Statute Details
- Title: Resource Sustainability (Exemptions from Part 5) Order 2024
- Act Code: RSA2019-S195-2024
- Legislative Type: Subsidiary Legislation (SL)
- Authorising Act: Resource Sustainability Act 2019
- Enacting Authority: Minister for Sustainability and the Environment (made under section 50 of the Resource Sustainability Act 2019)
- Commencement: 8 March 2024
- Legislation Number: S 195/2024
- Status: Current version as at 27 March 2026 (per the provided extract)
- Key Provisions: Section 2 (exemptions for mixed-use buildings) and Section 3 (exemptions for certain food waste)
What Is This Legislation About?
The Resource Sustainability (Exemptions from Part 5) Order 2024 (“the Order”) is a targeted piece of subsidiary legislation made under the Resource Sustainability Act 2019 (“RSA”). Its function is straightforward: it creates specific exemptions from “Part 5” obligations under the RSA for certain occupiers and building managers, in defined circumstances.
In plain language, the Order recognises that not all premises—or not all categories of waste—pose the same practical compliance challenges. Rather than applying the full set of Part 5 requirements uniformly, the Minister has carved out exemptions where the waste streams or building uses are sufficiently distinct. This approach helps ensure that regulatory burdens are proportionate and that compliance efforts focus on the waste types and premises most relevant to the policy objectives of the RSA.
Although the extract does not reproduce the text of Part 5 itself, the structure of the Order indicates that Part 5 imposes duties on “occupiers” and “building managers” relating to resource sustainability—most likely in relation to waste management and, in particular, food waste. The Order therefore operates as a “relief instrument”: it does not replace the RSA, but temporarily or permanently removes certain parties from Part 5 coverage in specified scenarios.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the legal identity and effective date of the Order. It states that the Order may be cited as the “Resource Sustainability (Exemptions from Part 5) Order 2024” and comes into operation on 8 March 2024. For practitioners, this is important for determining whether any exemption can be relied upon for events occurring before or after that date.
Section 2 (Exemption for occupiers and building managers of mixed‑used buildings) is the first substantive exemption. It exempts two categories of persons from Part 5 of the RSA, but only in relation to a particular subset of mixed-use buildings and only for certain types of building use.
First, an occupier of a mixed‑use building is exempt from Part 5 where the occupier occupies a part of the building that is not used as:
- a shopping mall;
- a hotel; and
- for any industrial purpose.
Second, the building manager of a mixed‑use building is exempt “in relation to any food waste generated by an occupier mentioned in sub‑paragraph (a).” In other words, the exemption for the building manager is derivative: it depends on the occupier’s status and the nature of the part of the building occupied.
Practical implications: This provision is likely aimed at mixed-use buildings where only certain units are used for non-mall, non-hotel, and non-industrial purposes (for example, office, residential, or other uses). The exemption suggests that Part 5 obligations—whatever their precise content—are not intended to apply to food waste generated by such occupiers, at least for the purposes of Part 5 compliance.
Section 3 (Exemption for occupiers and building managers for certain food waste) provides a second, more waste-stream-specific exemption. It applies to occupiers of a prescribed building (or any part of a prescribed building) and the building manager of a prescribed building. Both are exempt from Part 5 “in relation to any specified food waste.”
Section 3(1) therefore creates a category-based relief: even if a building is “prescribed” and Part 5 would otherwise apply, the exemption can still be invoked for particular types of food waste.
Section 3(2) defines “specified food waste” as three groups of items:
- Hard shell waste: any clam shell, conch shell, mussel shell, oyster shell, crab shell, lobster shell, snail shell or other similar hard shell;
- Husks and fibrous parts: any durian husk, jackfruit husk, coconut husk, pineapple husk, sugarcane bagasse or other similar hard or fibrous part of any fruit or vegetable;
- Large bones: any beef femur, pork knuckle, pork trotter, lamb shank, animal skull or other similar large bone.
