THE CORPORATION OF THE CITY OF WHYALLA
By-Law made under the Local Government Act 1999
By-law No.10 – Waste Management
To regulate and control the removal of household waste from premises, for the prevention
and suppression of nuisances, for regulating the management of Council property and in
particular Council landfill sites.
1.
2.
Definitions
1.1
‘Council landfill sites’ means any land used by the Council or its agents for the
purposes of disposing of Municipal Domestic/ Industrial Waste
1.2
‘Domestic Waste’ means all house, garden and kitchen wastes, but excludes
liquids, manure, metals (other than food containers), effluent, sewage, stones
and bricks, soil and wood.
1.3
‘Hard Waste’ means any prescribed household item as identified by the
Council’s hard waste collection service guidelines, which is not suitable for
disposal through the general kerbside waste collection service.
1.4
‘Occupier’ has the same meaning as in the Local Government Act 1999.
1.5
‘Permission’ means a general permission given by the Council by notification
from time to time to occupiers of premises in writing by delivery to letterbox or
postbox, and which may contain conditions to which the grant of permission is
subject.
1.6
‘Recyclable Materials’ means waste of a kind collected by the Council for the
purpose of being recycled or reused, and includes glass, paper products,
cardboard, plastics, ferrous and non-ferrous metals.
1.7
‘Waste’ means domestic waste, recyclable materials and other waste rubbish
and refuse.
1.8
’Instruction’ means a verbal direction given by an authorised officer of the
Council, or a person employed at a Council landfill site.
Rubbish and Non-Depositing Waste
An Occupier must not put Domestic Waste, Hard Waste or Recyclable Materials on the
street, Road, or public place except in accordance with this by-law or otherwise with the
permission of the Council
3.
Waste Collection Service
An Occupier of premises may put Domestic Waste and Recyclable Materials out for
collection by the Council or its contractors provided that:
3.1
the domestic waste and recyclable materials are contained within a waste
container or containers of a kind approved by the Council;
3.2
the number of waste containers used does not exceed the number permitted by
the Council; and
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3.3
4.
the waste items / recyclable materials are placed as required by the Council
and advised in writing from time to time.
General Waste Container Types
Waste containers approved by the Council shall be a watertight mobile garbage bin of
rigid plastic having a maximum capacity of 140/240 litres with a hinged lid that when
closed keeps the bin rain and fly-proof and which is designed in such a way as to allow
it to be mechanically lifted from the position in which it was placed for emptying by
apparatus on trucks employed by the Council or its contractors in the removal of
rubbish.
5.
Obligations of Occupiers
Every Occupier of a premises must:
5.1
5.2
Containers
5.1.1
provide and keep thereon a sufficient number of containers for the
reception of Domestic Waste; and
5.1.2
maintain any waste container used for the collection of Domestic
Waste in good repair, with a close fitting lid and in a clean, watertight
and sanitary condition;
Sealing of Container
cause the waste container to be continuously and securely covered or sealed
except when the waste is being deposited in or removed from the same;
5.3
Damage
forthwith arrange for the replacement or repair of the waste container when the
same becomes damaged or worn to the extent that either:
5.4
5.3.1
it is not robust or watertight;
5.3.2
it is unable to be moved on its wheels (if any) efficiently when empty
or full;
5.3.3
the lid does not seal the container when closed; or
5.3.4
its efficiency or use is otherwise impaired;
Waste
not place any waste in a waste container for collection by the Council or its
contractors other than waste for which that container is to be used as advised
in writing by the Council from time to time. Items placed in a container other
than that specified by the Council will be regarded as prohibited and must be
disposed of as the Council directs;
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5.5
Collecting Services
facilitate the collection and removal of waste from the premises, on the day of
or the night before (and not before these times), and prior to the time appointed
by the Council for the collection of waste from those premises, place all waste
containers containing waste for collection in a position:
5.6
5.5.1
on the street in front of and on the same side as those premises,
abutting the edge of (but not on) the carriageway and positioned so
that the side of the containers on which the wheels are situated faces
those premises that the lids on the containers are completely shut,
being accessible to a vehicle used in the collection of waste by the
Council, it’s agents, contractors or delegates; or
5.5.2
as approved by the Council; and
Removal of Container
Remove the waste container from that position on the same day after the
collection of waste has occurred.
6.
Recyclable/Hard Waste Collection
No person shall place out for collection on any public street or road any Domestic
Waste, Recyclable Materials or Hard Waste, except in accordance with the permission
of the Council.
7.
Unlawful Removal of Waste
A person must not, without permission, take or interfere with any Domestic Waste or
Recyclable Materials that have been left in a place for the apparent purpose of
collection by the Council, its contractors, agents or delegates.
8.
Council Landfill Sites
8.1
A person wishing to dump or deposit waste material must follow the instructions
or directions given at the Council landfill site.
8.2
A person intending to dump or deposit waste material must deposit the waste
material only in the areas designated by a sign or signs or an instruction given
at the Council landfill site.
8.3
A person present on a Council landfill site must at all times follow the instructions
given or a sign or signs for the reasons of safety or waste management.
8.4
Instructions must be complied with, or a sign or signs complied with before
depositing or dumping any waste material on a Council landfill site.
8.5
A person must pay the correct fee to dump or deposit waste and shall not falsify
or misrepresent the nature of the waste material presented at a Council landfill
site.
8.6
A person shall not remove any material, be it waste or otherwise from a Council
landfill site except where permission has been obtained by instruction or a sign
or signs.
8.7
A person must not abuse, threaten or harass in any way any employee, or
authorised officer of the Council at a Council landfill site.
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This foregoing by-law was duly made and passed at a meeting of the Corporation of the City
of Whyalla held on the
day of
2007, by an absolute majority of the
members for the time being constituting the Council, there being at least two-thirds of the
members present.
……………………………………
Mr Phil Cameron
Chief Executive Officer
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