistent solid waste management & minimisation bylaw 2020

 

Regional content, themes & recommendations for incorporation into council deliberations reports

 

 

BACKGROUND

 

·      The Wellington Regional Waste Management and Minimisation Plan 2017-2023 (WMMP) was adopted by each council in the Wellington region in 2017, providing for a series of regional and local actions to support the primary goal of reducing the amount of waste to landfill from 600kg per person per year to 400kg by 2026.

 

·      The review, implementation and enforcement of a regionally consistent Solid Waste Management and Minimisation Bylaw (Bylaw) is the primary action for both the regional action plan, and each council’s local action plans.

 

·      Over the last three years, councils in the Wellington region have worked collaboratively to develop a regionally consistent Bylaw to resolve six key issues, construction and demolition waste, waste generated at public events, provision of services at MUDs, unaddressed mail and waste data reporting.

 

·      Each council in the Wellington region has now consulted on the proposed Bylaw, except Wairarapa who will be consulting for 4 weeks opening late October. The Wairarapa have considered the feedback from the rest of the region received through the submissions processes and have incorporated the regionally consistent themes into their statement of proposal for adoption in anticipation of similar feedback from their local community.

 

·      It is the intention that councils will deliberate and adopt their respective Bylaw by the end of February 2021. At the point each Bylaw is adopted it is enforceable except Clause 13 Events (12 months) and Clause 11 Licensing of Waste Collectors and Operators (24 months). Each council will manage the local aspects of the implementation, and the regionally-consistent aspects will be managed by the regional advisor on behalf of the eight councils.

 

RECOMMENDATIONS

 

Below are a list of the recommended changes based on the submissions received and the subsequent discussion at the WMMP Steering Group meeting on 12 October 2020. The specific feedback is broken down in the ‘overview of regional themes’ section of this report. Note that any new text is underlined, and any text that is being recommended for removal has been strikedthrough.

 

Clause 6 Interpretation

 

1.   Note that a flexible licensing approach will not be considered for community-based waste organisations and smaller providers when developing the licensing framework for waste collectors and operators as it is important to have clear standards regarding who is required to be licensed and who isn’t.  However, WMMP SG officers recommend that when developing the regional licensing fees structure, that possible incentives and support for diversion be considered by Councils.

 

2.   Agree to maintain the MUD threshold at 10 or more separately occupied units. 

3.   Note that waste management and minimisation plans will be made available when consent is lodged for events, MUDs and building work that do not meet the thresholds

 

4.   [My understanding from our meeting was that officers agreed to maintain the existing definition of an ‘event’, subject to the minor amendment to remove reference to ‘protests’.]

 

 

5.   Note that each council will ensure that the compliance, monitoring and enforcement of the Bylaw is sufficiently resourced

 

Clause 11 Licensing of Waste Collectors and Operators

 

6.   Agree to exempt charities and not-for-profit organisations from licensing requirements by changing the ‘waste collector’ under Clause 6 Interpretation to:

‘Any person or commercial entity that collects and or transports waste , community groups and not-for-profit organisations) but does not include For clarity, this definition excludes; charities and not-for-profit organisations and individuals who collect and transport waste for personal reasons).’

7.   Note that the diversion of resources from landfill will be considered when developing the waste operator licensing framework

 

Clause 12 Multi-Unit Developments (MUDs)

 

8.   Agree to replace ‘waste management plan’ with 'Waste Management and Minimisation Plan' anywhere it is included in the Bylaw in reference to Multi-Unit Developments

9.   Agree to adjust 12. 1 to

The owner and/or the manager of a multi-unit development must make adequate provision for the management of all waste, and recycling and organic material generated within the premises. This includes arrangements for the regular collection of waste to the satisfaction of Council and the provision of adequate areas for:

(a)        The storage of disposed of or discarded material on the premises from any activity on that premises; and

(b)        The collection of disposed of or discarded material if collection occurs on the premises.

10.  Agree to adjust 12.3 (d) to

How waste generated within the premises is to be minimised employing the waste hierarchy, and the steps to maximise the collection and use of recyclables, organic waste and reusable material

11.  Agree to add ‘Waste hierarchy: as defined by the Act’ to Clause 6 Interpretation

 

12.  Note that as part of the MUD 'Waste Management and Minimisation Plan’ process, the Councils of the Wellington Region intend to work together to develop a waste space storage calculator for the purposes of providing best practice guidance related to the meaning of clause 12.3(b) and the associated requirement to provide ‘an adequate area’ for waste-related storage.

 

Clause 13 Events

 

13.  Agree to adjust 13.1 to

At least 30 working days prior to the commencement of events with 1,000-9,999, and 60 working days prior to the commencement of events in excess of 10,000 10 working days prior to the commencement of an event, the event manager must submit to the Council for approval an Event Waste Minimisation Plan for the event

14.  Agree to remove ‘protest’ from Clause 6 Interpretation of ‘Event’ based on the recommended extension of timeframe for receiving event waste minimisation plans in 13.1, given that protests generally are not planned as far in advance as the other events described

15.  Agree to replace ‘waste management plan’ with ‘Event Waste Minimisation Plan' anywhere it is included in the Bylaw in reference to Events

16.  Agree to adjust 13.2 (c) to

The steps that will be taken to maximise the use of reusable systems, the collection and use of recyclables and other recoverable, reusable or and compostable materials, and an estimate of the diversion of waste and avoidance of waste

17.  Agree to adjust 13.4 to

On completion of the event, if requested by the Council, the event manager must provide the Council with a waste analysis report, which at a minimum, will include a breakdown of:

•           The types of waste generated by the event;

•           The amounts of waste (by type) generated by the event;

•           The amount of waste diverted and avoided; and

•           The waste management facilities used to recover, recycle, treat or dispose of this waste.

 

 

Other feedback

 

18.  Note that future dialogue has been requested at a time that RPH are able and that that can be considered fully at that time.

 


 

REGIONAL RESPONSE STATISTICS

 

·      The Wellington region (excluding Wairarapa) received a total of 241 submissions (HCC: 37; KCDC: 27; PCC:2; UHCC:8; WCC). Each council asked a similar set of questions relating to construction and demolition waste, waste generated at public events, provision of services at MUDs, unaddressed mail and waste data reporting. A summary of the response statistics follows:

 

General support: only two councils asked submitters if they generally supported the proposed Bylaw – Kāpiti and Upper Hutt. There was strong support from Kāpiti submitters at 94%, with Upper Hutt having a lower agreement rate at 62% however the 13% represents only one submitter Earthlink.

 

Clause 11 Licensing of Waste Collectors and Operators: over 68% of submitters from each council either strongly agreed, agreed, or somewhat agreed with the proposed changes for waste operator licensing. Wellington received strong support at 85%. Hutt City had 6 submitters either disagree or strongly disagree representing 18.8%.

 

Clause 12 Multi-Unit Developments (MUDs): over 70% of submitters from each council either strongly agreed, agreed, or somewhat agreed with the proposed changes for MUDs. A portion of submitters remained neutral or skipped this question more so than those that disagreed (7.5% or less).

 

Clause 13 Events: over 80% of submitters from each council either strongly agreed, agreed, or somewhat agreed with the proposed changes for events. A portion of submitters remained neutral or skipped this question more so than those that disagreed (6.1% or less).

 

Clause 14 Construction and Demolition Waste: over 80% of submitters from each council either strongly agreed, agreed, or somewhat agreed with the proposed changes for C&D. A portion of submitters remained neutral or skipped this question more so than those that disagreed, however 4 submitters from Hutt City strongly disagreed, representing 12.1%.

 

Clause 17 Unaddressed Mail and Advertising Material: over 65% of submitters from each council either strongly agreed, agreed, or somewhat agreed with the proposed changes for unaddressed mail advertising and advertising material. Wellington received strong support for this change at 91%. Hutt City had 6 submitters strongly disagree representing 18.8% but generally this was because they disagreed with one or more exclusions rather than the intent of the clause itself.

