Part 13 - Environmental Protection 2008
Explanatory note
This bylaw aims to protect both the outdoor and
indoor environments used by citizens and visitors to the city.
The prevention of air, water and soil pollution is a primary aim. This
bylaw includes protection from nuisances caused by litter, offensive
materials, animal pests, insects, dampness, burglar alarms and
the indiscriminate use or placing of artificial lighting. It requires
commercial, industrial and residential properties, theatres,
halls and churches to be well maintained in a sound and sanitary
condition. An obligation is placed upon users of chemicals or other
contaminants to store, use and dispose of such chemicals so that
any spillage or disposal or use of such substances will not cause
water or soil pollution or affect any sewage treatment process.
The bylaw incorporates provisions from the now
repealed Refuse Landfill Development Controls bylaw 1998. These
provisions outline the procedure required when any development, construction,
remediation or earthworks is proposed to take place on closed
landfills.
Notes in italics are not parts of this bylaw, but
are intended to explain the contents of the bylaw or give further
information on matters within the bylaw.
Contents
13.1 General
13.2 Litter and pollution
13.3 Contaminated Land and Refuse Landfill Development
Control
13.4 Maintenance of premises
13.5 Lighting
13.6 Intruder Alarm systems
13.1 General
13.1.1
In this bylaw unless the context requires
otherwise:
Added illuminance means that illuminance added by
the use of the artificial lighting in question to the background lighting
level in the absence of that artificial lighting.
Animal means any living stage of any member of the
animal kingdom except human beings; and in the case of any mammal, bird,
fish or reptile includes the carcass.
Contaminant means any substance (including gases,
odourous compounds, liquids, solids and micro-organisms) or energy (excluding
noise) or heat, that either by itself or or in combination with the
same, similar or other substances, energy or heat:
- when discharged into water, changes
or is likely to change the physical, chemical or biological condition
of water; or
- when discharged onto or into land or into
air, changes or is likely to change the physical, chemical, or biological
condition of the land or air onto or into which it is discarged;
and contaminate has an equivalent meaning.
Contaminated land means land of one of the following
kinds:
- if there is an applicable national
environmental standard on contaminants in soil, the land is more contaminated
than the standard allows; or
- if there is no applicable national environmental
standard on contaminants in soil, the land has a hazardous substance
in or on it that-
- has significant adverse effects on
the environment; or
- is reasonably likely to have significant
adverse effects on the environment.
Intruder alarm system means any device, apparatus,
system or installation for the purpose of giving audible warning of
any unauthorised entry to a building or a vehicle.
Metropolitan Urban Limits means the metropolitan urban
limits that are delineated on map series 1, sheets 1-20 of the Auckland
Regional Policy Statement.
Nuisance means the same as in section 29 of the Health
Act 1956.
Owner means in relation to any land or premises the
person for the time being entitled to receive the rent of the land or
premises, whether on his or her own account or as an agent of or trustee
for any other person, or who would be so entitled if the land or premises
where let at a rent; and owner includes any person for the time being
registered under the Land Transfer Act 1952 as the proprietor of the
land or premises.
Pollution means making air, land or water:
- contaminated by changing its physical
or chemical condition;
- unclean, noxious or impure.
13.1.2
Definitions of other terms used in this
bylaw may be found in council's Admistration bylaw.
13.2 Litter and pollution
Depositing litter and contaminants
13.2.1
A person shall not themselves, or allow
another person to, deposit, accumulate or bury, any litter, or contaminant
on any land not set aside for such purpose by the council unless in
doing so sufficient precautions are taken to prevent pollution, or the
creation of a nuisance, or anything offensive or likely to be injurious
to health.
13.2.2
A person shall not:
- Without statutory approval deposit
in or adjacent to or discharge into any drain, gutter, channel, sewer,
stream, watercourse or other body of water any litter or contaminant
which may:
- Damage any drain, sewer, pumping equipment,
or treatment plant or interfere with the treatment of any wastewater;
- Pollute any drain, sewer, stream, watercourse,
or other body of water;
- Interfere with the free flow of any drain,
sewer, stream, watercourse, or other body of water;
- Without statutory approval deposit any sewage,
animal remains, or offensive matter onto any land or into any body of
water or open drain;
- Cause, permit or suffer any litter or thing
to remain or be kept on any land in such a manner to attract, harbour
or promote the breeding of rodents, flies, cockroaches, mosquitos or
other vermin on any premises;
13.2.3
Food premises shall install a grease trap,
which is sized appropriately, and shall establish and adhere to a maintenance
plan to the satisfaction of the environmental health officer. Food
premises has the same meaning as that found in the Food Hygiene Regulations
1974.
13.2.4
An authorised officer may require any person
to do anything reasonably necessary to eliminate or reduce any nuisance
or prevent it occurring in the future. This may include requiring the
owner or occupier of the property to:
- Abate any nuisance in any premises
or yard.
