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Waste Minimisation Act 2008

Waste disposal levy - Minister’s functions in relation to levy

38A: Criteria for funding management of emergency waste and repair or replacement of waste management and minimisation infrastructure

You could also call this:

"Rules for funding emergency waste clean-up and fixing damaged waste systems"

Illustration for Waste Minimisation Act 2008

The Minister can decide how to spend some money from a levy by setting rules in the Gazette. You can find out more about this in section 30(1)(c)(v). The Minister can make rules about what types of costs and waste management will be paid for.

When the Minister makes these rules, they must think about whether dealing with emergency waste is necessary to keep people and the environment safe. They also need to consider if a local council has enough resources to manage emergency waste or fix damaged waste management systems. The Minister will look at the national civil defence emergency management plan made under section 39 of the Civil Defence Emergency Management Act 2002.

The Minister can also think about other things that might be relevant when making these rules. If the Minister makes a notice about this, it is considered secondary legislation, which has its own set of rules for publication, as outlined in Part 3 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=LMS972797.

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"The Minister can help pay for projects that reduce waste or clean up polluted areas."

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"The Minister checks if the waste levy is helping reduce New Zealand's waste."

Part 3Waste disposal levy
Minister’s functions in relation to levy

38ACriteria for funding management of emergency waste and repair or replacement of waste management and minimisation infrastructure

  1. The Minister may, by notice in the Gazette, set or vary criteria for spending levy money under section 30(1)(c)(v).

  2. The criteria may include—

  3. types of costs and types of waste management and minimisation infrastructure that will be funded:
    1. limits on the funding of costs:
      1. identification, in relation to an emergency, of things that are emergency waste, and whose management will be funded.

        1. Before setting or varying criteria, the Minister—

        2. must consider—
          1. whether managing emergency waste is reasonably necessary to address a risk to public health or the environment; and
            1. whether managing emergency waste, or repair or replacement of waste management and minimisation infrastructure, or both activities, is likely to be beyond the resources of a local authority; and
              1. the national civil defence emergency management plan made under section 39 of the Civil Defence Emergency Management Act 2002; and
              2. may consider any other matters that they think relevant.

                1. A notice made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes