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Local Government (Water Services) Act 2025

Provision of water services: operational matters - Trade waste discharges - Trade waste discharge plans

187: Bylaws proposed or recommended in trade waste discharge plan

You could also call this:

"Rules for trade waste permits: what you can and can't do"

Illustration for Local Government (Water Services) Act 2025

If a trade waste discharge plan suggests a new bylaw, the territorial authority must think about it and make the bylaw if it fits with this Act and other laws. You need to know that the territorial authority makes a trade waste bylaw under section 258. A proposed bylaw can cover things like what you can and can't do with a trade waste permit.

A bylaw can say what activities need a permit and what activities are not allowed. It can also say what restrictions apply to certain activities and what activities are completely banned. The territorial authority can decide how it will issue permits over five years and what rules will apply to different types of trade waste.

The authority can also decide what qualifications and training you need to get a permit. It can set fees for permits and decide how to review or cancel them. If you want to discharge trade waste, you may need to apply for a permit and pay a fee.

The territorial authority can make rules about how permits are issued and what a water organisation's role is. You can find more information about how the territorial authority makes bylaws in section 258. The authority must follow the rules when making a bylaw about trade waste.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004613.

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Environment and resources > Food and water safetyGovernment and voting > Local councils
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186: Territorial authority must consult on proposed trade waste discharge plan, or

"Councils must talk to people before making a plan for dealing with trade waste"

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188: Territorial authority must consult on proposed or recommended trade waste bylaw, or

"Councils must talk to people before making rules about trade waste"

Part 3Provision of water services: operational matters
Trade waste discharges: Trade waste discharge plans

187Bylaws proposed or recommended in trade waste discharge plan

  1. If a trade waste discharge plan includes a proposal or a recommendation for the territorial authority to make a trade waste bylaw, the territorial authority must—

  2. consider the proposal or the recommendation; and
    1. make the trade waste bylaw if satisfied that the bylaw would be consistent with this Act and other enactments related to making bylaws.

      1. A trade waste bylaw under subsection (1) is made under section 258.

      2. A proposal or recommendation may be for a trade waste bylaw that specifies 1 or more of the following matters:

      3. the activities that may be performed by a person who holds a trade waste permit:
        1. the activities that a person must not perform without a trade waste permit:
          1. the activities that will be subject to restrictions under a trade waste permit:
            1. activities that are prohibited (for which a trade waste permit will not be issued):
              1. the territorial authority’s intended approach—
                1. to issuing trade waste permits over a 5-year period, including the approach to classes of trade waste, trade waste premises, and trade waste carriers:
                  1. to determining the requirements, conditions, and limits that are to apply to different classes of trade waste under trade waste permits:
                    1. to determining the qualification, training, and supervision requirements that are to apply to persons who are granted trade waste permits:
                      1. to determining the considerations that are to apply when the territorial authority sets fees or charges in relation to trade waste permits:
                      2. that an owner or operator of trade waste premises who wishes to discharge trade waste into a wastewater network must—
                        1. apply for a trade waste permit to discharge the trade waste; and
                          1. pay a fee with the application:
                          2. requirements for a trade waste permit to be reviewed, varied, revoked, or transferred:
                            1. the process by which the territorial authority will issue trade waste permits:
                              1. the role of a water organisation in administering or enforcing the bylaw.