- Remove or cover anything that is or could
cause a nuisance in breach of clauses 13.2.1 or 13.2.2.
- Drain or treat any stagnant or impure water,
which has collected on any property
Note that outdoor fires (fires in the open air)
are controlled by the requirements of the proposed Auckland Regional
Plan: Air, Land and Water. In urban areas this prevents outdoor burning
except for cooking and eating, allowing only barbeques, umus,
hangis and domestic smokehouses and other ethnic cooking fires
and braziers and outdoor heaters, but excludes large fires such as bonfires.
See proposed rules 4.5.10 - 4.5.17 in that plan.
The discharge of smoke from home heating fires
is also a matter controlled by the proposed Auckland Regional
Plan: Air, Land and Water and the standards for new home heating fires
in a national environmental standard. Complaints about fires
should be directed to Auckland Regional Council.
13.3 Contaminated Land and Refuse Landfill Development Control
Development, remediation and other activities
on contaminated land are regulated by Auckland City Council’s
district plans. However, contaminated soil or landfill material can
be unexpectedly encountered on sites that were not known, or
thought likely, to be contaminated. Such activities may therefore
be undertaken in a manner that does not comply with relevant permitted
activity rules, or are not authorised by necessary statutory
approvals.
The purpose of this bylaw is to enable the
council to manage the immediate risks to public health and safety
from the disturbance of unanticipated contaminated soil or landfill
material during works on a site such as earthworks. Actions
may include requiring the activity to cease and for the land
owner/occupier to undertake immediate health protection measures such
as isolation of unearthed contaminants, or for the council to
undertake these necessary measures should the owner/occupier
default.
13.3.1
Where contaminated land or landfill material
is encountered during the course of works, and disturbance of that contaminated
land or landfill material is not expressly allowed as a permitted activity
in the district plan and any proposed district Plan or a land use consent
or designation, the owner or occupier shall ensure that:
- the works cease (subject to (c) below);
- the council is informed immediately; and
- immediate measures are implemented to protect
the health and safety of persons and the environment;
until the district plan requirements are met
or relevant resource consents are obtained or, in the case of a designation,
the potential adverse environmental effect is mitigated or avoided
13.3.2
An authorised officer may, if satisfied
that any work is being carried out in contravention of this bylaw, by
notice in writing given to the person carrying out the work, require
its immediate cessation or the implementation of such preventative measures
necessary to protect the health and safety of persons and the environment.
13.4 Maintenance of premises
Paving of yards
13.4.1
The owner of any premises having a yard,
passage or open space shall, where it is necessary to prevent or remedy
an insanitary condition, pave such yard upon receiving a notice from
an authorised officer. Such paving shall be concrete, bitumen, tar,
asphalt or other hard, durable, and impervious material evenly and closely
laid and sloped to a properly constructed channel and sludge trap, cesspit
or other approved drainage system to carry off all sludge rain or wastewater.
Note: the amount of paving or impervious surfaces
on a site may be controlled by district plan rules.
Cleanliness/ repair of residential/commercial/
industrial properties
13.4.2
The owner and occupier of every residential
building and every building used for commercial or industrial purposes
shall keep and maintain the building in a sound sanitary and weather-proof
condition, good tenantable order and repair, both externally and internally,
and free from rodents, flies, cockroaches, mosquitos or other vermin
and dampness.
13.4.3
The owner and occupier of every residential building
and every building used for commercial or industrial purposes and the
site associated with such building shall maintain all plumbing and drainage
work, sanitary appliances and conveniences and domestic equipment on
the property in good working order and condition.
13.4.4
The owner and occupier of every residential
building and every building used for commercial or industrial purposes
(whether erected before, on, or after the date upon which the this bylaw
came into force) and the site associated with such building which does
not comply with the requirements of clauses 13.4.2 or 13.4.3 shall upon receipt of a written notice signed
by an authorised officer specifying such repairs, works or other things
to be done as may be necessary to make the building or the site comply
with this clause, comply with the written notice.
Maintenance/ cleaning of theatres/halls
13.4.5
The owner, licensee, lessee, manager or
person in charge of any stadium, theatre, cinema, hall, church, clubroom
or other place of public assembly shall keep such place maintained in
good order and repair, thoroughly cleaned, well ventilated, water proof,
and disinfected to the satisfaction of an authorised officer.
13.4.6
The owner and occupier of any land shall
remove any derelict motor vehicle, caravan or trailer which in the opinion
of an authorised officer detracts from the amenities of the neighbourhood
or which may create harbourage for rodents, flies, cockroaches, mosquitos
or other vermin.
