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Waste Minimisation Act 2008

Waste disposal levy - Levy must be paid

29: Waiver of levy payment

You could also call this:

"When someone doesn't have to pay a waste levy due to special circumstances."

Illustration for Waste Minimisation Act 2008

The Secretary can decide not to make an operator pay a levy if they think there are exceptional circumstances that make it fair. They can also decide not to make an operator pay a levy if it is reasonable to do so when dealing with waste from a contaminated site that is being cleaned up. You can find out more about the reasons for this decision in the purposes of the Waste Minimisation Act, which are set out in section 3.

If the Secretary decides not to make an operator pay a levy when dealing with waste from a contaminated site, they can add conditions to this decision. These conditions must be consistent with the purposes of the Waste Minimisation Act. The Secretary must write down their decision and any conditions they add.

The Secretary's decision to add conditions is based on what is written in the Act, and they must follow the rules set out in the Act when making their decision.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154596.

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28: Operator of disposal facility must pay levy to levy collector, or

"Disposal facilities must pay a waste levy to the collector."

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30: Secretary must distribute and spend levy money, or

"The government collects levy money and uses it to help the environment and manage waste."

Part 3Waste disposal levy
Levy must be paid

29Waiver of levy payment

  1. The Secretary may waive, in writing, the requirement for an operator to pay any amount of levy if satisfied—

  2. that exceptional circumstances justify the waiver; or
    1. that it is reasonable to do so in relation to waste from the remediation of a contaminated site.

      1. When a waiver is granted under subsection (1)(b), the Secretary may impose, in writing, conditions on the waiver that are consistent with the purposes of this Act set out in section 3.

      Notes
      • Section 29: replaced, on , by section 8 of the Waste Minimisation (Waste Disposal Levy) Amendment Act 2024 (2024 No 21).