Practical implications: This provision suggests that the regulatory focus of Part 5 may be on food waste that is more readily biodegradable or that presents particular handling or diversion challenges (e.g., typical food scraps). The listed categories—shells, husks/bagasse, and large bones—may be treated differently due to their physical characteristics, processing requirements, or existing disposal pathways. For compliance planning, lawyers and compliance officers should treat these categories as potentially exempt from Part 5 obligations, provided they fall within the definition and are properly characterised as “specified food waste.”
Interplay between Sections 2 and 3: The Order contains two separate exemption mechanisms. Section 2 is about who is exempt in relation to food waste generated by certain occupiers in mixed-use buildings. Section 3 is about what food waste types are exempt for occupiers and building managers of prescribed buildings. In practice, a party may seek to rely on one or both provisions depending on the facts: the building’s use profile and the nature of the waste stream.
How Is This Legislation Structured?
The Order is structured in a short, functional format typical of exemption orders. It contains:
- Section 1: citation and commencement (8 March 2024);
- Section 2: exemptions for occupiers and building managers of mixed-use buildings, with conditions tied to the use of the specific part occupied and the type of waste (food waste) generated by the relevant occupier;
- Section 3: exemptions for occupiers and building managers of prescribed buildings in relation to specified food waste, with a detailed definition of the exempt waste categories.
Notably, the Order does not itself define “Part 5,” “mixed‑use building,” “prescribed building,” “occupier,” or “building manager” within the extract. Those definitions (and the underlying Part 5 obligations) are likely contained in the RSA or other subsidiary instruments. For legal work, it is essential to cross-reference the RSA and any relevant definitions to ensure the exemption is properly applied.
Who Does This Legislation Apply To?
The Order applies to occupiers and building managers in two main contexts.
Under Section 2, it applies to occupiers of mixed-use buildings who occupy parts of the building that are not used as a shopping mall, hotel, or for industrial purposes. It also applies to the building manager of such mixed-use buildings, but only in relation to food waste generated by the exempt occupiers.
Under Section 3, it applies to occupiers of a prescribed building (or part of such a building) and to the building manager of a prescribed building. The exemption is not tied to the building’s internal use profile in the same way as Section 2; instead, it is tied to the type of food waste—the “specified food waste” categories.
Scope note: The exemptions are “from Part 5” of the RSA. That means they do not necessarily exempt parties from all obligations under the RSA—only those that fall within Part 5. Practitioners should therefore confirm whether Part 5 is the only relevant Part for the compliance issue at hand, and whether other parts of the RSA impose separate duties.
Why Is This Legislation Important?
This Order matters because it directly affects compliance obligations under the Resource Sustainability Act 2019. For occupiers and building managers, the difference between being within or outside Part 5 can determine whether they must implement certain waste handling, reporting, or diversion requirements (depending on what Part 5 contains). By carving out exemptions, the Order reduces regulatory exposure for specific premises and waste streams.
From a legal risk perspective, the exemptions also create a structured basis for defending non-compliance allegations. If a regulator alleges breach of Part 5, the regulated party may invoke the Order to show that the relevant occupier or building manager is exempt, or that the relevant waste falls within the “specified food waste” definition. This is particularly important where compliance costs are significant or where waste classification is contested.
For practitioners advising clients, the Order highlights two key fact-sensitive questions:
- Building use and occupancy facts (Section 2): What part of the mixed-use building is the client occupying, and is that part used as a shopping mall, hotel, or for industrial purposes?
- Waste classification facts (Section 3): Does the waste item fall within the enumerated categories (shells, husks/fibrous parts, large bones) or “other similar” items? If so, how should it be segregated and documented to support the exemption?
In short, the Order is a compliance calibration tool: it narrows Part 5 coverage to align with practical waste characteristics and building use patterns.
Related Legislation
- Resource Sustainability Act 2019 (RSA2019) — in particular, section 50 (power to make the Order) and Part 5 (the obligations from which exemptions are granted)
Source Documents
This article provides an overview of the Resource Sustainability (Exemptions from Part 5) Order 2024 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.