13.5 Lighting
Spill lighting
13.5.1
A person shall not use on any premises
between the hours of 7am to 10pm any artificial lighting so as to cause
an added illuminance in excess of 100 lux, measured horizontally or
vertically at any point on or directly above the boundary of any adjacent
land which is zoned residential, in a residential precinct or land unit,
or used for residential purposes.
Lighting hours
13.5.2
A person shall not use on any premises
between the hours of 10pm on one day and 7am on the next day, any artificial
lighting so as to cause an added illuminance in excess of 10 lux measured
horizontally or vertically at any point on or directly above any adjacent
boundary of any adjacent land which is zoned residential, in a residential
precinct or land unit or used for residential purposes.
13.5.3
A person shall not use on any premises between dusk
and dawn any artificial lighting so as to cause an added illuminance
in excess of 50 lux measured horizontally or vertically at any point
on or directly above a street kerbline or the edge of the roadway where
the kerb has been moved to create a vehicle parking area or bus or taxi
stopping bay. Notwithstanding this requirement, artificial lighting
arising from Ports of Auckland Limited operations shall not exceed an
added illuminance of 50 lux measured horizontally or vertically at any
point on or directly above the kerbline:
- On the western side of Brigham Street
or the southern side of Jellicoe Street, Quay Street or Tamaki Drive
for any artificial lighting arising from the Port of Auckland;
- On the northern side of Onehunga Harbour
Road for any artificial lighting arising from the Port of Onehunga.
Exterior lighting to limit glare
13.5.4
The exterior lighting on any property adjacent
to a road or adjacent to land on which there is a residential use shall
be so selected, located, aimed, adjusted and screened as to ensure that
glare resulting from the lighting does not cause an unreasonable and
appreciable level of discomfort to any persons. The standards of Tables
2.1 and 2.2 of Australian Standards AS 4282 - 1997 (Control of the Obtrusive
Effects of Outdoor Lighting) may be used to determine glare and discomfort.
13.5.5
In circumstances where measurements of
any added illuminance cannot be made due to the fact that the owner
will not turn off artificial lighting, measurements may be made in areas
of a similar nature which are not affected by the artificial light.
The result of these measures may be used for the purposes of determining
the effect of the artificial light.
Exemptions
13.5.6
Where an authorised officer is satisfied
that compliance with clauses 13.5.1, 13.5.2, 13.5.3, or 13.5.4 would be unreasonable, impractical or without
benefit to the occupiers of adjacent land or in the case of clause 13.5.4 of little benefit to road users or neighbouring
properties the authorised officer may grant an exemption in whole or
in part with such modifications or conditions as may be appropriate.
13.6 Intruder alarm systems
Time limiter on alarms
13.6.1
An intruder alarm system must be fitted
with a control mechanism which ensures that the alarm system does not
sound for a period exceeding 10 minutes, and automatically resets correctly
after the period of sounding.
13.6.2
A person who is the owner, occupier, or authorised
agent of the owner of any building or vehicle shall not cause or permit
the installation in that building or vehicle of an intruder alarm system
or cause or permit an alarm system to remain installed in that building
unless:
- In the case of a building or vehicle, the intruder
alarm system complies with clause 13.6.1; or
Alternative alarm time limitation
- In the case of a building, the owner or
occupier has made arrangements alternative to the provisions contained
in clause 13.6.2(a) to ensure that the alarm system does
not sound for a period exceeding 15 minutes. Any alternative shall
be to the satisfaction of an authorised officer;
Contact telephone numbers
- In the case of a building, two contact phone
numbers are displayed on the property where the alarm is situated in
a position where they can be easily found and read by any authorised
officer of the council visiting the site. Alternative arrangements
may be made to the satisfaction of an authorised officer.
Maintenance of alarms and control mechanisms
13.6.3
No person who is the owner or occupier
or authorised agent of the owner of any building in which an intruder
alarm system is installed shall operate such alarm system and/or control
mechanism unless such equipment is fitted and maintained in a proper
and adequate manner and to the satisfaction of an authorised officer
and so that it continues to adhere to clauses 13.6.1 and 13.6.2.
Operational efficiency of alarm systems
13.6.4
No person who is the owner or occupier
of any building and who has made alternative arrangements in accordance
with the provisions of clause 13.6.2(b). shall operate an intruder alarm
system to which these arrangements apply unless that person has properly,
adequately and regularly ensured that these arrangements will continue
to operate effectively.
13.6.5
Every person being the owner or occupier
of any building commits an offence who does not comply with clauses 13.6.2 to 13.6.4 when an intruder alarm system is being installed.
13.6.6
The council may disconnect any intruder
alarm that is in breach of this bylaw and is causing a noise nuisance
to neighbouring properties, and may recover its costs of doing so from
the person who owns or occupies the building or the vehicle.
Section 163 and 172 of the Local Government Act
2002 allows the council to enter any land and disconnect any
alarm that is causing a nuisance and section 187 allows the council
to recover the cost of disconnection.