 

 

Hutt City

Total received: 37

Kāpiti Coast

Total received: 27

Porirua City

Total received: 2

Upper Hutt

Total received: 8

Wellington

Total received: 167

General support

Not asked

96% agree

4% neither agree nor disagree

Not asked

62% agree

13% disagree

25% skipped

Not asked

Clause 11

Licensing of Waste Collectors and Operators

31.3% strongly agree

37.5% agree 12.5% neutral

9.4% disagree

9.4% strongly disagree

Not asked

50% strongly agree

50% agree

Combined with MUD question

60% definitely agree

25% somewhat agree

6% disagree

Clause 12

Multi-Unit Development

36.4% strongly agree

36.4% agree

15.2% neutral

6.1% disagree

6.1% strongly disagree

81% agree

7.5% neither agree nor disagree

3.75% skipped

7.5% disagree

50% strongly agree

50% agree

75% agree

25% skipped

 

(Note: combined MUD & licensing question)

 

72% definitely agree

19% somewhat agree

6% disagree

Clause 13

Events

39.4% strongly agree

39.4% agree

6.1% neutral

6.1% disagree

6.1% strongly disagree

85% agree

7.5% neither agree nor disagree

3.75% skipped

3.75% disagree

50% strongly agree

50% agree

75% agree

12% somewhat agree

13% skipped

66% definitely agree

28% somewhat agree

6% disagree

Clause 14

Construction & Demolition Waste

45.5% strongly agree

36.4% agree 3.0% neutral

3.0% disagree

12.1% strongly disagree

85% agree

7.5% don’t know

3.75% neither agree nor disagree 3.75% skipped

50% strongly agree

50% agree

57% agree

14% somewhat agree

29% skipped

75% definitely agree

19% somewhat agree

6% disagree

Clause 17

Unaddressed Mail & Advertising Material

46.9% strongly agree

18.8% agree 15.5% neutral

18.8% strongly disagree

85% agree

7.5% neither agree nor disagree

7.5% disagree

50% strongly agree

50% agree

Not asked

82% definitely agree

9% somewhat agree

8% disagree

 

OVERVIEW OF REGIONAL THEMES

 

·      The follow section provides an overview of the regional themes that came through from submissions received across the region through their individual submission processes (excluding Wairarapa).

 

Clause 6 Interpretation

 

Stakeholders

 

·      Most of the stakeholders somewhat agreed with the interpretations, asking that in most cases that they be strengthened. This includes better defining what an event is rather than what it’s not, require small events to submit a plan, include sports and indoor events, and called for a lowering of the threshold for both MUDs (>10 units) and building work (>$2 million). There was also a call to revise the interpretation of waste collector and operator.

 

Individual submitters

 

·      Most submitters who commented on this clause also asked for some aspects to be strengthen, or that it wouldn’t properly address the issues and would be difficult to enforce. For licensing, comments were in line with stakeholders around adopting a was made around ensuring a flexible approach is taken for community-based waste organisations and smaller providers.

 

·      For MUDs, the comments related to the threshold of 10 being too high, and queried where existing MUDs fit within this framework. For events, submitters thought the 1,000-person threshold was too high, should include smaller events as well as sports and indoor events. Most that commented on this thought, even if smaller events aren’t mandated to complete a plan, they should be made available and encouraged.

