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Waste Minimisation Act 2008

Waste disposal levy - Regulations in relation to waste disposal levy and related matters

41: Regulations in relation to waste disposal levy and related matters

You could also call this:

"Rules about paying for waste disposal"

Illustration for Waste Minimisation Act 2008

The Governor-General can make rules about waste disposal levies. You need to know that these rules can decide which facilities have to pay the levy and which ones do not. The rules can also set the amount of the levy and how it is paid. The Minister must get advice from the Waste Advisory Board and talk to people who will be affected by the rules before recommending them. The Minister must also think about the costs and benefits of the rules. The rules are a type of law called secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019. Some rules must be confirmed by an Act, as explained in subpart 3 of Part 5 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154618.

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Part 3Waste disposal levy
Regulations in relation to waste disposal levy and related matters

41Regulations in relation to waste disposal levy and related matters

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:

    Imposition of levy

  2. prescribing any facility, or class of facility, at which waste is disposed of as a disposal facility for the purposes of this Act:
    1. specifying any disposal facility, or class of disposal facility, that is exempt from the levy:
      1. specifying the type, volume, or weight of any waste that is exempt from the levy, whether generally or in respect of 1 or more disposal facilities:

          1. Rate of levy

        1. specifying that a single levy rate applies, or different levy rates apply, to different disposal facilities, classes of disposal facility, or types of waste:
          1. prescribing the rate of levy to apply to—
            1. 1 or more disposal facilities or classes of disposal facility; or
              1. 1 or more types of waste:

                2. Calculation and payment of levy

              2. prescribing the manner in which the amount of levy payable by the operator of a disposal facility is calculated:
                1. prescribing the manner in which, and the times at which, the operator of a disposal facility must pay the levy:
                  1. specifying when the operator of a disposal facility may be allowed more time to pay the levy, and any conditions that may apply to the payment:
                    1. allowing an operator who objects on conscientious or religious grounds to paying the levy in the prescribed manner to pay it in another manner:
                      1. prescribing the manner in which a levy collector may estimate the amount of levy payable by the operator of a disposal facility:

                          1. Distribution and spending of levy money

                        1. providing for the refund of all or part of a payment of levy money in any specific case or type of case:
                          1. prescribing the manner in which, and the times at which, the Secretary must pay a share of levy money to a territorial authority:

                              1. Miscellaneous

                            1. providing for any other matter contemplated by this Part.

                              1. Before recommending the making of regulations under subsection (1)(a), (b), (c), (d), or (e), the Minister must—

                              2. obtain and consider the advice of the Waste Advisory Board; and
                                1. be satisfied that there has been adequate consultation with persons or organisations who may be significantly affected by the regulations; and
                                  1. consider the costs and benefits expected from implementing the regulations.

                                    1. The Minister must not recommend the making of regulations under subsection (1)(b), (c), or (k) unless he or she is satisfied that exceptional circumstances justify the exemption or refund.

                                    2. Regulations under this section—

                                    3. are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                                      1. if they are made under subsection (1)(e), must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

                                        1. Repealed

                                        2. Repealed
                                        Notes
                                        • Section 41(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                        • Section 41(4): repealed, on , by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).
                                        • Section 41(5): repealed, on , by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).