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Local Government (Water Services) Act 2025

Provision of water services: operational matters - Trade waste discharges - Trade waste permits

190: Bylaw may authorise making trade waste permits

You could also call this:

"Councils can create rules to allow businesses to dispose of trade waste with a special permit."

Illustration for Local Government (Water Services) Act 2025

A territorial authority can make a bylaw that lets them give out trade waste permits. You can think of a trade waste permit like a special permission to dispose of waste from a business. The territorial authority or a water service provider can charge fees for these permits. They can also set rules that you must follow when you have a trade waste permit, like how to store or handle the waste. You can find more information about how they make these rules in section 258(1)(b).

The rules can include things like notifying the authority if you accidentally discharge waste, or limits on how much waste you can discharge. They can also require you to measure or monitor the waste, or to get it tested in a laboratory. You might need to keep records of the waste, or let the authority inspect your premises. If you do not follow the rules, you might have to pay a penalty fee.

A trade waste permit cannot go against any environmental standards set by the government, like those made under section 138 of the Water Services Act 2021. The permit can only let you discharge waste into a wastewater network from specific premises or vehicles. Before you discharge waste, you might need to meet certain requirements or conditions, like treating the waste first. The authority can only set these requirements if they are necessary to protect the wastewater network or to help the water service provider meet its reporting obligations, as outlined in subpart 3 of Part 4.

The authority can make different rules for different types of trade waste. This means that businesses that produce different kinds of waste might have to follow different rules when it comes to disposing of that 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=LMS1004618.

Topics:
Government and voting > Local councilsEnvironment and resources > Food and water safetyBusiness > Industry rules
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189: Review of trade waste discharge plan and trade waste bylaws, or

"Checking and updating rules for dealing with trade waste in your area"

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191: Internal review of decision to decline trade waste permit, or

"Checking a decision to say no to a trade waste permit"

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

190Bylaw may authorise making trade waste permits

  1. A trade waste bylaw made under section 258(1)(b) may authorise the territorial authority (or a water service provider that provides wastewater services in the territorial authority’s district) to grant and administer trade waste permits (including charging fees for permits).

  2. A trade waste bylaw may authorise the territorial authority or the water service provider to specify any requirements, conditions, and limits in a trade waste permit that the territorial authority or the water service provider considers appropriate for a person to comply with in specified circumstances, including (without limitation) 1 or more of the following:

  3. requirements relating to the storage, handling, treatment, or discharge of trade waste:
    1. notification requirements (for example, notification requirements relating to unintended or accidental discharge of trade waste, whether into a wastewater network, a stormwater network, or the environment):
      1. volumetric requirements, conditions, or limits:
        1. contaminant requirements, conditions, or limits:
          1. treatment requirements or conditions:
            1. measurement or monitoring requirements:
              1. laboratory testing requirements:
                1. qualification, training, or supervision requirements:
                  1. requirements relating to unique identifiers (for example, a code that enables an entity to identify particular trade waste premises or a vehicle used to transport trade waste):
                    1. record-keeping, audit, and inspection requirements:
                      1. a requirement to pay a fee or a charge, including a penalty fee that may be imposed if a permit holder does not comply with the terms of their permit.

                        1. A trade waste permit must not be inconsistent with any relevant wastewater environmental performance standard made under section 138 of the Water Services Act 2021.

                        2. A trade waste permit may only authorise trade waste to be discharged into a wastewater network—

                        3. from trade waste premises specified in the permit; or
                          1. by a person, specified in the permit, that transports trade waste.

                            1. A trade waste permit may specify requirements, conditions, and limits that the permit holder must satisfy before discharging trade waste into a wastewater network or transporting trade waste.

                            2. However, a trade waste permit may specify requirements, conditions, and limits only if—

                            3. they are consistent with this Act and the relevant trade waste discharge plan; and
                              1. they are necessary to—
                                1. protect the wastewater network; or
                                  1. enable a water service provider in the territorial authority’s district to meet its reporting obligations under subpart 3 of Part 4.

                                  2. A trade waste bylaw may authorise permits that specify different requirements and conditions for different types of trade waste.