 

Recommendations / proposed changes

 

1.   Note that a flexible licensing approach will be considered for community-based waste organisations and smaller providers when developing the licensing framework for waste collectors and operators

2.   Agree to maintain the MUD threshold at 10 or more separately occupied units

3.   Note that waste management and minimisation plans will be made available when consent is lodged for events, MUDs and building work that do not meet the thresholds

4.   Agree to adjust the interpretation of ‘Event’ to

Any organised temporary activity of significant scale that is likely to create litter and includes (but is not limited to) an organised outdoor or indoor gathering, open-air market, parade, sporting event, protest, festival, concert or celebration. An outdoor event will be considered significant if it has an expected attendance of 1,000 or more people across the duration of the event, whether it be a single or multi-day event. An indoor event will be considered significant if it has an expected attendance of 5,000 or more people across the duration of the event, whether it be a single or multi-day event. For the purpose of this Bylaw ‘event’ excludes:

•           open-aired events that are enclosed within a building or structure (e.g. an open-aired stadium)

•           indoor performances, markets, displays, exhibitions or conferences

•           indoor private functions

•           indoor tasting and sampling activities

•           any regularly occurring recreational activities such as weekly sports events. 

5.   Note that each council will ensure that the compliance, monitoring and enforcement of the Bylaw is sufficiently resourced

 

Clause 7 Controls

 

Stakeholders

 

·      The Joint submission received from Sustainability Trust et al was based on WCC proposed Bylaw controls. They asked for things like strengthening provisions around enforcement, investing in reuse systems, the need for non-regulatory guidance and supports, an express statement for prohibited materials, asking for more detail on size and type of receptacles acceptable at kerbside and some other WCC specific feedback around collection times.

 

Individual submitters

 

·      General support for the proposed controls. Comments were received around the size and types of acceptable receptacles, stricter rules around separation of waste, and controls around compostable packaging mandated in place of single-use plastic.

 

No recommendations / proposed changes

 

Clause 8 General Responsibilities

 

Individual submitters

 

·      One comment received on litter as a result of co-mingled recycling crates, one thought the Bylaw should signal clearer intent around waste reduction, and another thought obligations for residential and commercial should be more clearly distinguished.

 

Clause 11 Licensing of Waste Collectors and Operators

 

Stakeholders

 

·      Most stakeholders agreed with the introduction of region-wide licensing and the need for greater oversight. Some had concerns about it impacting smaller providers and organisations that act as consolidation points. Earthlink made a submission asking to be exempt along with other charities and not-for-profits. One called for it to come into effect sooner than proposed.

 

Individual submitters

 

·      There was general support for the proposed licensing. Some concern that this might impact on the cost to the customer, or questioned the practicality of this. A few comments were received around the current state of rubbish and recycling collection that weren’t necessarily relevant to licensing but can be considered in future discussion. One submitter asked to consider incentivising diversion when developing the licensing framework, another that the Bylaw comes into effect sooner than proposed.

 

Recommendations / proposed changes

 

6.   Agree to exempt charities and not-for-profit organisations from licensing requirements by changing the ‘waste collector’ under Clause 6 Interpretation to:

‘Any person or commercial entity that collects and or transports waste and includes commercial and non-commercial collectors and transporters of waste (such as kerbside collection, community groups and not-for-profit organisations) but does not include excluding; charities and not-for-profit organisations and individuals who collect and transport waste for personal reasons (for example, the owner taking their own household garden waste to a waste management facility).’

7.   Note that the diversion of resources from landfill will be considered when developing the waste operator licensing framework

 

Clause 12 Multi-Unit Developments (MUDs)

 

Stakeholders

 

·      Most of the stakeholders somewhat agreed with the proposal but asked that it be strengthened in parts. Suggest that plans be renamed, that future developments set space aside for organic material. Would like the waste hierarchy to be a consideration in this clause. One called for it to come into effect sooner than proposed.

 

Individual submitters

 

·      Generally supportive comments received. There was a suggestion to include provision for green waste, another of a circular waste economy within complexes. One submitter thought this might discourage development and another thought it should be left to the developer to decide how best to utilise its space. Another disagreed with the exemption allowed for in 12.5a. and asked for the Bylaw to clearly define what ‘adequate storage’ is.

 

Recommendations / proposed changes

 

8.   Agree to replace ‘waste management plan’ with 'Waste Management and Minimisation Plan' anywhere it is included in the Bylaw in reference to Multi-Unit Developments

9.   Agree to adjust 12. 1 to

The owner and/or the manager of a multi-unit development must make adequate provision for the management of all waste, and recycling and organic material generated within the premises. This includes arrangements for the regular collection of waste to the satisfaction of Council and the provision of adequate areas for:

(a)        The storage of disposed of or discarded material on the premises from any activity on that premises; and

(b)        The collection of disposed of or discarded material if collection occurs on the premises.

10.  Agree to adjust 12.3 (d) to

How waste generated within the premises is to be minimised employing the waste hierarchy, and the steps to maximise the collection and use of recyclables, organic waste and reusable material

11.  Agree to add ‘Waste hierarchy: as defined by the Act’ to Clause 6 Interpretation

12.  Note that as part of the MUD 'Waste Management and Minimisation Plan’ process, a calculator or calculation will be made available to indicate the amount of space that could be put aside for storage of rubbish, recycling and organic material

 

Clause 13 Events

 

Stakeholders

 

·      Most of the stakeholders somewhat agreed with the proposal but asked that it be strengthened in parts. Suggest that plans be renamed, that the date for submitting plans is reconsidered, that equipment to support prevention is included in 13d, that post-event waste analysis reports are made mandatory, that the estimated amount of waste avoided should be included in the plan, and that it comes to effect sooner than proposed.

 

Individual submitters

 

·      Strong support for the proposal. Some made comments about the need for council support to ensure compliance. The ’10 days before an event is held’ was questioned by a few submitters, as well as the model itself that is encouraging recycling as this isn’t sustainable. Supportive comments across councils for mandatory post-event waste analysis reports.

 

Recommendations / proposed changes

 

13.  Agree to adjust 13.1 to

At least 30 working days prior to the commencement of events with 1,000-9,999, and 60 working days prior to the commencement of events in excess of 10,000 10 working days prior to the commencement of an event, the event manager must submit to the Council for approval an Event Waste Minimisation Plan for the event

14.  Agree to remove ‘protest’ from Clause 6 Interpretation of ‘Event’ based on the recommended extension of timeframe for receiving event waste minimisation plans in 13.1, given that protests generally are not planned as far in advance as the other events described

15.  Agree to replace ‘waste management plan’ with ‘Event Waste Minimisation Plan' anywhere it is included in the Bylaw in reference to Events

16.  Agree to adjust 13.2 (c) to

The steps that will be taken to maximise the use of reusable systems, the collection and use of recyclables and other recoverable, reusable or and compostable materials, and an estimate of the diversion of waste and avoidance of waste

 

 

17.  Amend 13.2(d):  The equipment to be provided for any ‘reusable system’, and for the storage, collection…. [

 

18.  Agree to adjust 13.4 to

On completion of the event, if requested by the Council, the event manager must provide the Council with a waste analysis report, which at a minimum, will include a breakdown of:

•           The types of waste generated by the event;

•           The amounts of waste (by type) generated by the event;

•           The amount of waste diverted and avoided; and

•           The waste management facilities used to recover, recycle, treat or dispose of this waste.

 

Clause 14 Construction and Demolition Waste

 

Stakeholders

 

·      General support with a couple of comments asking that 14 be amended to make it clear building work includes refurbishments. There is a request to consider another means of triggering the need for a plan – such as a combination of value and type. Another stakeholder thought it unacceptable to not include diversion targets in plans.

 

Individual submitters

 

·      General support for the proposal. Comments made that it should include all building work to make any real impact, that changes would need to be supported through education, and that there should be additional requirements for separating material. Another thought it was more red tape.

 

Clause 17 Unaddressed Mail and Advertising Material

 

Individual submitters

 

·      Strong support for this proposal. Some submitters thought political advertising should be removed as an item in 17.2.

 

Other feedback

 

·      Regional Public Health submitted that at this time they did not have resource to make a submission on the consultation but requested that councils are open to future dialogue.

 

Recommendations / proposed changes

 

19.  Note that future dialogue has been requested at a time that RPH are able and that that can be considered fully at that time