Government Gazette

REPUBLIC OF SOUTH AFRICA

Vol. 525 Cape Town

10 March 2009

No. 32000

THE PRESIDENCY No. 278 10 March 2009 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 59 of 2008: National Environmental Management: Waste Act, 2008.

AIDS HELPLINE: 0800-123-22 Prevention is the cure

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GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008

Act No. 59, 2008

(English text signed by the (Assented to 6 March

President.) 2009.)

ACT
To reform the law regulating w a s t e m a n a g e m e n t in o r d e r to protect health a n d the e n v i r o n m e n t by p r o v i d i n g r e a s o n a b l e m e a s u r e s for the p r e v e n t i o n of pollution a n d ecological d e g r a d a t i o n and for s e c u r i n g ecologically s u s t a i n a b l e d e v e l o p m e n t ; to provide for institutional a r r a n g e m e n t s a n d p l a n n i n g m a t t e r s ; to p r o v i d e for national n o r m s a n d s t a n d a r d s f o r regulating t h e m a n a g e m e n t of w a s t e by all s p h e r e s of g o v e r n m e n t ; to p r o v i d e for specific w a s t e m a n a g e m e n t m e a s u r e s ; to provide for the l i c e n s i n g and control of w a s t e m a n a g e m e n t activities; to p r o v i d e for the r e m e d i a t i o n of c o n t a m i n a t e d l a n d ; to p r o v i d e for t h e national w a s t e i n f o r m a t i o n s y s t e m ; to provide for c o m p l i a n c e a n d e n f o r c e m e n t ; a n d to p r o v i d e for m a t t e r s c o n n e c t e d t h e r e w i t h . PREAMBLE W H E R E A S e v e r y o n e has the constitutional right to have an e n v i r o n m e n t that is not harmful to his or her health and to h a v e the e n v i r o n m e n t protected for the benefit of present and future generations through reasonable legislative and other m e a s u r e s t h a t — (a) prevent pollution and ecological d e g r a d a t i o n ; (h) p r o m o t e c o n s e r v a t i o n : and (c) secure ecologically sustainable d e v e l o p m e n t and use of natural resources while p r o m o t i n g justifiable e c o n o m i c and social d e v e l o p m e n t ; A N D W H E R E A S waste m a n a g e m e n t practices in m a n y areas of the Republic are not c o n d u c i v e to a healthy e n v i r o n m e n t and the impact of improper waste m a n a g e m e n t practices are often b o r n e disproportionately by the poor; A N D W H E R E A S p o o r waste m a n a g e m e n t practices can have an adverse impact both locally and globally; A N D W H E R E A S sustainable d e v e l o p m e n t requires that ihe generation of w a s t e is avoided, or where it cannot be avoided, that it is reduced, re-used, recycled or recovered and only as a last resort treated and safely disposed of: A N D W H E R E A S the m i n i m i s a t i o n of pollution and the use of natural resources through vigorous control, cleaner t e c h n o l o g i e s , cleaner production and c o n s u m p t i o n practices, and waste minimisation are key to ensuring that the e n v i r o n m e n t is protected from the impact of w a s t e : A N D W H E R E A S waste under certain c i r c u m s t a n c e s is a resource and offers e c o n o m i c opportunities;

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GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008

Act No. 59, 2008

A N D W H E R E A S wasie and m a n a g e m e n t practices relating to waste are matters t h a t — • require national legislation to maintain essential national standards; • in order to be dealt with effectively, require uniform n o r m s and standards that apply throughout the R e p u b l i c : and • in order to p r o m o t e and give effect to the right to an e n v i r o n m e n t that is not harmful to health and well-being, have to apply uniformly throughout the R e p u b l i c : and • require strategies, norms and standards which seek to ensure best waste practices within a system of co-operative g o v e r n a n c e .

B

E IT T H E R E F O R E E N A C T E D by the Parliament of the R e p u b l i c of South Africa, as follows:— TABLE OF CONTENTS CHAPTER 1 INTERPRETATION AND PRINCIPLES 5

1. 2. 3. 4. 5.

Definitions Objects of Act General duty of Slate Application of Act Application of National Environmental M a n a g e m e n t Act CHAPTER 2 NATIONAL WASTE M A N A G E M E N T STRATEGY, NORMS AND STANDARDS Part 1 National waste management strategy 15

10

6.

Establishment of national waste m a n a g e m e n t strategy Part! provincial norms standards

National 7. 8. 9.

norms

and standards,

and standards

and waste

service 20

National norms and standards Provincial norms and standards Waste service standards CHAPTER 3 INSTITUTIONAL AND PLANNING MATTERS

10. 11. 12. 13.

Designation of waste m a n a g e m e n t officers Certain organs of slate to prepare integrated waste m a n a g e m e n t plans C o n t e n t s of integrated waste m a n a g e m e n t plans Reporting on implementation of integrated waste m a n a g e m e n t plans

25

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GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008

A d No. 59, 2008

CHAPTER 4 WASTE MANAGEMENT MEASURES Part 1 Priority wastes 14. 15. Declaration of priority wastes C o n s e q u e n c e s of declaration of priority wastes Part 2 General duty 16. General duty in respect of waste m a n a g e m e n t Part 3 recycling and recovery

Reduction, 17. 1 8.

re-use,

of

waste

Reduction, re-use, recycling and recovery of waste E x t e n d e d p r o d u c e r responsibility Part 4 Waste management

activities

15

19. 20.

Listed waste m a n a g e m e n t activities C o n s e q u e n c e s of listing waste m a n a g e m e n t activities Part 5 and transportation

Storage, 21. 22. 23. 24. 25.

collection

of

waste 20

General requirements for storage of waste Storage of general waste Waste collection services Collection of waste Duties of persons transporting waste Part 6 processing and disposal

25 of waste

Treatment, 26. 27.

Prohibition of unauthorised disposal Littering Part 7 waste management

Industry 28 29 30 31 32 33 34

plans

30

Preparation of industry waste m a n a g e m e n t plans by certain persons Preparation of industry waste m a n a g e m e n t plans by o r g a n s of state C o n t e n t s of industry waste m a n a g e m e n t plans Notification of industry waste m a n a g e m e n t plans Consideration of industry waste m a n a g e m e n t plans Specification of m e a s u r e s to be taken R e v i e w of industry waste m a n a g e m e n t plans Part 8 Contaminated

35

land 40

35. .36. 37. 38. 39.

Application of this Part Identification and notilication of investigation areas C o n s e q u e n c e s of identification and notilication of investigation areas Consideration of site assessment reports O r d e r s to remediate contaminated land

45. Establishment of national waste information system Objectives of national waste information system Establishment of provincial waste information s y s t e m s Provision of information A c c e s s to information CHAPTER 7 COMPLIANCE AND ENFORCEMENT 30 65. 2008 Act No. 59. 55. 47. 48. 53. 44.o p e r a t i v e g o v e r n a n c e in waste m a n a g e m e n t licence applications Application for waste m a n a g e m e n t licences A p p o i n t m e n t of persons to m a n a g e waste m a n a g e m e n t licence applications Procedure for waste m a n a g e m e n t licence applications Factors to be taken into account by licensing authorities Decision of licensing authorities on waste m a n a g e m e n t licence applications Issuing of waste m a n a g e m e n t licences C o n t e n t s of waste m a n a g e m e n t licences Transfer of waste m a n a g e m e n t licences R e v i e w of waste m a n a g e m e n t licences Variation of waste m a n a g e m e n t licences R e n e w a l of waste m a n a g e m e n t licences Revocation and suspension of waste m a n a g e m e n t licences Surrender of waste m a n a g e m e n t licences Waste m a n a g e m e n t control officers Criteria for fit and proper persons CHAPTER 6 WASTE INFORMATION 25 10 15 20 60. 62. Licensing authority C o . 49. 63. 2008 40. 50. 32000 GOVERNMENT GAZETTE. 51. 58. 67. Regulations by Minister Regulations by M E C s General regulatory p o w e r s . 68. 64. 54.8 No. 41. 70. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 59. C o m p l i a n c e powers of Minister of Water Affairs and Forestry Waste impact reports Offences Penalties CHAPTER 8 GENERAL MATTERS Part 1 Regulations 40 35 69. 56. 46. 57. Recognition p r o g r a m m e s 43. 66. 71. 52. 61. Transfer of remediation sites C o n t a m i n a t e d land register Part 9 measures 5 CHAPTER 5 LICENSING OF WASTE M A N A G E M E N T ACTIVITIES Other 42.

and includes rubble. " b u i l d i n g and d e m o l i t i o n w a s t e " m e a n s waste. m e a n s any building or infrastructure that is necessary for the functioning of a facility or waste m a n a g e m e n t activity or that is used for an ancillary service or use from the facility. " c l e a n p r o d u c t i o n " m e a n s the c o n t i n u o u s application of integrated preventative environmental strategies to processes. repair or demolition. 76. in the long term as well as in the short term. 83. 75. 78. 200H Ac( No. 5 appeals Applications for e x e m p t i o n Consideration of applications for e x e m p t i o n Decisions on applications for e x e m p t i o n R e v i e w and transfer of e x e m p t i o n s Appeals CHAPTER 9 MISCELLANEOUS 10 79. at a cost acceptable to society. p r o c e d u r e s and services on health and the e n v i r o n m e n t . "associated s t r u c t u r e s a n d i n f r a s t r u c t u r e " . 84. 81. "best practicable e n v i r o n m e n t a l o p t i o n " m e a n s the option that provides the most benefit or causes the least d a m a g e to the e n v i r o n m e n t as a w h o l e . Consultation Public participation Part 3 Exemptions and 74. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. rock and w o o d displaced during that construction. 80. when referred to in S c h e d u l e 1. alteration. and savings Transitional provisions in respect of permits issued in terms of E n v i r o n m e n t Conservation Act Transitional provision regarding listed w a s t e m a n a g e m e n t activities Act regarded as specific e n v i r o n m e n t a l m a n a g e m e n t Act Short title and c o m m e n c e m e n t SCHEDULES 15 20 1. 82. 77. 2. Delegation and assignment Repeal and a m e n d m e n t of laws. 73. products and services to increase overall efficiency and to reduce the impact of such processes. repair or demolition of any structure. unless the context indicates o t h e r w i s e — " a c c e p t a b l e e x p o s u r e " m e a n s the e x p o s u r e of the m a x i m u m permissible concentration of a substance to the e n v i r o n m e n t that will have a minimal negative effect on health or the e n v i r o n m e n t . In this Act. 59. produced during the construction. 30 35 40 45 50 . earth.10 No. retail. w h o l e s a l e . " b y . entertainment or g o v e r n m e n t administration purposes. excluding h a z a r d o u s waste.p r o d u c t " m e a n s a substance that is p r o d u c e d as part of a process that is primarily intended to produce another substance o r product and that has the characteristics of an equivalent virgin product or material. 12000 GOVERNMENT GAZETTE. alteration. " b u s i n e s s w a s t e " m e a n s waste that e m a n a t e s from p r e m i s e s that are used wholly or mainly for c o m m e r c i a l . Waste m a n a g e m e n t activities in respect of which a waste m a n a g e m e n t licence is required L a w s repealed or a m e n d e d CHAPTER 1 INTERPRETATION AND PRINCIPLES 25 Definitions 1. 2008 Part 2 Consultative process 72.

m e a n s the presence in or under any land. in relation to waste treatment. when used in relation t o — (a) the Minister. " e x p o r t " m e a n s to take or send waste from the Republic to a n o t h e r country or territory. (c) business waste: and (d) inert w a s t e . "Gazette". a b a n d o n i n g . " E n v i r o n m e n t C o n s e r v a t i o n A c t " m e a n s the E n v i r o n m e n t C o n s e r v a t i o n Act. " e n v i r o n m e n t " has the m e a n i n g assigned to it in section 1 of" the National E n v i r o n m e n t a l M a n a g e m e n t Act. " e n v i r o n m e n t a l l y s o u n d m a n a g e m e n t " m e a n s the taking of all practicable steps to ensure that waste is managed in a m a n n e r that will protect health and the environment.o r g a n i s m a b o v e the concentration that is normally present in or under that land. and i n c l u d e s — (a) waste minimisation p r o g r a m m e s . handling. site. " e x t e n d e d p r o d u c e r responsibility m e a s u r e s " m e a n s m e a s u r e s that extend a p e r s o n ' s financial or physical responsibility for a product to the p o s t . sport or recreation purposes.No. 2008 GOVERNMENT GAZETTE. health care. 59. " d i s p o s a l " m e a n s the burial. re-use. o w i n g to the inherent physical. " c o n t a i n e r " m e a n s a disposable or re-usable vessel in which waste is placed for the p u r p o s e s of storing. (b) building and demolition waste. "general w a s t e " m e a n s waste that does not pose an i m m e d i a t e hazard or threat to health or to the e n v i r o n m e n t . bin-liners and skips. c h e m i c a l or toxicological . in relation to Part 8 of C h a p t e r 4. m e a n s the Government Gazette. m e a n s the planning for and m a n a g e m e n t and remediation of the closure of a facility that is in operation or that n o longer o p e r a t e s . " c o n t a m i n a t e d " . placing or release of any waste into. 32000 Act No. " h a z a r d o u s w a s t e " m e a n s any waste that contains organic or inorganic e l e m e n t s or c o m p o u n d s that may. 2008 " c o m m e n c e " m e a n s ihe start of any physical activity. treating or disposing of that waste.c o n s u m e r stage of the product. including site preparation or any other activity on the site in furtherance of" a waste m a n a g e m e n t activity. transporting. e d u c a t i o n a l . and (b) the M E C . deposit. any land. 1996. " D e p a r t m e n t " m e a n s ihe Department of E n v i r o n m e n t a l Affairs and T o u r i s m . (b) financial a r r a n g e m e n t s for any fund that has been established to p r o m o t e the reduction. but does not include any activity required for investigation or feasibility study p u r p o s e s as long as such investigation or feasibility study d o e s not constitute a waste m a n a g e m e n t activity: " C o n s t i t u t i o n " m e a n s the Constitution of the Republic of South Africa. 7 3 of 1989). m e a n s the Provincial Gazette of the province c o n c e r n e d . accumulating. " d e c o m m i s s i o n i n g " . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. " d o m e s t i c w a s t e " m e a n s waste. which substance or m i c r o . buildings or structures of a substance or m i c r o . waste transfer or waste disposal facilities. 1989 (Act No. and includes bins. or onto. that e m a n a t e s from premises that are used wholly or mainly for residential. discharge. (c) a w a r e n e s s p r o g r a m m e s to inform the public of the impacts of w a s t e e m a n a t i n g from the product on health and the e n v i r o n m e n t : and id) any other m e a s u r e s to reduce the potential impact of the product on health and the e n v i r o n m e n t . and i n c l u d e s — (a) d o m e s t i c wasie.o r g a n i s m directly or indirectly affects or may affect the quality of soil or the e n v i r o n m e n t adversely. excluding hazardous waste. d u m p i n g . recycling and recovery of waste.

" n o n . because of its pollutant content and because the toxicity of its leachate is insignilicant. (b) the correction of any miscalculated figure. m e a n s the a v o i d a n c e of the amount and toxicity of waste that is generated and. or provision thereof. and includes an organ of state. " r e c o v e r y " m e a n s the controlled extraction of a material or the retrieval of energy from waste to produce a product: 5 10 15 20 25 30 35 40 45 50 55 . " M E C " m e a n s the M e m b e r of the Executive Council of a p r o v i n c e w h o is responsible for waste m a n a g e m e n t in the province.14 No. " p r e s c r i b e " m e a n s prescribe by regulation u n d e r this Act. licence. " i n d u s t r y " includes c o m m e r c i a l activities. " h o l d e r of w a s t e " m e a n s any person w h o imports. 32000 GOVERNMENT G A / K T T E . " N a t i o n a l E n v i r o n m e n t a l M a n a g e m e n t A c t " m e a n s the National E n v i r o n m e n tal M a n a g e m e n t Act. technique or process to convert waste to Hue gases and residues by m e a n s of oxidation. " i n t e g r a t e d w a s t e m a n a g e m e n t p l a n " m e a n s a plan prepared in terms of section 12. in relation to the a m e n d m e n t or substitution of a regulation. "investigation a r e a " m e a n s an area identified as such in terms of section 3 7 . " i m p o r t " m e a n s any entry into the Republic other than entry for transit. " p e r s o n " has the m e a n i n g assigned to it in the Interpretation Act. react physically or chemically b i o d e g r a d e or o t h e r w i s e adversely affect any olher matter or environment with which it may c o m e into contact. and (c) the correction of any incorrect description of any person. (b) does not burn. 117 of 1998): " M u n i c i p a l S y s t e m s A c t " m e a n s the Local G o v e r n m e n t : M u n i c i p a l S y s t e m s Act. i n c l u d e s — (a) any clerical mistake. 33 of 1957).32 of 2000). 1998 (Act No. 2 0 0 0 (Act N o . in the event w h e r e waste is generated. or exports waste or disposes of w a s t e . approval. unintentional error or omission. "life cycle a s s e s s m e n t " m e a n s a process where the potential e n v i r o n m e n t a l effects or impacts of a product or service throughout the life of that product or service is being evaluated. " M i n i s t e r " m e a n s the Minister of E n v i r o n m e n t a l Affairs and T o u r i s m .s u b s t a n t i v e " . and (c) does not impact negatively on the e n v i r o n m e n t . "priority w a s t e " m e a n s a waste declared to be a priority waste in terms of section 14. " o r g a n of s t a t e " has the m e a n i n g assigned to it in section 2 3 9 of the C o n s t i t u t i o n . c h e m i c a l or biological t r a n s l b r m a lion after disposal. strategy. c o m m e r c i a l agricultural activities. . "licensing a u t h o r i t y " m e a n s an authority referred to in section 4 3 and that is responsible for i m p l e m e n t i n g the licensing system provided for in C h a p t e r 5. 2008 characteristics of that waste. thing. " m u n i c i p a l i t y " m e a n s a municipality established in terms of the Local G o v e r n ­ ment: Municipal Structures Act. treats. " i n c i n e r a t i o n " m e a n s any m e t h o d . processes. the reduction of the amount and toxicity of waste that is disposed of. stores. " p o l l u t i o n " has the m e a n i n g assigned to it in section I of the National Environmental M a n a g e m e n t Act. 1998 (Act N o . notice. have a detrimental impact on health and the environment. a c c u m u l a t e s . when used in relation to waste. "inert w a s t e " m e a n s waste t h a t — (a) does not undergo any significant physical. property or waste m a n a g e m e n t activity. 2008 Act No. " m i n i m i s a t i o n " . "high-risk a c t i v i t y " m e a n s an undertaking. " i n d u s t r y w a s t e m a n a g e m e n t p l a n " m e a n s a plan referred to in Part 7 of Chapter 4. 107 of 1998). mining activities and the operation of p o w e r stations. 1957 (Act N o . including processes involving substances that present a likelihood of harm to health or the e n v i r o n m e n t . transports. generates. 59. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT.

which process involves the separation of waste from a waste stream for further use and the processing of that separated material as a product or raw material. technique or process that is designed t o — (a) c h a n g e the physical. " s u s t a i n a b l e d e v e l o p m e n t " has the m e a n i n g assigned to it in section I of ihe National E n v i r o n m e n t a l M a n a g e m e n t Act. 59. recycled and r e c o v e r e d — (a) that is surplus. (b) which the generator has no further use of for (he purposes of production. <e) the reduction. (c) that must be treated or disposed of. including the undertaking of any activity or process that is likely to result in the generation of waste: (c) the accumulation and storage of w a s t e . "this A c t " i n c l u d e s — (a) any regulations m a d e in terms of this Act. (b) the generation of waste. re-used. 5 10 15 20 25 30 35 40 45 50 55 . concentrate or recover a hazardous or toxic c o m p o n e n t of a waste. (d) the collection and handling of waste. " s t o r a g e " m e a n s the a c c u m u l a t i o n of waste in a m a n n e r that does not constitute treatment or disposal of that waste. once re-used. and (j) the disposal of waste. " w a s t e m a n a g e m e n t control officer" m e a n s a waste m a n a g e m e n t control officer designated under section 58(1). " t r e a t m e n t " m e a n s any method. biological or c h e m i c a l character or c o m p o s i t i o n of a w a s t e . (Ii) the transfer of waste. (f) the trading in waste. or (/. and i n c l u d e s — (a) Ihe importation and exportation of w a s t e . 32000 GOVERNMENT GAZETTE. ([>) the transportation of waste. " t r a n s i t " m e a n s the c o n t i n u o u s passage from one border of the Republic to another such border without storage other than temporary storage incidental to transport. (i) the treatment of w a s t e . " w a s t e m a n a g e m e n t a c t i v i t y " m e a n s any activity listed in Schedule 1 or published by notice in the Gazette under section 19. (b) any notice or other subordinate legislation issued or m a d e in t e r m s of this Act: and " (c) any regulation or direction that remains in force in terms of section 8 1 . and includes waste generated by the mining. medical or other sector. u n w a n t e d . separate. or (c) destroy or reduce the toxicity of a waste. re-use. recycling and recovery of waste. rejected.16 No. " w a s t e disposal facility" m e a n s any site or premise used for the a c c u m u l a t i o n of waste with the purpose of disposing of thai waste at that site or on that p r e m i s e . in order to m i n i m i s e the impact of the waste on the e n v i r o n m e n t prior to further use or disposal: " w a s t e " m e a n s any substance. or (d) that is identified as a waste by the Minister by notice in the Gazette.u s e " m e a n s to utilise articles from the waste stream again for a similar or diflereni purpose without c h a n g i n g the form or properties of the articles. and (ii) any portion of waste. 2008 " r e c y c l e " m e a n s a process where waste is reclaimed for further use. a b a n d o n e d or disposed of. 2008 Acl No.) r e m o v e . whether or not that substance can be reduced. ceases to be waste. recycled and recovered. " r e . "specific e n v i r o n m e n t a l m a n a g e m e n t A c t " has the m e a n i n g assigned to it in section I of the National Environmental M a n a g e m e n t Act. b u t — (i) a by-product is not considered waste. discarded. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. " w a s t e m a n a g e m e n t l i c e n c e " m e a n s a licence issued in terms of section 4 9 .

well-being and the e n v i r o n m e n t . " w a s t e t r e a t m e n t facility" m e a n s any site that is used to a c c u m u l a t e waste for the purpose of storage. (1) T h i s Act d o e s not apply t o — (a) radioactive waste that is regulated by the H a z a r d o u s S u b s t a n c e s Act. a significant risk of harm to health or the e n v i r o n m e n t : and (ix) achieving integrated waste m a n a g e m e n t reporting and p l a n n i n g . 4 6 of 1999). (c) to provide for c o m p l i a n c e with the m e a s u r e s set out in paragraph (a)\ and (d) generally. and the Nuclear Energy Act. treatment. (vi) securing ecologically sustainable d e v e l o p m e n t while p r o m o t i n g justifi­ able e c o n o m i c and social d e v e l o p m e n t . (iii) reducing. 2 0 0 2 (Act N o . must put in place uniform measures that seek to reduce the amount of waste that is generated and. 2 0 0 3 (Act No. 47 of 1999). (v) preventing pollution and ecological degradation. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (c) the disposal of explosives that is regulated by the E x p l o s i v e s Act. In fulfilling the rights contained in section 24 of the Constitution. to give efleet to section 24 of the Constitution in order to secure an e n v i r o n m e n t that is not harmful to health and well-being. w h e r e waste is generated. 32000 GOVKRNMKNT GAZETTE. 5 10 15 20 25 30 35 40 45 . (viii) remediating land where contamination presents. through the o r g a n s of state responsible for i m p l e m e n t i n g this Act. (vii) p r o m o t i n g and ensuring the effective delivery of waste services. recovery. 7 of 2002). recycling or sorting of that waste. T h e objects of (his Act a r e — (a) to protect health. re-using. A p p l i c a t i o n of A c t 4. 2002 (Act No. recycling and disposal services. or m a y present. reprocessing. 15 of 2 0 0 3 ) . (ii) avoiding and minimising the generation of waste. 2 8 of 2 0 0 2 ) . 1999 (Act N o . 2008 Act No. recycling and recovering waste. 59. G e n e r a l d u t y of State 3 . treatment or waste disposal facility. treatment. 15 of 1973). " w a s t e m i n i m i s a t i o n p r o g r a m m e " m e a n s a p r o g r a m m e that is intended to p r o m o t e ihe reduced generation and disposal of waste. or (d) the disposal of animal carcasses that is regulated by the A n i m a l Health Act. " w a s t e transfer facility" m e a n s a facility that is used to a c c u m u l a t e and temporarily store waste before it is transported to a recycling. 2008 " w a s t e m a n a g e m e n t officer" m e a n s a waste m a n a g e m e n t officer designated in t e r m s of section 10.18 No. (iv) treating and safely disposing of waste as a last resort. the National N u c l e a r Regulator Act. O b j e c t s of Act 2. 1999 (Act N o . (b) to ensure that people are aware of the impact of waste on their health. the State. recycled and recovered in an e n v i r o n m e n t a l l y sound m a n n e r before being safely treated and disposed of. 1973 (Act N o . well-being and the e n v i r o n m e n t by providing reasonable m e a s u r e s for— (i) m i n i m i s i n g the c o n s u m p t i o n of natural resources. " w a s t e m a n a g e m e n t s e r v i c e s " m e a n s waste collection. to ensure that waste is re-used. (b) residue deposits and residue stockpiles that are regulated under the Mineral and Petroleum R e s o u r c e s D e v e l o p m e n t Act.

(e) approaches for securing c o m p l i a n c e with the requirements of this Act. (cl) guidance on raising awareness regarding the impact of waste on health and the environment. or any a m e n d m e n t to the strategy. (2) The national waste m a n a g e m e n t strategy may include targets for waste reduction. and (/) any other matter that the Minister considers necessary for achieving the objects of this Act. CHAPTER 2 NATIONAL WASTE M A N A G E M E N T STRATEGY. disposal. guidelines. 32000 GOVERNMENT GAZETTE. and (ii) different organs of state. including the monitoring of c o m p l i a n c e . 2008 Act No. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (b) m e c h a n i s m s . 15 20 25 30 35 40 45 50 . recovery. (1) T h e Minister must. 1997 (Act No. (1) This Act must be read with the National Environmental M a n a g e m e n t Act. treatment. systems and procedures for giving elfect to the R e p u b l i c ' s obligations in terms of relevant international a g r e e m e n t s . (d) may be a m e n d e d . (b) may differentiate between different classes or categories of w a s t e . subject to section 3 of the Intergovernmental Fiscal Relations Act.20 No. 2008 (2) T h i s Act binds all organs of state. recycling. (4) An organ of state must give effect to the national waste m a n a g e m e n t strategy w h e n exercising a p o w e r or performing a duty in terms of this Act or any other legislation regulating waste m a n a g e m e n t . A p p l i c a t i o n of N a t i o n a l E n v i r o n m e n t a l M a n a g e m e n t A c t 5. allocate and delineate responsibilities for the implementation of this Act a m o n g s t — (i) the dilferent spheres of g o v e r n m e n t . the Minister must follow a consultative process in accordance with sections 72 and 7 3 . plans. (5) T h e national waste m a n a g e m e n t s t r a t e g y — (a) may differentiate between dilferent geographical areas. control and m a n a g e m e n t of waste in order to achieve the objects of this Act. and all persons if and to the extent applicable: and (b) may. re-use. (2) T h e interpretation and application of this Act must be guided by the national environmental m a n a g e m e n t principles set out in section 2 of the National E n v i r o n m e n ­ tal M a n a g e m e n t Act. within two years of the date on which this section lakes effect. (c) may provide for the phasing in of its provisions. (6) Before publishing the national strategy. 59. by notice in the Gazette establish a national waste m a n a g e m e n t strategy for achieving the objects of this Act. unless the context of this Act indicates that the National E n v i r o n m e n t a l M a n a g e m e n t Act does not apply. (c) practical m e a s u r e s for achieving co-operative g o v e r n a n c e in waste m a n a g e menl matters. (3) The national waste m a n a g e m e n t s t r a t e g y — (a) binds all organs of state in all spheres of g o v e r n m e n t . N O R M S A N D STANDARDS Part 1 waste management 10 5 National strategy E s t a b l i s h m e n t o f national w a s t e m a n a g e m e n t strategy 6. and (e) must be reviewed by the Minister at intervals of not m o r e than live years. s y s t e m s and procedures relating to the protec­ tion of the e n v i r o n m e n t and the generation (including the a v o i d a n c e and minimisation of such generation). 97 of 1997). which must i n c l u d e — (a) objectives. use.

(b) regionalisation of waste m a n a g e m e n t services within the province. (4) The n o r m s and standards contemplated in subsection (1) m a y — (a) differentiate between different g e o g r a p h i c a l areas. (c) the regionalisation of waste m a n a g e m e n t services. set national n o r m s and standards for— (a) the minimisation. within his or her jurisdiction. set national standards in respect of tariffs for waste services provided by municipalities. by notice in the Gazette. (b) differentiate between different classes or categories of waste. and (c) provide for tariffs to be imposed to provide for waste m a n a g e m e n t infrastructure or facilities. Part 2 provincial norms standards National norms and standards. 32000 Act No. within his or her jurisdiction. including the p l a n n i n g and operation of waste treatment and waste disposal facilities. recycling and recovery of waste. or any a m e n d m e n t to the notice. re-use. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. and standards and waste service 5 National n o r m s and s t a n d a r d s 7. set national norms and standards for t h e — (a) classification of waste: (b) planning for and provision of waste m a n a g e m e n t services: and (c) storage. with the exception of standards that may have national implications or that may have a significant impact on the national e c o n o m y . (2) or (3).ette set provincial n o r m s and standards that are not in conflict with national n o r m s and standards contemplated in section 7.No. including the separation of waste at the point of generation: (b) extended producer responsibility. respectively. (1) T h e Minister must. and (d) treatment and disposal of waste. must ensure the implementation of the national waste m a n a g e m e n t strategy and national n o r m s and standards contemplated in sections 6 and 7. re-use. and (ii) different types of waste m a n a g e m e n t services. (c) minimisation. the Minister must follow a consultative process in a c c o r d a n c e with sections 72 and 7 3 . licenced by provincial authorities. (6) (a) Before publishing a notice in terms of subsection (1). and (d) be a m e n d e d . treatment and disposal of waste. (b) ensure that funds obtained from waste services are used for waste m a n a g e ­ ment services. and (d) the remediation of contaminated land and soil quality. (c) provide for the phasing in of its provisions. (3) T h e Minister with the c o n c u r r e n c e of the Minister of F i n a n c e may. 2008 (7) Subsection (6) need not be complied with if the strategy is a m e n d e d in a non-substantive manner. (5) The norms or standards contemplated in subsection (\)(b) m a y — (a) differentiate on an equitable basis b e t w e e n — (i) different users of waste m a n a g e m e n t services. (b) Paragraph (a) need not be complied with if the notice is a m e n d e d in a non-substantive manner. (2) The Minister may. (1) T h e relevant M E C . Provincial n o r m s a n d s t a n d a r d s 8. recycling and recovery of waste. by notice in the Gazette. 2008 GOVERNMENT GAZETTE. 59. (4) The norms and standards contemplated in subsection (2) m a y — (a) differentiate between different geographical areas in the p r o v i n c e . by notice in the Gazette. (3) The norms and standards c o n t e m p l a t e d in subsection (2) must a m o n g s t other things facilitate and a d v a n c e — (a) planning and provision of waste m a n a g e m e n t services. m a y by notice in the Gaz. (b) differentiate between different classes or categories of waste: 10 15 20 25 30 35 40 45 50 55 . including the planning and operation of waste treatment and waste disposal facilities. (2) The relevant M E C .

( I ) A municipality must exercise its executive authority to deliver waste m a n a g e m e n t services. the M E C must follow a consultative process in a c c o r d a n c e with sections 72 and 73. (5) (a) Before publishing a notice in terms of subsection (2). s e t — (a) local standards for the separation. b y — (a) adhering to all national and provincial n o r m s and standards. (b) Paragraph (a) need not be complied with if the notice is a m e n d e d in a non-substantive manner. it must follow a consultative process provided for in C h a p t e r 4 of the Municipal S y s t e m s Act. including waste r e m o v a l . in a m a n n e r that d o e s not conflict with section 7 or 8 of this Act.o r d i n a l i n g matters pertaining to waste m a n a g e m e n t in that province. c o m p a c t i n g and storage of solid waste that is collected as part of the municipal service or that is d i s p o s e d of at a municipal waste disposal facility. (c) local standards in respect of the directing of solid waste that is collected as part of the municipal service or that is disposed of by the municipality or at a municipal waste disposal facility to specific waste treatment and disposal facilities. 2008 (c) provide for the phasing in of its provisions: and (d) he a m e n d e d . (b) P a r a g r a p h (a) need not be complied with if the by-law is a m e n d e d in a non-substantive manner. (b) local standards for the m a n a g e m e n t of solid waste that is disposed of by the municipality or at a waste disposal facility o w n e d by the municipality. (4) W h e n e v e r the Minister or M E C acts in terms of this Act in relation to a municipality. (2) Each municipality must exercise its executive authority and perform its duty in relation to waste services. a m u n i c i p a l ­ ity may furthermore. (5) (a) W h e n e v e r a municipality intends passing a by-law so as to give effect to subsection (1). in line with its tariff policy referred to in Chapter 8 of the Municipal S y s t e m s Act. 5 10 15 20 25 30 35 40 45 50 . including waste collection. recycling and recovery of solid waste. (2) T h e M E C must designate in writing an officer in the provincial administration as the provincial waste m a n a g e m e n t officer responsible for c o . or any a m e n d m e n t to the notice. (3) In exercising its executive authority contemplated in subsection (1). CHAPTER 3 INSTITUTIONAL AND PLANNING MATTERS D e s i g n a t i o n of w a s t e m a n a g e m e n t officers 10. 32000 GOVERNMENT GAZETTE. including requirements in respect of the a v o i d a n c e and minimisation of the generation of waste and the re-use. (c) ensuring access for all to such services. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 Act No. and (</) local standards in respect of the control of litter. ( / ) keeping separate financial statements. W a s t e service s t a n d a r d s 9. (e) ensuring sustainable services through effective and efficient m a n a g e m e n t .24 No. a m o n g s t other things. (1) T h e Minister must designate in writing an officer in the D e p a r t m e n t as the national waste m a n a g e m e n t officer responsible for co-ordinating matters pertaining to waste m a n a g e m e n t in the national g o v e r n m e n t . waste storage and waste disposal services. (b) integrating its waste m a n a g e m e n t plans with its integrated d e v e l o p m e n t plans. 59. waste storage and waste disposal services. (d) providing such services at an affordable price. including a balance sheet of the services provided. the Minister or M E C must seek to support and strengthen the municipality's ability or light to perform its functions in relation to waste m a n a g e m e n t activities.

(6) W h e n exercising the p o w e r to monitor and support a municipality as c o n t e m p l a t e d in section 31 of the Municipal S y s t e m s Act. (5) Waste m a n a g e m e n t officers must co-ordinate their activities with other waste m a n a g e m e n t activities in the m a n n e r set out in the national waste m a n a g e m e n t strategy established in terms of section 6 or determined by the Minister by notice in the Gazette.26 No. 59. or is not aligned with. ( I ) T h e D e p a r t m e n t and the provincial d e p a r t m e n t s responsible for waste m a n a g e m e n t must prepare integrated waste m a n a g e m e n t plans. (b) A municipality must. (2) or (3) m a y be subdelegated or further assigned by that officer to another official in the service of the s a m e administration. Certain o r g a n s of state to p r e p a r e integrated w a s t e m a n a g e m e n t p l a n s 11. (2) A provincial d e p a r t m e n t may incorporate its integrated waste m a n a g e m e n t plan in any relevant provincial plan. M E C or municipality. (b) T h e M E C may within 3 0 d a y s of receiving an integrated waste m a n a g e m e n t plan or an a m e n d m e n t to an integrated waste m a n a g e m e n t p l a n — (i) request a municipality to adjust the plan or the a m e n d m e n t in a c c o r d a n c e with the M E C ' s proposal if the plan or a m e n d m e n t — (act) d o e s not c o m p l y with a requirement of this A c t . 2008 (3) Each municipality authorised to carry out waste m a n a g e m e n t services by the Municipal Structures Act. subject to such limitations or conditions as may be d e t e r m i n e d by the Minister. before finalising its integrated waste m a n a g e m e n t plan. (4) (a) E a c h municipality m u s t — (i) submit its integrated waste m a n a g e m e n t plan to the M E C for a p p r o v a l : and (ii) include the approved integrated waste m a n a g e m e n t plan in its integrated d e v e l o p m e n t plan contemplated in Chapter 5 of the Municipal S y s t e m s Act. the D e p a r t m e n t and every provincial d e p a r t m e n t contemplated in subsection (1) must follow a consultative process in accordance with sections 72 and 7 3 . either as a separate process or as part of the consultative process relating to its integrated d e v e l o p m e n t plan c o n t e m p l a t e d in that section. in consultation with the M E C . or (bb) is in conflict with. 1998 (Act N o . follow the consultative process contemplated in section 29 of the Municipal S y s t e m s Act. (4) A p o w e r delegated or a duty assigned to a waste m a n a g e m e n t officer by virtue of subsection (1). 117 of 1998). 5 10 15 20 25 30 35 40 45 50 . (7) (a) Before finalising an integrated waste m a n a g e m e n t plan. the M E C for local g o v e r n m e n t . (3) T h e Department may incorporate its integrated waste m a n a g e m e n t plan in any relevant national e n v i r o n m e n t a l plan. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. must ensure that the municipal integrated waste m a n a g e m e n t plan is co-ordinated and aligned with the plans. strategies and p r o g r a m m e s of the D e p a r t m e n t and provincial d e p a r t m e n t s . or (ii) request a municipality to c o m p l y with a specific provision of this Act relating to the process of drafting or a m e n d i n g integrated waste m a n a g e ­ ment plans if the municipality has failed to c o m p l y with the p r o c e s s or provision. 32000 GOVERNMENT GAZETTE. 2008 Act No. respectively.o r d i n a t i n g matters pertaining to waste m a n a g e m e n t in that municipality. or negates any relevant integrated waste m a n a g e m e n t plan or the national waste m a n a g e ­ ment strategy. must designate in writing a waste m a n a g e m e n t officer from its administration to be responsible for c o . (5) T h e Department and the provincial d e p a r t m e n t s c o n t e m p l a t e d in subsection (1) must submit their integrated waste m a n a g e m e n t plans to the Minister for a p p r o v a l . (8) Subsection (7) need not be c o m p l i e d with if the integrated waste m a n a g e m e n t plan is a m e n d e d in a non-substantive manner. or (iii) approve the plan or a m e n d m e n t .

59. (v) in the case of a municipal integrated waste m a n a g e m e n t plan. minimisation. if applicable. insofar as such plan affects a municipality. to address the delivery of waste m a n a g e m e n t services to residential p r e m i s e s . provincial d e p a r t m e n t or municipality in respect of wasle m a n a g e m e n t . and (i) c o m p l y with the requirements prescribed by the Minister. (vi) to implement the R e p u b l i c ' s obligations in respect of any relevant international a g r e e m e n t s . recycling and recovery targets and initiatives. or that are available. be submitted to the M E C and the Minister for approval. treatment and disposal of waste. 2008 Act No. (ii) an assessment of the quantities and types of waste that are generated in the area. recycling and recovery. (c) the delivery of wasle m a n a g e m e n t services and m e a s u r e s taken to secure the efficient delivery of waste m a n a g e m e n t services. (2) In the preparation of an inlegrated waste m a n a g e m e n t plan the Department and provincial d e p a r t m e n t s must give proper effect to the r e q u i r e m e n t s contained in C h a p t e r 5 of the Municipal S y s t e m s Act. be submitted to the Minister for approval. R e p o r t i n g on i m p l e m e n t a t i o n of integrated w a s t e m a n a g e m e n t p l a n s 13. (iii) a description of the services that are provided. 2008 C o n t e n t s of integrated w a s t e m a n a g e m e n t p l a n s 12. (2) T h e annual performance report that the D e p a r t m e n t or provincial d e p a r t m e n t must submit in terms of subsection (1) must contain information on the implementation of its integrated waste m a n a g e m e n t plan. and (b) in the case of the Department. (b) within the d o m a i n of the D e p a r t m e n t . ( I ) A n n u a l performance reports on the implementation of the inlegrated waste m a n a g e m e n t plans must. re-use. (b) the waste m a n a g e m e n t initiatives that have been undertaken during ihe reporting period. including information o n — (a) the extent to which the plan has been i m p l e m e n t e d during the period. provincial department or municipality. minimisation. (/) set out the approach of the Department. (iii) to identify and address the negative impact of poor waste m a n a g e m e n t practices on health and the e n v i r o n m e n t : (iv) to provide for the implementation of waste minimisation. (d) set out the priorities and objectives of the Department. 32000 GOVERNMENT GAZKTTF. provincial department or municipality to the planning of any new facilities for disposal and d e c o m m i s s i o n i n g of existing waste disposal facilities. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. for the collection. and (iv) the n u m b e r of persons in the area w h o are not receiving wasle collection services. 5 10 15 20 25 30 35 40 45 50 55 . set oul how that Department. provincial department or municipality i n t e n d s — (i) to give effect. (h) describe how the D e p a r t m e n t . to Chapter 3 of the National Environmental M a n a g e m e n t Act: (ii) to give elf eel to the objects of this Act. in respect of waste m a n a g e m e n t . (e) establish targets for ihe collection. re-use. in ihe case of— (a) a provincial d e p a r t m e n t . re-use and recycling of waste. (1) An integrated waste m a n a g e m e n t plan must at least— (a) contain a situation analysis that i n c l u d e s — (i) a description of the population and d e v e l o p m e n t profiles of ihe area to which the plan relates. (g) indicate the financial resources that are required to give effect to the plan. provincial d e p a r t m e n t or municipality intends to give effect to its integrated waste m a n a g e m e n t plan. (vii) to give effect to best e n v i r o n m e n t a l practice in respect of waste management: (c) within the d o m a i n of the Department or provincial department.28 No. set out how the Department or provincial department intends to identify the m e a s u r e s that are required and that are to be implemented to support municipalities to give effect to the objects of this Act.

(d) m e a s u r e s for the minimisation. (e) r e q u i r e m e n t s for the registration and monitoring of. in the event of any n o n . (4) Despite subsections ( I ) and (2). (3) The annual performance report prepared in terms of section 4 6 of the M u n i c i p a l S y s t e m s Act must contain information on the implementation of the m u n i c i p a l integrated waste m a n a g e m e n t plan. 59. (3) If the declaration under subsection ( I ) or (2) of a waste as a priority waste is likely to have a significant impact on the national e c o n o m y . (d) . (i) in the case of a province. recycling and recovery rates or reduce health and environmental impacts. (/) the waste m a n a g e m e n t monitoring activities. storage. (4) A notice under subsection (1) or (2) must specify the waste m a n a g e m e n t m e a s u r e s that must be taken. (Ii) the measures that have been taken to m a k e any necessary a m e n d m e n t s to ihe plan. (1) T h e Minister may.c o m p l i a n c e with the plan. treatment and disposal of the priority w a s t e . including the information set out in paragraphs (a) to (j) of subsection (2) insofar as it relates to the performance of the municipality. (b) a prohibition on the generation of the priority w a s t e . the extent to which municipalities c o m p l y with the plan and. (2) T h e M E C may in writing request the Minister to declare a waste to be a priority waste in the manner contemplated in subsection (1). 32000 GOVERNMENT GAZETTE. the Minister must consult with a person or category of persons lhat may be affected by the notice.c o m p l i a n c e : and (j) any other requirements as may be prescribed by the Minister. (6) (a) Before publishing a notice in terms of subsection (1). re-use. declare a waste to be a priority waste if the Minister on reasonable g r o u n d s believes that the waste p o s e s a threat to health.30 No. well-being or the environment because of the quantity or c o m p o s i t i o n of the waste a n d — (a) that specific waste management measures are required to address the threat. and (/) any other m e a s u r e s that the Minister believes are necessary to m a n a g e the threat that is presented by the waste or to achieve the objects of this Act. the reasons for such n o n . (g) the actual budget e x p e n d e d on i m p l e m e n t i n g the plan. and reporting on. or any a m e n d m e n t to the notice. by notice in the Gazette. 2008 the level of c o m p l i a n c e with the plan and any applicable waste m a n a g e m e n t standards. 2008 Act No. priority waste. (e) the m e a s u r e s taken to secure c o m p l i a n c e with waste m a n a g e m e n t standards. and follow a consultative process in a c c o r d a n c e with sections 72 and 7 3 . CHAPTER 4 WASTE M A N A G E M E N T MEASURES Part 1 Priority wastes D e c l a r a t i o n of priority wastes 14. such declaration may only be m a d e after consultation with the Minister of Trade and Industry and the Minister of Finance. the Minister may specify in writing a different m e c h a n i s m for the reporting on integrated waste m a n a g e m e n t plans if necessary to improve the co-ordination of waste m a n a g e m e n t . re-use. recycling and recovering. or (h) that the imposition of specific waste m a n a g e m e n t m e a s u r e s in respect of the waste may improve reduction. (5) The m e a s u r e s contemplated in subsection (4) m a y i n c l u d e — (a) a requirement for identified persons falling within a category of p e r s o n s to prepare an industry waste m a n a g e m e n t plan in terms of section 28 in respect of the declared priority waste. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (c) m e a s u r e s for the m a n a g e m e n t of the priority w a s t e . (b) Paragraph (a) need not be complied with if the notice is a m e n d e d in a non-substantive manner.

within the h o l d e r ' s power. and (/) prevent the waste from being used for an unauthorised p u r p o s e . ensure that the waste is treated and disposed of in an environmentally sound manner. (b) an industrial waste m a n a g e m e n t plan which has been submitted in a c c o r d a n c e with the r e q u i r e m e n t s of a notice referred to section 28 or 29. after following a consultative process in accordance with sections 72 and 7 3 . (1) N o person may import. 32000 GOVERNMENT GAZETTE. 59. (5) Subsection (4) need not be complied with if the regulation is a m e n d e d in a non-substantive manner. manufacture. is less harmful to the e n v i r o n m e n t than the disposal of such waste. 2008 C o n s e q u e n c e s of d e c l a r a t i o n of priority w a s t e s 15. modify or control any act or process causing the pollution. (b) reduce. and (e) remedy the effects of the pollution or environmental degradation. process. re-use. after consultation with the Minister of Trade and Industry and by notice in the Gazette. sell or export a priority waste or a product that is likely to result in the generation of a priority waste unless that wasle or product complies w i t h — (a) the waste m a n a g e m e n t m e a s u r e s contemplated in section 14(4). re-use. (d) eliminate any source of pollution or e n v i r o n m e n t a l d e g r a d a t i o n . require any person or category of persons t o — 50 . Part 3 Reduction. Part 2 General duty General duty in respect of w a s t e m a n a g e m e n t 16. recycling or recovery of w a s t e must. (1) A holder of waste must. recycling a n d recovery of waste 17. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. treat or dispose of a priority waste unless it is in accordance with this Act and the waste m a n a g e m e n t m e a s u r e s c o n t e m p l a t e d in section 14(4). (2) N o person may recycle. (4) The Minister or M E C may issue regulations to provide g u i d a n c e on how to discharge this duty or identify specilic requirements that must be given efleet to. any person w h o undertakes an activity involving the reduction. take all r e a s o n a b l e measures t o — (a) avoid the generation of waste and where such generation cannot be avoided. recycling or recovery of the waste— (a) uses less natural resources than disposal of such waste: and (b) to the extent that it is possible. or (c) any other requirement in terms of this Act. recycling and recovery of waste 45 15 5 10 20 25 30 35 40 R e d u c t i o n . assess and evaluate the impact of the wasle in question on health or the e n v i r o n m e n t . (2) T h e Minister may. ensure that the reduction. to minimise the toxicity and a m o u n t s of waste that are generated. (2) Any person w h o sells a product that may be used by the public and that is likely to result in the generation of hazardous waste must take reasonable steps to inform the public of the impact of that wasle on health and the e n v i r o n m e n t . (1) Unless otherwise p r o v i d e d for in this Act. recycle and recover waste. before undertaking that activity. (d) m a n a g e the waste in such a manner that it does not e n d a n g e r health or the e n v i r o n m e n t or cause a nuisance through noise. re-use. 2008 Act No. re-use. (c) where waste must be disposed of. (c) comply with any norm or standard or prescribed m a n a g e m e n t practice.32 No. o d o u r or visual impacts. recover. re-use. (3) The m e a s u r e s contemplated in this section may include m e a s u r e s t o — (a) investigate. (b) cease. environ­ mental degradation or harm to health. (e) prevent any e m p l o y e e or any person under his or her supervision from contravening this Act.

(c) take into account the R e p u b l i c ' s obligations in terms of any applicable international a g r e e m e n t s . (1) T h e Minister after consultation with the Minister of Trade and Industry may. E x t e n d e d p r o d u c e r responsibility 18. (b) r e m o v i n g waste m a n a g e m e n t activities from the list. (2) The Minister may a m e n d the list b y — (a) adding other waste m a n a g e m e n t activities to the list. or (b) include a d e t e r m i n e d percentage of recycled material in a producl thai is produced. recycled or recovered.GOVERNMENT G A / E T T E . the Minister must follow a consultative process in a c c o r d a n c e with sections 72 and 7 3 . the Minister m u s t — (a) consult affected p r o d u c e r s : (b) follow a consultative process in a c c o r d a n c e with sections 72 and 7 3 . composition or production of a producl or packaging. and (g) the requirements that must be complied with in respect of the design. imported or manufactured by that person or category of p e r s o n s . including a requirement that— (i) clean production measures be i m p l e m e n t e d : (ii) the c o m p o s i t i o n . with the concurrence of the Minister of F i n a n c e . in such m a n n e r or in accordance with such standards or p r o c e d u r e s as may be prescribed. or any a m e n d m e n t to the notice. re-use. (3) Before publishing a notice under subsection (1) or any a m e n d m e n t to the notice. (b) the financial a r r a n g e m e n t s of a waste minimisation p r o g r a m m e . (2) The Minister may in a notice under subsection ( I ) specify— (a) the requirements in respect of the implementation and operation of an extended producer responsibility p r o g r a m m e . 59. and (d) consider relevant scientific information. (e) the labelling r e q u i r e m e n t s in respect of waste. re-use. 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. re-used. Part 4 Waste management Listed w a s t e m a n a g e m e n t activities 19. and (c) identify the person or category of persons w h o must i m p l e m e n t the e x t e n d e d producer responsibilities m e a s u r e s contemplated in paragraph (b). or are likely to have. volume or weight of p a c k a g i n g be restricted. (e) the institutional a r r a n g e m e n t s for the administration of a waste minimisation programme. in order to give effect to the objects of this Act. recovery. (b) specify the extended producer responsibility m e a s u r e s that must be taken in respect of that product or class of p r o d u c t s . and (iii) p a c k a g i n g be designed so that it can be reduced. (f) thai the producer of a product or class of products identified in that notice must carry out a life cycle assessment in relation to the product. (3) (a) Before publishing a notice in terms of subsection (2). treatment and disposal of w a s t e . a detrimental effect on the e n v i r o n m e n t . activities (a) 5 10 15 20 25 30 35 40 45 50 55 . recycling and recovery of p r o d u c t s or c o m p o n e n t s of a product manufactured or imported by that person. (b) Paragraph (a) need not be complied with if the notice is a m e n d e d in a non-substantive manner. (d) the percentage of products that must be recovered under a waste minimisation programme. 10 MARCH 2009 Act No. recycling. (1) T h e Minister may by notice in the Gazette publish a list of waste m a n a g e m e n t activities that have. unless the notice is a m e n d e d in a non-substantive m a n n e r . by notice in the Gazette— (a) identify a product or class of products in respect of which extended p r o d u c e r responsibility applies. 2008 provide for the reduction. including the r e q u i r e m e n t s for the reduction. or (c) m a k i n g other c h a n g e s to the particulars on the list.

and (b) must d e t e r m i n e the date on which the notice takes effect. a detrimental effect on the e n v i r o n m e n t in the province c o n c e r n e d . or (ii) adequately controlled by other legislation. or (iii) m a k i n g other c h a n g e s to the particulars on the list. (5) T h e M E C . (7) A list published under subsection (5) by the M E C applies lo the relevant province only. or are likely to have. if a waste m a n a g e m e n t licence is not required. or (b) a wasle m a n a g e m e n t licence issued in respect of that activity. with the c o n c u r r e n c e of the Minister. and (b) when necessary. (ii) r e m o v i n g waste m a n a g e m e n t activities from the list. N o person may c o m m e n c e . if a licence is required. as the case may be. (8) A notice under subsection (1) or ( 5 ) — (a) may contain transitional and other special a r r a n g e m e n t s in respect o f waste m a n a g e m e n t activities that are carried out at the time o f their listing. Schedule 1 of this Act is applicable. 2008 (3) A notice referred to in subsection ( 1 ) — (a) must indicate w h e t h e r a wasle m a n a g e m e n t licence is required to conduct ihe activity or. 5 10 15 20 25 30 35 40 . or any a m e n d m e n t to such notice. 32000 GOVERNMENT GAZETTE. 2008 Act No. the lists published under subsection (1) or (5) or Schedule 1 may divide the waste m a n a g e m e n t activities into dilferent categories (10) (a) Before publishing a notice under subsection (1) or (5). 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. the Minister or M E C . except in a c c o r d a n c e w i t h — (a) the requirements or standards d e t e r m i n e d in terms of section 19(3) for that activity. if applicable. 59. (b) may exclude certain quantities or categories o f waste or categories of persons from I h e application of the notice if the wasle in question i s — (i) of such a small quantity or temporary nature that it is unlikely to c a u s e pollution to the environment or harm to h u m a n health. a m e n d the lisi b y — (i) adding other waste m a n a g e m e n t activities to the list.36 No. the r e q u i r e m e n t s or standards that must be adhered to when c o n d u c t i n g the activity. (c) may contain transitional and other special a r r a n g e m e n t s in respect of wasle m a n a g e m e n t activities that are carried out at ihe time of I h e i r listing: and (d) must d e t e r m i n e the date on which ihe notice takes effect. undertake or conduct a waste m a n a g e m e n t activity. (9) For ihe purposes of administrative efficiency. may by notice in the Gazelle— (a) publish a list o f waste m a n a g e m e n t activities that have. (6) A list published under subsection (5) by the M E C must include waste m a n a g e m e n t activities listed in Schedule 1 or listed under section (1). C o n s e q u e n c e s of listing w a s t e m a n a g e m e n t activities 20. (b) Paragraph (a) need not be complied with if the list c o n t e m p l a t e d in subsection (1) or (5) is a m e n d e d in a non-substantive manner. must follow a consultative process in a c c o r d a n c e with sections 7 2 and 7 3 . (4) Until such time as (he Minister has published a notice c o n t e m p l a t e d in subsection (1).

( 1) T h e Minister. are intact and not c o r r o d e d or in any other way rendered unlit for the safe storage of w a s t e . 2008 Act No. and (d) the right of a municipality to differentiate between categories of users and geographical areas when setting service standards and levels of service for the provision of municipal services. 59. unless otherwise provided by this Act. A n y person w h o stores waste must at least take steps. and 45 . and as far as is reasonably possible. recyclable or recoverable and that is intended to be reduced. 5 10 S t o r a g e of g e n e r a l w a s t e 22. requireany person or category of persons w h o transports waste for gain t o — (a) register with the relevant waste m a n a g e m e n t officer in the D e p a r t m e n t . (1) A n y person w h o generates general waste that is collected by a municipality must place the waste in a container approved. 2008 Part 5 Storage. re-used. recycled or recovered in a c c o r d a n c e with this Act or any applicable b y . 32000 GOVERNMENT GAZETTR. designated o r provided by the municipality for that p u r p o s e and in a location approved or authorised by the municipality. as the case may be. (2) Every municipality must. (2) Waste that is reusable. by notice in the Gazette.l a w s need not be placed in a container c o n t e m p l a t e d in subsection ( I). 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. but where the municipality takes action to limit the provision of services. (b) adequate m e a s u r e s are taken to prevent accidental spillage or leaking. an M E C or a municipality may. 15 20 25 30 35 40 D u t i e s of p e r s o n s t r a n s p o r t i n g w a s t e 25. to ensure t h a t — (a) the containers in which any waste is stored.38 No. (c) the right of a municipality to limit the provision of general waste collection services if there is a failure to c o m p l y with reasonable c o n d i t i o n s set for the provision of such services. visual impacts and breeding of vectors d o not arise. or not prohibited from collecting that waste. where authorisation is required. No (a) (b) (c) person may collect waste for removal from premises unless such person i s — a municipality or municipal service provider. collection and transportation of waste General r e q u i r e m e n t s for s t o r a g e of w a s t e 21. subject to this Act. authorised by law to collect that waste. Waste collection services 2 3 . Collection of w a s t e 24. the limitation must not pose a risk to health or the e n v i r o n m e n t . (c) the waste cannot be blown away. and (e) pollution of the e n v i r o n m e n t and harm to health are prevented. p r o v i n c e or municipality. (1) Waste collection services are subject t o — (a) the need for an equitable allocation of such services to all people in a municipal area: (b) the obligation of persons utilising the service to pay any applicable c h a r g e s . (d) nuisances such as odour. provide containers or receptacles for the collection of recyclable waste that are accessible to the public.

a person w h o is in control of a vehicle. and (b) that the litler is disposed of before it b e c o m e s a nuisance. is considered to knowingly cause thai waste to be offloaded at the location w h e r e the waste is deposited. stream. must ensure— (a) that sufficienl containers or places are provided to contain litter that is discarded by the public. 59. and (ii) ihe most e n v i r o n m e n t a l l y and economically feasible option for the m a n a g e m e n t of the waste w a s adopted. or (b) dispose of wasle in a m a n n e r that is likely to cause pollution of the e n v i r o n m e n t or harm to health and well-being. a person transporting the waste must. a person transporting the waste must. thai is used to iransport waste for the purpose of offloading that waste. (4) W h e r e hazardous waste is transported for purposes other than disposal. in or on any land.40 No. is authorised to accept such waste and must obtain written confirmation that the waste has been accepted. deposit. or on any place to which the general public has access. a ground for a complaint or causes a negative impact on the e n v i r o n m e n t . vacant erf. watercourse. before oflloading the waste from the vehicle. or knowingly or negligently c a u s e or permit wasle to be disposed of. ( I ) An o w n e r of privately o w n e d land to which the general public has access. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENTWASTE ACT. before oflloading the waste from ihe vehicle. spill or in any other way discard any litter into or o n t o any public place. (a) 20 25 30 35 40 45 . e n s u r e that the facility or place to which the waste is transported.( 1) N o person m a y — dispose of waste. or (b) the disposal of the waste was d o n e to protect human life or as a result of an emergency beyond that p e r s o n ' s control. Part 6 Treatment. land. Littering 27. 2008 furnish such information as is specified in that notice or as the w a s t e m a n a g e m e n t officer may reasonably require. (3) W h e r e waste is transported for the purposes of disposal. drop. (2) No person m a y — (a) throw. w a t e r b o d y or at any facility unless ihe disposal of that waste is authorised by law. (2) Subsection (1) need not be complied with if— (a) the wasle w a s generated as a result of normal household activities a n d — (i) ihe municipality does not render a waste collection service in that area. except in a container or a place specifically provided for that p u r p o s e : or (b) allow any person under that p e r s o n ' s control to d o any of the acts contemplated in paragraph (a). is authorised to accept such w a s l e . processing and disposal of waste (b) 5 10 15 Prohibition of u n a u t h o r i s e d disposal 26. street or road. (2) A n y person e n g a g e d in ihe transportation of waste must lake all reasonable steps to prevent any spillage of waste or littering from a vehicle used to transport waste. 2008 Aci No. or in a position to control the use of a vehicle. 32000 GOVERNMENT GAZETTE. (5) In the absence of evidence to the contrary which raises a reasonable d o u b t . ensure that the facility or place to which the waste is transported.

2008 Act No. 32000 GOVERNMENT GAZETTE. (5) and (6) apply with the c h a n g e s required by the context. and (c) the m a n n e r in which an industry waste m a n a g e m e n t plan may contribute t o — (i) the avoidance or minimisation of the generation of waste. (5) T h e Minister or M E C must. the Minister may by written notice require a person. (3) W h e n exercising a p o w e r under subsection (1) or (2). category of persons or industry contemplated in subsection (1) or (2). by notice in writing. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (2) An M E C may. or by notice in the Gazette require a category of persons or an industry. require an industry waste m a n a g e m e n t plan to be prepared by the provincial department responsible for e n v i r o n m e n t a l affairs. before exercising a p o w e r under subsection ( I ) or (2). or by notice in the Gazette require a category of persons or an industry. ( I ) W h e r e any activity results in the generation of waste that affects more than one province or where such activity is c o n d u c t e d in more than one p r o v i n c e . as the case may be. as the case may be. 59. and (iii) the conserving of natural resources. category of persons or industry to be affected. 2008 Part 7 Industry waste management plans P r e p a r a t i o n of industry w a s t e m a n a g e m e n t plans by c e r t a i n p e r s o n s 2 8 . (2) T h e M E C may. category of persons or industry s u b m i t s an industry waste m a n a g e m e n t plan in terms of paragraph (a)— (i) subsections (4).42 No. within a stipulated timeframe. (7) (a) A person. excluding a municipality. category of persons or industry w h o has submitted an industry waste m a n a g e m e n t in c o m p l i a n c e with subsection ( I ) . consult the person. that generates waste to prepare and submit an industry waste m a n a g e m e n t plan to the M E C for approval. (ii) the reduction of negative impacts on health and the e n v i r o n m e n t . (6) T h e Minister or M E C . the M E C may not require a person. (4) W h e n exercising a p o w e r under subsection (1) or (2). that generates waste to prepare and submit an industry waste m a n a g e m e n t plan to the Minister for approval. category of persons or industry c o n t e m p l a t e d in subsection (1) or (2) may elect to prepare an industry waste m a n a g e m e n t plan for approval in terms of this Part without being required to d o so by the Minister or M E C . and (ii) the Minister or M E C to w h o m ihe plan is submitted may exercise any of their respective p o w e r s set out in this Part in respect of that plan. require an industry waste m a n a g e m e n t plan to be prepared by an organ of state. within a stipulated timeframe. the Minister or M E C . as the case may be. category of persons or industry. to prepare and submit an industry waste m a n a g e m e n t plan in respect of the same matter. (b) the environmentally sensitive nature of a natural resource or the a m o u n t of natural resources that is c o n s u m e d in the manufacturing or production processes thai result in the w a s t e . P r e p a r a t i o n of industry waste m a n a g e m e n t plans b y o r g a n s o f state 29. (1) T h e Minister may. in respect of any activity within (he province c o n c e r n e d that results in the generation of waste. the Minister or M E C must consider w h e t h e r — (a) the diversity. by written notice require a person. must c o n s i d e r — (a) the impact or potential impact of the waste on health and the e n v i r o n m e n t that is generated by the applicable person. (b) W h e n a person. (3) Despite subsection (2). by notice in writing. complexity and competitive nature of the industry c o n c e r n e d would make it impractical for a category of persons other than an organ of 5 10 15 20 25 30 35 40 45 50 . may give directions that an industry waste m a n a g e m e n t plan must be prepared by an independent person for the cost of the person.

after written notice. regarding the consultation process thai must be followed. (2) T h e information that the Minister or M E C specifies in terms of subsection (1) may include— (a) the amount of waste that is generated. (h) m e c h a n i s m s for informing the public of the impact of the w a s t e . may. unless that plan is being prepared as a result of a person w h o w a s required lo prepare that plan failing to do so. or the M E C . product design or production processes. (c) targets for waste minimisation through waste reduction. or (h) ihe person w h o is required lo revise or a m e n d the plan in t e r m s of seclion 32(1). ( I ) T h e Minister. interested p e r s o n s and the public and must follow any directions given by the Minister or M E C . in which case section 31(2) applies. (6) An organ of state or provincial department c o n t e m p l a t e d in subsection (1) and (2). has failed to d o so. respectively. must specify the information that must be included the industry waste m a n a g e m e n t plan. C o n t e n t s of industry w a s t e m a n a g e m e n t plans 30. (i) the extent of any financial contribution to be made to support c o n s u m e r . (b) the k n o w l e d g e or experience of the persons w h o are likely lo be affected by the plan in ihe areas of wasle reduction. (j>) opportunities for the reduction of waste generation through c h a n g e s to packaging. (5) Any organ of state or provincial d e p a r t m e n t c o n t e m p l a t e d in subsection (1) and (2). re-use.44 No. (b) m e a s u r e s to prevent pollution or ecological degradation.g e n e r a t i n g products or p a c k a g i n g on the e n v i r o n m e n t . in a notice contemplated in seclion 28( 1) or 29( 1). or (d) the person required to prepare a plan in a c c o r d a n c e with section 2 8 . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. as the castmay be. respectively. 2008 Act No. 2008 state or provincial department responsible lor e n v i r o n m e n t a l affairs to prepare the plan. require any person lo provide such information as may be necessary to prepare the industry waste m a n a g e m e n t plan. Notification of i n d u s t r y w a s t e m a n a g e m e n t plans 31. may recover the costs of preparing an induslry wasle m a n a g e m e n t plan f r o m — (a) the person contemplated in section 28 w h o . but has failed to d o so. 59. failed to prepare the plan. in a notice c o n t e m p l a t e d in section 28(2) or 29(2). must follow a consultative process in a c c o r d a n c e with sections 72 and 7 3 . recycling and recovery. or to revise or a m e n d the plan in terms of section 32(1). (2) An organ of stale required to prepare an induslry wasle m a n a g e m e n t plan in terms of seclion 29 as a result of a person w h o w a s required to prepare that plan failing to d o . recycling and recovery is limited. as the case may be. (d) m e a s u r e s or p r o g r a m m e s lo minimise the generation of wasle and the final disposal of waste: (e) m e a s u r e s or actions to be taken to m a n a g e waste. 32000 GOVERNMENT GAZETTE. (/) the phasing out of the use of specified substances. re-use.b a s e d waste reduction p r o g r a m m e s : (j) ihe period that is required for implementation of the plan: (k) m e t h o d s for monitoring and reporting. (4) T h e Minister or M E C . (c) ihe persons w h o are likely to be alfected by the plan c o m p r i s e of small. by written notice. and (I) any other matter that may be necessary to give effect to the objects of this Act. (1) Any person required to produce an industry waste m a n a g e m e n t plan in t e r m s of section 28 must take appropriate sleps to bring the contents of a proposed industry waste m a n a g e m e n t plan to the attention of relevant organs of slate. m e d i u m or micro enterprises.

or the M E C acting in terms of section 28(2) or 29(2). or (d) reject the plan with r e a s o n s if it does not c o m p l y with the r e q u i r e m e n t s of a notice in terms of section 28( 1) or (2) or 29( 1) or (2).46 No. may. by notice in writing and without any criminal p r o c e e d i n g s being affected. as the case may be. (c) require a m e n d m e n t s to be m a d e to the plan within timeframes specified by the Minister or M E C . (5) A n approval in terms of subsection (\)(a) must at least specify the period for which the approval is issued. or any a m e n d e d industry waste m a n a g e m e n t plan resubmitted in t e r m s of subsection (2) for the first time. which period may be extended by the Minister or M E C . as the case m a y be. interested persons and the public. and a copy of all c o m m e n t s must be submitted to the Minister or M E C . and give directions for the i m p l e m e n t a t i o n of the plan. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. as the case may be. (2) W h e n specifying the waste m a n a g e m e n t m e a s u r e s to be taken in terms of subsection ( I ) . (6) Notice must be given in the relevant Gazette of any industry waste m a n a g e m e n t plan that has been prepared in terms of section 28 and that has been a p p r o v e d by the Minister or M E C . (1) If the Minister or M E C rejects an industry waste m a n a g e m e n t plan in t e r m s of section 32 more than o n c e . or if any person w h o is required in terms of section 28( 1) or (2) to prepare an industry waste m a n a g e m e n t plan fails to d o so. as the case m a y be. acting in terms of section 28( I) or 29( 1). Specification of m e a s u r e s to be t a k e n 3 3 . C o n s i d e r a t i o n of industry w a s t e m a n a g e m e n t p l a n s 32. (b) require additional information to be furnished and a revised plan to be submitted within timeframes specified by the Minister or M E C for a p p r o v a l . the Minister or M E C must reconsider the plan. 32000 GOVERNMENT GAZETTE. together with the plan. 5 10 15 20 25 30 35 40 45 50 . 59. may on receipt of an industry waste m a n a g e m e n t p l a n — (a) approve the plan in writing. (7) An industry waste m a n a g e m e n t plan that has been prepared by an organ of state or provincial d e p a r t m e n t responsible for e n v i r o n m e n t a l affairs in terms of section 29 and that has been approved by the Minister or M E C . or if a person fails to revise or a m e n d a plan as required by the Minister or the M E C in terms of section 32( 1). and to the extent possible. the Minister or M E C . (4) On receipt of any information or a m e n d m e n t s requested in terms of subsection (1 )(h) or (c).( 1) T h e Minister. (3) Any c o m m e n t s submitted in respect of an industry waste m a n a g e m e n t plan must be considered by the person responsible for preparing the plan. as the case may be. if applicable. as the case may b e . specify the waste m a n a g e m e n t m e a s u r e s that must be taken by that person to ensure that that person is not unduly a d v a n t a g e d by the failure to submit a plan. (2) A n y failure to c o m p l y with a requirement referred to in subsection (\)(b) or (c) within the timeframes specified by the Minister or the M E C is regarded as constituting a failure to submit an industry waste m a n a g e m e n t plan (3) An industry waste m a n a g e m e n t plan that has been rejected in terms of subsection (\)(d) may be a m e n d e d and resubmitted to the Minister or M E C . must be published in the relevant Gazette. 2008 Act No. with any a m e n d m e n t s or conditions. together with an indication of when and h o w the plan must be implemented. the Minister or M E C . align the m e a s u r e s to be taken with the m e a s u r e s that are set out in any other approved industry waste m a n a g e m e n t plan and that is related to the activities of the person whose plan has been rejected more than once or w h o failed to submit a plan. or if a consultation process in a c c o r d a n c e with section 31 w a s not followed. 2008 so must bring the contents of a p r o p o s e d industry waste m a n a g e m e n t plan to the attention of relevant organs of state. must consider.

PartS Contaminated A p p l i c a t i o n of this Part 35. (3) Before publishing a notice under subsection ( I ) . may. as the case may be. must be reviewed at intervals specified in the approval or at intervals specified by the M i n i s t e r or M E C by notice in writing or in the relevant Gazette. 32000 GOVERNMENT GAZETTE. or (b) in a notice published under section 36( I) or issued under section 3 6 ( 6 ) — (i) direct the o w n e r of the investigation area. 2008 R e v i e w of industry waste m a n a g e m e n t plans 34. must notify ihe Minister and M E C of that contamination as soon as that person b e c o m e s a w a r e . 59. (4) Subsection (3) need not be complied with if the notice is a m e n d e d in a non-substantive manner. ihe Minister or M E C . ( 1) T h e Minister or M E C . or a person w h o u n d e r t a k e s an activity that caused the land lo be significantly c o n t a m i n a t e d . 20 5 land 10 15 25 30 35 40 45 50 . (2) A notice under subsection (1) by the Minister applies nationally. after consultation with the Minister of Water Affairs and Forestry and any other organ of state concerned. must follow a consultative process in a c c o r d a n c e with sections 72 and 7 3 . or the M E C in respect of an area which affects the relevant province. (5) An o w n e r of land that is significantly contaminated. as the case may be. (b) land that the Minister or M E C . This part applies to the contamination of land even if the c o n t a m i n a t i o n — (a) occurred before the c o m m e n c e m e n t of this Act. must take c o g n i s a n c e of the review periods that have been specified in any related waste m a n a g e m e n t licence. as the case may be. 2008 Act No. of that contamination. on reasonable g r o u n d s believes to be contaminated. (1) T h e Minister. may in respect of an investigation area c o n t e m p l a t e d in seclion 36. and a notice u n d e r thai subsection by the M E C applies to the relevant province only. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. or by the M E C in t e r m s of section 28(2) or 29(2). by notice in the Gazette. (2) W h e n specifying a review period for an induslry waste m a n a g e m e n t plan prepared by a person. Identification a n d notification of investigation a r e a s 36. after consultation with the Minister of Water Affairs and F o r e s t r y — (a) c a u s e a site assessment to be c o n d u c t e d in respect of the relevant investigation area. the Minister or M E C . ( 1) An industry waste m a n a g e m e n t plan that has been required by the Minister in terms of section 28( 1) or 29( I). or any a m e n d m e n t to the notice. (b) originated on land other than land referred to in section 3 8 . (c) arises or is likely to arise at a different lime from the actual activity that caused the c o n t a m i n a t i o n . or (ii) direct the person w h o has undertaken or is undertaking the high risk activity or activity that caused or may have caused the c o n t a m i n a t i o n of the investigation area. C o n s e q u e n c e s of identification a n d notification of investigation areas 37. or (d) arises through an act or activity of a person that results in a c h a n g e lo pre-existing c o n t a m i n a t i o n . (6) Despite subsection (1).48 No. identify as investigation a r e a s — (a) land on which high-risk activities have taken place or are taking place that are likely to result in land contamination. as the case may be. the Minister or M E C may issue a written notice lo a particular person identifying specific land as an investigation area if the Minister or M E C on reasonable g r o u n d s believes thai the land is or is likely to be c o n t a m i n a t e d .

(ii) the substances present in or on the land are toxic. but that m e a s u r e s are required to address the m o n i t o r i n g and m a n a g e m e n t of that risk. as the case may be. or (b) new information or evidence warrants an a m e n d i n g the order. the Minister or M E C must declare the land to be a remediation site and make such remediation order as is necessary to neutralise that risk. 5 10 15 20 25 30 35 40 45 50 . (3) For the p u r p o s e s of this section. at o w n cost. (iii) there are exposure p a t h w a y s available to the substances. decide t h a t — (a) the investigation area is contaminated. m a y a m e n d a r e m e d i a t i o n order if— (a) o w n e r s h i p of the land is transferred and the new o w n e r in writing a s s u m e s responsibility for the remediation. as the case may b e . 2008 Act No. the Minister or M E C may m a k e an order specifying the m e a s u r e s that must be taken. after consultation with the Minister of Water Affairs and Forestry and any other organ of state concerned. presents a risk to health or the e n v i r o n m e n t . 2008 to cause a site assessment to be c o n d u c t e d by an independent person. (c) the investigation area is c o n t a m i n a t e d and d o e s not present an i m m e d i a t e risk. decides that an investigation area is c o n t a m i n a t e d and requires remediation. (iv) the use or proposed use of the land and adjoining land increases or is likely to increase the risk to health or the e n v i r o n m e n t : (v) the substances have migrated or are likely to migrate from the land. as the case may be. and to submit a site a s s e s s m e n t report to the Minister or M E C within a period specified in the notice. (1) On receipt of a site assessment report c o n t e m p l a t e d in section 3 7 . an order under subseciion (3) or a directive under section 37(1) must be c o m p l i e d with at the cost of the person against w h o m the order or directive is issued. or (d) the investigation area is not c o n t a m i n a t e d . as the ease m a y b e . (3) If the Minister or M E C . but those c i r c u m s t a n c e s are reasonably foreseeable. (4) Unless o t h e r w i s e directed. presents a risk to health or the e n v i r o n m e n t . may. (b) W h e r e the findings of the site assessment report are that the investigation area is c o n t a m i n a t e d . C o n s i d e r a t i o n of site a s s e s s m e n t reports 38. land may be regarded as being c o n t a m i n a t e d at any particular time if the risk of harm to health or the e n v i r o n m e n t could eventuate only in certain c i r c u m s t a n c e s and those c i r c u m s t a n c e s d o not exist at the lime that the site assessment is undertaken.. (2) (a) A site a s s e s s m e n t report must c o m p l y with any directions that may have been published or given by the Minister or M E C in a notice c o n t e m p l a t e d in section 36( 1) or (6) and must at least include information on w h e t h e r the investigation area is contaminated. the Minister or M E C . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. the site assessment report must at least contain information on w h e t h e r — (i) the contamination has already impacted on health or the e n v i r o n m e n t .SO No. 59. (2) If the Minister or M E C . (vii) any applicable standards have been e x c e e d e d . 32000 GOVERNMENT GAZKTTF. and must be remediated within a specified period. but that m e a s u r e s are required to address the m o n i t o r i n g and m a n a g e m e n t of that risk. (b) the investigation area is c o n t a m i n a t e d . and must be remediated urgently. a remediation order under subsection (2). (vi) the acceptable exposure for h u m a n and e n v i r o n m e n t a l receptors in that e n v i r o n m e n t have been e x c e e d e d . persistent or bioa c c u m u l a t i v e or are present in large quantities or high c o n c e n t r a t i o n s or occur in c o m b i n a t i o n s . decides that the investigation area d o e s not present an i m m e d i a t e risk. and (viii) the area should be remediated or any other m e a s u r e s should be taken to m a n a g e or neutralise the risk. (5) T h e Minister or M E C .

(3) T h e Minister or M E C . (b) The notification c o n t e m p l a t e d in paragraph (a) must identify the land sufficiently to enable the Registrar of D e e d s to enter the necessary information in or on registers and d o c u m e n t s kept by his or her Office. (3) An M E C w h o has identified an investigation area must furnish the relevant information to the Minister for recording in the national c o n t a m i n a t e d land register. without notifying the Minister or M E C and c o m p l y i n g with any conditions that are specified by the Minister or M E C . and must be remediated urgently. ( 1 ) T h e Minister must keep a national c o n t a m i n a t e d land register of investigation areas that includes information o n — (a) the o w n e r s and any users of investigation areas. but m e a s u r e s are required to address the monitoring and m a n a g e m e n t of that risk: or (iv) is not c o n t a m i n a t e d . (g) the m e a s u r e s that must be taken to monitor or m a n a g e the risk: and (Ii) any other prescribed matter. must consult with ihe Minister of Water Affairs and Forestry and any other organ of state c o n c e r n e d . as the case may be. 2008 Act No. 1937 (Act N o . 30 5 10 15 20 25 35 40 45 50 . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (c) the nature of the c o n t a m i n a t i o n . (iii) is c o n t a m i n a t e d and d o e s not present an immediate risk.52 No. (b) the location of investigation areas. the M i n i s t e r or M E C . (1) A remediation order issued under section 38(2) or an order issued u n d e r section 38(3) must describe. 2008 O r d e r s to r e m e d i a t e c o n t a m i n a t e d land 39. as ihe case may be. 59. (e) the period within which the order must be complied with. 32000 GOVERNMENT GAZHTTE. the Minister must notify the relevant Registrar of D e e d s appointed in terms of the D e e d s Registries Act. (1) N o person m a y transfer c o n t a m i n a t e d land without informing the person to w h o m that land is lo be transferred that the land is contaminated and. to the extent that it is a p p l i c a b l e — (a) the person w h o is responsible lor u n d e r t a k i n g the r e m e d i a t i o n . C o n t a m i n a t e d land register 4 1 . (2) (a) For the purposes of ensuring c o m p l i a n c e with this section. and (f) restrictions of use that have been imposed on investigation areas. presents a risk to health or the e n v i r o n m e n t . Transfer of r e m e d i a t i o n sites 40. may instruct any official within his or her D e p a r t m e n t to ensure that the remediation order is complied with. presents a risk to health or the e n v i r o n m e n t . (2) T h e Minister may c h a n g e the status of an investigation area c o n t e m p l a t e d in subsection (1 )(d)(\) or (ii) as provided for in subsection (1 )(d)(ui) or (iv) if a remediation order has been c o m p l i e d with or other c i r c u m s t a n c e s eventuate that justify such a change. id) the m e a s u r e s that must be taken to r e m e d i a t e the land or the standards that must be complied with when r e m e d i a t i n g the land. (b) the land to which the order applies. as the ease m a y be. of any land that has been declared as a remediation site. (c) the nalure and origin of the c o n t a m i n a t i o n : (d) w h e t h e r an investigation a r e a — (i) is c o n t a m i n a t e d . (ii) is c o n t a m i n a t e d . 47 of 1937). and must be remediated within a specified period. (/) whether any limitations in respect of the use of the land are i m p o s e d . in the c a s e of a remediation site. (e) the status of any remediation activities on investigation areas. (2) Before issuing a remediation order or an a m e n d e d remediation order.

or (e) t w o or more waste m a n a g e m e n t activities are to be undertaken at the s a m e facility and the Minister is the licensing authority for any one of those activities. including the importation or exportation of h a z a r d o u s w a s t e . the licensing authority must as far as practicable in the c i r c u m s t a n c e s c o . 59. 2008 Other Recognition programmes Part 9 measures 42. which licence grants approval in t e r m s of this Act and any other legislation specified in the licence. the Minister and an M E C may agree that an application or applications for waste m a n a g e m e n t licences r e g a r d i n g any waste management activity— (a) referred to in subsection (1). (1) A waste m a n a g e m e n t officer may establish a p r o g r a m m e for the publicrecognition of significant a c h i e v e m e n t s in the area of waste a v o i d a n c e . for the p u r p o s e s of achieving c o o r d i n a t i o n — (a) issue an integrated licence jointly with the other o r g a n s of state c o n t e m p l a t e d in subsection (1).o p e r a t i v e g o v e r n a n c e in w a s t e m a n a g e m e n t licence a p p l i c a t i o n s 4 4 . 32000 GOVERNMENT GAZETTE. minimisation or other forms of waste m a n a g e m e n t . thai have been consolidated into a single d o c u m e n t in order to ensure 5 10 15 20 25 30 35 40 45 50 . operation. may be dealt with by the M E C . (2) If the licensing authority decides to issue a licence it may. C o . or (b) in respect of which the M E C has been identified as the licensing authority. the M E C of the province in which the waste m a n a g e m e n t activity is being or is to be carried out is the licensing authority. (2) Subject to subsection (1). CHAPTER 5 LICENSING OF WASTE M A N A G E M E N T ACTIVITIES Licensing a u t h o r i t y 4 3 .m a k i n g process in Chapter 5 of the National E n v i r o n m e n t a l M a n a g e m e n t Act and other legislation administered by other organs of state.54 No. ( I ) T h e Minister is the licensing authority w h e r e — (a) unless otherwise indicated by the Minister by notice in the Gazette. 2008 Act No. the waste m a n a g e m e n t activity involves the establishment. (d) the waste m a n a g e m e n t activity will affect m o r e than o n e province or traverse international boundaries. cessation or d e c o m m i s s i o n i n g of a facility at which hazardous waste has been or is to be stored. (ii) a provincial d e p a r t m e n t responsible for e n v i r o n m e n t a l affairs. or (iii) a statutory body. treated or disposed of: (b) the waste m a n a g e m e n t activity involves obligations in terms of an interna­ tional obligation. (3) Despite subsections (1) and (2). or (b) issue the licence as part of a consolidated authorisation consisting of different authorisations issued under different legislation by the persons c o m p e t e n t to d o so. excluding any municipality. (2) T h e p r o g r a m m e c o n t e m p l a t e d in subsection (1) may contain m e c h a n i s m s to m a k e the public aware of sound waste m a n a g e m e n t practices. (1) For the purposes of issuing a licence for a waste m a n a g e m e n t activity.o r d i n a t e or consolidate the application and d e c i s i o n . (c) the waste m a n a g e m e n t activity is to be undertaken b y — (i) a national department. may be dealt with by the Minister. or be undertaken or c o n d u c t e d . without whose authorisation or approval or consent the activity may not c o m m e n c e . performing an e x c l u s i v e c o m p e t e n c e of the national sphere of g o v e r n m e n t .m a k i n g processes c o n t e m p l a t e d in this C h a p t e r with the d e c i s i o n . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT.

(7) An integrated licence must be regarded as an integrated e n v i r o n m e n t a l authorisation c o n t e m p l a t e d in section 2 4 L of the National E n v i r o n m e n t a l M a n a g e m e n t Act. 5 10 15 20 25 30 35 40 45 50 . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (6) W h e r e an integrated licence procedure or a consolidated authorisation p r o c e d u r e is established in terms of this section. (1) T h e licensing authority may by written notice to an applicant require that applicant. and (c) alternative environmentally sound m e t h o d s . and (b) such d o c u m e n t a t i o n and information as may be reasonably required by the licensing authority. thai could be used to treat that waste. the provisions of this C h a p t e r must be read with the necessary c h a n g e s as the context may require to enable a single application procedure or c o m b i n e d application procedure to be followed. (3) A person w h o requires a waste m a n a g e m e n t licence for a waste m a n a g e m e n t activity which involves the treatment of waste by incineration must submit. the applicant m u s t — (a) take all reasonable steps to verify that the person to be a p p o i n t e d is independent and has expertise in the m a n a g i n g of waste m a n a g e m e n t licence applications. (b) identify the authority or authorities that have issued it. (3) If an integrated licence contemplated in subsection (2)(a) is to be regarded as a valid authorisation or approval for the purposes of other legislation specified in the integrated licence. A p p l i c a t i o n for w a s t e m a n a g e m e n t licences 4 5 . (2) An application for a waste m a n a g e m e n t licence must be a c c o m p a n i e d b y — (a) the prescribed processing fee. 32000 GOVERNMENT GAZETTE. (4) An integrated licence m u s t — (a) specify the statutory provisions in terms of which it has been issued. together with any d o c u m e n t a t i o n or information contemplated in subsection (2). (1) A person w h o requires a waste m a n a g e m e n t licence must apply for the licence by lodging an application with the licensing authority.m a k i n g process for issuing thai integrated licence must c o m p l y with both the requirements of this Act and of that other legislation. and (d) indicate the appeal procedure to be followed. (5) An integrated licence may be enforced in terms of this Act and any other Act in terms of which it has been issued: Provided that a condition of an integrated licence may only be enforced in terms of the legislation that authorises the imposition of such a condition. 2008 Act No. and (b) provide the appointed person with access to all information at the disposal of the applicant reasonably required for the application. w h e t h e r or not lhat information is favourable to the applicant.56 No. (b) the existence of any incinerators in the jurisdiction of the licensing authority which are authorised to incinerate waste which is substantially similar to that w a s t e . (2) If an applicant is required to appoint an independent person. A p p o i n t m e n t of p e r s o n s to m a n a g e w a s t e m a n a g e m e n t licence a p p l i c a t i o n s 4 6 . (c) indicate to w h o m applications for any a m e n d m e n t or cancellation of the integrated licence must be m a d e . 2008 that the conditions that are imposed by each competent authority are c o m p r e h e n s i v e and mutually consistent. information on— (a) the types of waste lhat will be incinerated. to appoint an independent and suitably qualified person to m a n a g e an application. if any. then the d e c i s i o n . at o w n cost. 59. or by notice in the Gazette require applicants.

32000 GOVERNMENT GAZETTE. and (ii) to protect the e n v i r o n m e n t . the licensing authority must take into account all relevant matters. abate or mitigate pollution. W h e n c o n s i d e r i n g an application for a wasle m a n a g e m e n t licence. (c) stale where further information on the waste m a n a g e m e n t activity can be obtained. interested persons and the public. and (d) must afford the applicant an opportunity to m a k e representations on any adverse statements or objections to the application. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. w h e t h e r alone or together with existing operations or pollution and the effect or likely effect of that pollution on the e n v i r o n m e n t . (b) give particulars of the waste m a n a g e m e n t activity. (c) the best practicable e n v i r o n m e n t a l o p t i o n s available and alternatives that could be t a k e n — (i) lo prevent. (2) An applicant must lake appropriate steps to bring the application lo ihe aitention of relevant organs of stale. that have already been licensed. social conditions. interested persons and the public. 2008 Act No. or objections to. the application m a y be submitted. (f) w h e t h e r the applicant is a fit and proper person as c o n t e m p l a t e d in section 5 9 . 2008 P r o c e d u r e for w a s t e m a n a g e m e n t licence a p p l i c a t i o n s 47. by written notice. (e) any reasons for a decision m a d e in terms of regulations issued under section 2 4 of the National E n v i r o n m e n t a l M a n a g e m e n t Act. and the address or place where representations or objections must be submitted. i n c l u d i n g — (a) the need for. (1) T h e licensing a u t h o r i t y — (a) may. (b) the pollulion caused or likely to be caused by the activity that is the subject of the application. require the applicant. and desirability of. (4) T h e notice c o n t e m p l a t e d in subsection (3) m u s t — (a) describe the nature and purpose of the waste m a n a g e m e n t licence applied for. F a c t o r s to be t a k e n into a c c o u n t by licensing authority 48. to obtain and provide it within a specified period with any other information in addition to the information contained in or submitted in connection with the application. (g) the applicant's s u b m i s s i o n s . if any. the wasle m a n a g e m e n t activity and alternatives considered. and (c) contain such other particulars as the licensing authority may require. and (i) any guidelines the licensing authority may wish to issue relevant to the application. at the applicant's cost. (d) any increased health and e n v i r o n m e n t a l risks that may arise as a result of the location where the waste m a n a g e m e n t activity will be undertaken.58 No. (b) m a y conduct its o w n investigation on the likely effect of the wasle m a n a g e m e n t activity on health and the e n v i r o n m e n t . (c) must invite written c o m m e n t s from any organ of stale that has an interest in the matter. e c o n o m i c conditions and cultural heritage from harm as a result of the u n d e r t a k i n g of the wasle m a n a g e m e n t activity. (h) any s u b m i s s i o n s received from organs of state. (3) T h e sieps c o n t e m p l a t e d in subsection (2) must include the publication of a notice in at least two n e w s p a p e r s circulating in the area in which the waste m a n a g e m e n t activity applied for is to be carried out. including health. including health. control. 5 10 15 20 25 30 35 40 45 50 . (d) stating a reasonable period within which written representations on. social conditions. 59. including similar waste m a n a g e m e n t activities. e c o n o m i c conditions and cultural heritage. including the place w h e r e ii is or is to be carried out.

(b) the p r e m i s e s or area of operation w h e r e the waste m a n a g e m e n t activity may take place. (6) An application which is rejected in terms of subsection (1 )(c) may be a m e n d e d and resubmitted to the licensing authority for reconsideration. Issuing of w a s t e m a n a g e m e n t licences A waste m a n a g e m e n t licence is subject to such conditions and r e q u i r e m e n t s — as specified in terms of section 5 1 . (c) the national e n v i r o n m e n t a l m a n a g e m e n t principles set out in section 2 of the National E n v i r o n m e n t a l M a n a g e m e n t Act. (4) After a licensing authority has reached a decision in respect of an application for a waste m a n a g e m e n t licence. (5) An application which is substantially similar to a p r e v i o u s application that has been refused in terms of subsection (\)(b) may only be resubmitted if— (a) the new application contains new and material information not previously submitted to the licensing authority. C o n t e n t s of w a s t e m a n a g e m e n t licences 5 1 . or (c) reject the application where it does not comply with the requirements of this Act. (1) (a) (b) (c) . (d) any applicable industry waste m a n a g e m e n t plan. 1998 (Act N o . (d) the period from which the waste m a n a g e m e n t activity may c o m m e n c e : 5 0 . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 32000 GOVERNMENT GAZETTE. (3) The issuing of a waste m a n a g e m e n t licence for a waste disposal facility is subject to the inclusion in the licence of any conditions contained in a Record of Decision issued by the Minister of Water Affairs and Forestry regarding any m e a s u r e s that the Minister of Water Affairs and Forestry considers necessary to protect a water resource as defined in the National Water Act. w h e r e the M E C is the licensing authority. including any integrated waste m a n a g e m e n t plans prepared in t e r m s of this Act. and (c) in a m a n n e r d e t e r m i n e d by the licensing authority. it must within 20 d a y s — (a) notify the applicant of the decision and give written reasons for the d e c i s i o n : (/. or (b) a period of three years has elapsed since the application w a s lodged. (e) the objectives of any applicable waste m a n a g e m e n t plan. instruct the applicant to notify any persons w h o have objected to the application of the decision and the reasons for the decision. (b) any applicable national e n v i r o n m e n t a l m a n a g e m e n t policies and. and (/) any standards or r e q u i r e m e n t s lhat have been set in terms of this Act or the waste m a n a g e m e n t licence. issue a waste m a n a g e m e n t licence.60 No. (2) A decision to grant a application for a waste m a n a g e m e n t licence in respect of a waste disposal facility is subject to the c o n c u r r e n c e of the Minister of Water Affairs and Forestry. (3) Any decision by a licensing authority to grant an application for a waste m a n a g e m e n t licence must be consistent w i t h — (a) this Act. (1) T h e licensing authority may in respect of an application for a w a s t e management licence— (a) grant the application. any applicable provincial e n v i r o n m e n t a l m a n a g e m e n t policies.) if the decision is to grant the application. (1) A waste m a n a g e m e n t licence must s p e c i f y — (a) the waste m a n a g e m e n t activity in respect of which it is issued. 36 of 1998). (c) the person to w h o m it is issued. (2) The licensing authority may issue a single waste m a n a g e m e n t licence w h e r e the applicant has applied to undertake more than one waste m a n a g e m e n t activity at the s a m e location. 2008 D e c i s i o n of licensing authorities o n w a s t e m a n a g e m e n t licence a p p l i c a t i o n s 49. as the licensing authority may determine and specify in the licence. 59. 2008 Act No. (bj refuse the application. and as the Minister or M E C has prescribed for the waste m a n a g e m e n t activity in question.

recycling and recovery of wasle: specify conditions for the d e c o m m i s s i o n i n g of a waste disposal facility or cessation of the waste m a n a g e m e n t activity. re-used. (3) The application must be in the form required by the licensing authority. 32000 GOVERNMENT GAZETTE. to prevent any recurrence of that failure or to mitigate the effects of that failure. on request. and must take into 45 50 55 60 . the conditions in terms of which salvaging of waste may be undertaken. 2008 (e) (f) (g) (Ii) (i) (j) (k) (2) A (a) (b) (c) (d) (e) (/) (g) (//) ihe period for which the licence is issued and period within which any renewal of the licence must be applied for. interested persons and the public. and include any other mailers which are necessary for the protection of the environment. require the holder of a waste m a n a g e m e n t licence to u n d e r t a k e remediation work. the a m o u n t and type of waste that may be generated. (4) An application for the transfer of a waste m a n a g e m e n t licence must be accompanied b y — (a) the prescribed processing fee: and (b) such d o c u m e n t a t i o n and information as may be reasonably required by the licensing authority. any other operating r e q u i r e m e n t s relating to ihe m a n a g e m e n t o f l h e w a s t e . p r o c e s s e d . ( I ) If o w n e r s h i p of a wasle m a n a g e m e n t activity for which a waste m a n a g e m e n t licence was issued is transferred. if applicable. c o n t e m p l a t e d in section 11 of the National Environmental M a n a g e m e n t Act. the licensing authority may request any additional information. require the holder of the wasle m a n a g e m e n t licence to c o m p l y with all lawful requirements of an e n v i r o n m e n t a l m a n a g e m e n t inspector carrying out his or her duties in terms o f l h e National E n v i r o n m e n t a l M a n a g e m e n t Act. auditing and reporting requirements.62 No. stored. or to be taken. recovered or d i s p o s e d of. with the p e r m i s s i o n of a licensing authority. re-use. waste m a n a g e m e n t licence m a y — specify conditions in respect of the reduction. and (iv) any action taken. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. reduced. request the applicant to conduct a consultation process that m a y be appropriate in the c i r c u m s t a n c e s lo bring the application for the transfer of a wasle m a n a g e m e n t licence lo the attention of relevant o r g a n s of state. handled. (6) W h e n considering an application for the transfer of a waste m a n a g e m e n t licence. if applicable. and monitoring. the holder may. submit to the inspector a certified statement indicating— (i) the extent to which the conditions and r e q u i r e m e n t s of the licence have or have not been complied with. 2008 Act No. the periods at which the licence may be r e v i e w e d . including a requirement that the licence holder must. 59. transfer the licence to the new o w n e r of the waste m a n a g e m e n t activity. before d e c i d i n g the application for transfer. (iii) (he reasons for any failure to c o m p l y with any of those conditions or r e q u i r e m e n t s . recycled. (5) If the e n v i r o n m e n t or the rights or interests of other parties are likely to be adversely affected. to the satisfaction of the licensing authority. specify the financial a r r a n g e m e n t s that the holder of a waste m a n a g e m e n t licence must m a k e for the undertaking of remediation work during the operation of the waste m a n a g e m e n t activity or on d e c o m m i s s i o n i n g of the waste m a n a g e m e n t activity. the Minister or M E C must. the n a m e of Ihe licensing authority. require the holder of a waste m a n a g e m e n t licence to establish c o m m i t t e e s for the participation of interested and affected parlies. (ii) particulars of any failure to c o m p l y with any of those conditions or requirements. 5 10 15 20 25 30 35 40 Transfer of w a s t e m a n a g e m e n t licences 5 2 . (2) A person applying for permission to transfer a waste m a n a g e m e n t licence must lodge the application with the licensing authority. provide that the licence is subject lo ihe holder of a waste m a n a g e m e n t licence providing an e n v i r o n m e n t a l m a n a g e m e n t plan.

(7) If the licensing authority's decision is to grant permission for the transfer of the waste m a n a g e m e n t licence. and the address or place w h e r e representations or objections must be submitted. (bj give particulars of the waste m a n a g e m e n t activity. (c) the removal of a condition or requirement. the licensing authority must require the licence holder to lake appropriate steps to bring the request to the attention of relevant o r g a n s of state. 2008 account all relevant matters. (d) to m a k e a non-substanlive a m e n d m e n t . vary the l i c e n c e — (a) if it is necessary or desirable to prevent pollution. the requesl may be submitted. (2) The variation of a wasle m a n a g e m e n t licence includes — (a) the attaching of an additional condition or requirement to the waste m a n a g e m e n t licence.64 No. 2008 Act No. (3) If a licensing authority receives a request from the holder of a waste m a n a g e m e n t licence in terms of subsection (\)(e). (5) T h e notice contemplated in subsection (4) m u s t — (a) describe the nature and p u r p o s e of the request. (c) state a reasonable period within which written representations on. (3) For p u r p o s e s of the review. or is to be. (c) if it is necessary or desirable lo a c c o m m o d a t e d e m a n d s brought about by impacts on s o c i o . including the place w h e r e it is.e c o n o m i c c i r c u m s t a n c e s and it is in the public interest to meet those d e m a n d s . (4) Steps in terms of subsection (3) must include the publication of a notice in at least two n e w s p a p e r s circulating in the area in which the w a s t e m a n a g e m e n t activity authorised by the waste m a n a g e m e n t licence is or is to be carried out. (1) A licensing authority may. (8) T h e transfer of a waste m a n a g e m e n t licence d o e s not relieve the holder of the licence from w h o m the licence was transferred of any liability that the licence holder may have incurred whilst he or she was the holder of that licence. or objections lo. (e) at the written request of the holder of the waste m a n a g e m e n t licence: or (/) if it is reviewed in terms of section 5 3 . carried out. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. R e v i e w of w a s t e m a n a g e m e n t licences 5 3 . or (d) the a m e n d m e n t of a condition or r e q u i r e m e n t . in writing. (1) A licensing authority must review a waste m a n a g e m e n t licence at intervals specified in the licence. including whether the person to w h o m the licence is to be transferred is a lit and proper person as c o n t e m p l a t e d in section 59. and (d) contain such other particulars as the licensing authority may require. (2) T h e licensing authority must inform the holder of the waste m a n a g e m e n t licence. the licensing a u t h o r i t y — (a) must issue an a m e n d e d licence w h i c h reflects the details of the person to w h o m the licence is being transferred. . 4 8 and 4 9 apply with the c h a n g e s required by the context to the variation of a wasle m a n a g e m e n t licence. by written notice to ihe holder of a waste m a n a g e m e n t licence. and (b) may make such a m e n d m e n t s to the licence as are necessary to ensure that the purpose of any financial a r r a n g e m e n t s lhat are required in lhat licence are given effect lo. a waste m a n a g e m e n t officer may require the holder of the waste m a n a g e m e n t licence to c o m p i l e and submit a waste impact report contemplated in section 66. or when c i r c u m s t a n c e s d e m a n d that a review is necessary. 32000 GOVERNMENT GAZETTE. of any proposed review and the reason for such review if the r e v i e w is undertaken at another interval lhan is provided for in a waste m a n a g e m e n t licence. Variation of w a s t e m a n a g e m e n t licences 5 4 . 59. (b) the substitution of a condition or r e q u i r e m e n t . (bj if it is necessary or desirable for the purposes of achieving waste m a n a g e m e n t standards or m i n i m u m r e q u i r e m e n t s . interested persons and the public if the variation of the licence is lo authorise an increase in the e n v i r o n m e n t a l impact regulated by the waste m a n a g e m e n t licence. (6) Sections 4 7 .

r e v o k e or suspend that licence if the licensing authority is of the opinion that the licence holder has contravened a provision of ihis Act or a condition of the licence and such contravention may have. if urgent action is necessary for the prolection of the environment. (1) A waste m a n a g e m e n t licence may. interested persons and the public. the licence holder r e m a i n s liable for taking all m e a s u r e s thai are necessary to ensure that the cessation o f l h e activity that was authorised by the licence is d o n e in a manner that does not result in harm to health or the e n v i r o n m e n t . and (c) in the event that the holder has m a d e a submission c o n t e m p l a t e d in p a r a g r a p h (b). (1) A wasle m a n a g e m e n t officer may require the holder of a wasle m a n a g e m e n t licence to designate a waste m a n a g e m e n t control officer. R e v o c a t i o n and s u s p e n s i o n of w a s t e m a n a g e m e n t licences 56. (2) In considering a request lo surrender a waste m a n a g e m e n t licence. (5) Sections 4 7 . 2008 Act No. the licensing authority m a y — (a) requesl such information as il requires to consider the request.66 No. and (b) such d o c u m e n t a t i o n and information as may reasonably be required by the licensing authority. (2) The holder of a wasle m a n a g e m e n t licence must. (3) An application for the renewal of a waste m a n a g e m e n t licence must be accompanied by— (a) (he prescribed processing fee. the licensing authority must. (6) If the holder of a waste m a n a g e m e n t licence d o e s not apply for r e n e w a l of that licence. be renewed by a licensing authority. (b) afforded the holder of the wasle m a n a g e m e n t licence an opportunity to m a k e a submission in respect of the intended revocation or s u s p e n s i o n . (3) The surrender of a waste m a n a g e m e n t licence does not relieve the holder of the licence of any liabilily lhal the licence holder may have incurred whilst he or she w a s the holder of lhat licence. (2) T h e licensing authority may not revoke or suspend a waste m a n a g e m e n t licence before it h a s — (a) consulted relevant organs of state. apply for the renewal of the licence to the licensing authority o f l h e area in which the activity is carried out by lodging an application with the licensing authority in the form required by the licensing authority. 59. or is having. the licensing authority has considered that s u b m i s s i o n . on application by the holder of the licence. before the expiry date of the licence and within the period specified in the licence. by written notice to the holder of a waste m a n a g e m e n t licence. ( 1) A holder of a waste m a n a g e m e n t licence may surrender that licence with the permission of the licensing authority. ( I ) T h e licensing authority may.e and nature of Ihe waste m a n a g e m e n t activity for which the licence was granted. having regard to the si/. and (b) require the licence holder to take such steps as it considers necessary for the prolection of the e n v i r o n m e n t before accepting that surrender of the licence. before deciding the application. (4) If the e n v i r o n m e n t or the rights or interests of other parlies are likely lo be adversely affected. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. consult with relevant organs of slate and give the holder of the wasle m a n a g e m e n t licence an opportunity to m a k e a s u b m i s s i o n . 4 8 . as soon thereafter as is possible. W a s t e m a n a g e m e n t control officers 5 8 . S u r r e n d e r of w a s t e m a n a g e m e n t licences 57. (2) A waste m a n a g e m e n t control officer m u s t — . (3) Despite subsection (2). a significant effect on health or the e n v i r o n m e n t . 32000 GOVERNMENT GAZETTE. 4 9 and 51 apply wilh the c h a n g e s required by the context to an application for the renewal of a waste m a n a g e m e n t licence. the licensing authority may immediately issue a notice of revocation or suspension and. request the applicant to conduct a consultation process that may be a p p r o p r i a t e in the circumstances to bring the application for the renewal of a waste m a n a g e m e n t licence to the attention of relevant organs of state. 2008 R e n e w a l of w a s t e m a n a g e m e n t licences 55.

and (iii) the locations where the licensed waste m a n a g e m e n t activities are or may be c o n d u c t e d . transported. (2) The waste information system may include information o n — (a) the levels and extent of wasle m a n a g e m e n t services provided by municipali­ ties: (b) information on c o m p l i a n c e with this Act: and fc) any other information that is necessary for the p u r p o s e s of effective administration of this Act. recovered and d i s p o s e d of. m a n a g e m e n t and analysis of data and information that must include— (a) data on the quantity and type or classification of waste g e n e r a t e d . a licensing authority must take into account all relevant facts. firm or entity to w h o m paragraph (a) or (b) applies. transformed. 200N work t o w a r d s the d e v e l o p m e n t and introduction of clean production t e c h n o l o g i e s and practices lo achieve waste m i n i m i s a t i o n . stored. the E n v i r o n m e n t Conservation Act. treated. (3) This section does not affect the liability of the holder of a wasle m a n a g e m e n t licence or ihe liabilily of thai licence holder lo c o m p l y wilh the c o n d i t i o n s and r e q u i r e m e n t s of the licence. Criteria for fit a n d p r o p e r p e r s o n s 5 9 . (3) T h e national waste information system may be i m p l e m e n t e d incrementally. including the reduction. CHAPTER 6 WASTE INFORMATION E s t a b l i s h m e n t of national w a s t e i n f o r m a t i o n s y s t e m s 6 0 . and (b) a register of— (i) waste m a n a g e m e n t activities thai have been licensed. (1) T h e Minister must establish a national waste information system for the recording. recycled. 10 MARCfl 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. re-used. (ii) the holders of waste m a n a g e m e n t licences authorised to c o m m e n c e the waste m a n a g e m e n t activities recorded in terms of s u b p a r a g r a p h (i). (b) thai person has held a waste m a n a g e m e n t licence or other authorisalion that has been s u s p e n d e d or revoked or that person has not complied wilh a material condition of such waste m a n a g e m e n t licence or authorisation: (c) that person is or has been a director or senior m a n a g e r of a c o m p a n y . (c) take all reasonable steps lo ensure c o m p l i a n c e by the holder of the w a s l e m a n a g e m e n t licence wilh ihe licence conditions and r e q u i r e m e n t s and the provisions of this Act.68 No.c o m p l i a n c e wilh any licence conditions or require­ m e n t s or provisions of this Act to the licensing authority through the most effective m e a n s reasonably available. (b) identify and submit potential m e a s u r e s in respect of waste m i n i m i s a t i o n . 32000 GOVERNMENT GAZETTE. (a) . (d) that person has ihe ability to comply with this Act and any conditions subject to which the application may be granted: and (e) the m a n a g e m e n t of the waste m a n a g e m e n t activity that is the subject of the application will be in the hands of a technically c o m p e t e n t person. 2008 Act No. recovery. re-use and recycling of wasle lo the wasle m a n a g e m e n t licence holder and the licensing authority. In order to d e t e r m i n e w h e t h e r a person is a tit and proper person for the p u r p o s e s of an application in terms of this Chapter. 59. and (d) p r o m p t l y report any n o n . the National E n v i r o n m e n t a l M a n a g e m e n t Act or any other legislation applicable to waste m a n a g e m e n t . including w h e t h e r — (a) thai person has contravened or failed to c o m p l y with this Act. reduced. collection.

(iii) for obligations to report in terms of any legislation. (3) A notice under subsection ( I ) or (2) m a y also indicate the m a n n e r in which the information must be furnished and. to the municipality that are reasonably required to discharge its obligations in terms of subsection (1) or (2). including the prioritisation of regulatory. (1) T h e Minister may. (iv) for public safety m a n a g e m e n t . unless otherwise directed by the Minister by notice in the Gazette. require any person or organ of stale to provide. must be m a d e available by (he Minister or M E C . reduction. research and d e v e l o p m e n t p u r p o s e s . (4) If the Minister exercises a p o w e r u n d e r subsection (3). s a m p l e s or materials to the Minister that are reasonably required for the purposes of the national waste information system established in t e r m s of section 6 0 or the m a n a g e m e n t of waste. d o c u m e n t s .70 No. 2008 Act No. information. information. d o c u m e n t s . treatment and disposal of waste. within a reasonable time or on a regular basis. transportation. verify. such data. subject to the P r o m o t i o n of A c c e s s to Information Act. (4) W h e r e the Minister or M E C requires a municipality to furnish data. any data. 5 10 15 20 25 30 35 40 45 50 . within a reasonable lime or on a regular basis. d o c u m e n t s . (v) on the status of the generation. s a m p l e s or materials in t e r m s of subsection (1) or (2). samples or materials. (ii) for planning. evaluate and p r o v i d e data and information for the protection of the e n v i r o n m e n t and m a n a g e m e n t of waste. any dala. if required. collection. The objective of the national waste information system is to — (a) store. re-use. 32000 GOVERNMENT GAZETTE. 59. recycling and recovery. information. Provision o f i n f o r m a t i o n 6 3 . w a s t e minimisation and other initiatives. (2) The M E C may. 2 0 0 0 (Act N o . the M E C is responsible for furnishing lhat information to the Minister. d o c u m e n t s . and the verification of such information. require any person or organ of state lo provide. (b) provide information for the d e v e l o p m e n t and implementation of any integrated waste m a n a g e m e n t plan required in terms of this Act. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. by notice in the Gazette or in writing. within a reasonable time or on a regular basis. as the case may be. the municipality concerned may. a w a r e n e s s raising. (1) T h e M E C may establish a provincial waste information system. (3) T h e Minister may. E s t a b l i s h m e n t of provincial w a s t e i n f o r m a t i o n s y s t e m 6 2 . and for the p u r p o s e s of ensuring efficient administration. Information contained in the national waste information system or a provincial wasle information system established in terms of section 6 0 or 6 2 . e x e m p t a category of persons w h o must furnish information lo the provincial waste information system established in terms of subsection (1) from furnishing that information to the national waste information system established in terms of section 6 0 . and (c) provide information to organs of state and the public — (i) for education. require any p e r s o n to provide. by notice in the Gazette. how the information must be verified. by notice in the Gazette or in writing. 2 of 2 0 0 0 ) . by notice in the Gazette or in writing. samples or materials to the M E C that are reasonably required for the purposes of a provincial waste information system established in terms of section 6 2 or the m a n a g e m e n t of waste in the province. information. and (vi) the impact of waste on health and the e n v i r o n m e n t . analyse. 2008 O b j e c t i v e s of national w a s t e i n f o r m a t i o n s y s t e m 6 1 . A c c e s s to i n f o r m a t i o n 6 4 . (2) A provincial wasle information system must at least include the information required by the national information system.

\6(\)(c). in writing. require any person to submit a w a s t e impact report in a specified form and within a specified period to the e n v i r o n m e n t a l m a n a g e m e n t inspector if the environmental m a n a g e m e n t inspector on r e a s o n a b l e g r o u n d s suspects that such person has on one or more o c c a s i o n s c o n t r a v e n e d or failed lo c o m p l y with this Act or any conditions of a waste m a n a g e m e n t licence or e x e m p t i o n and lhat the contravention or failure has had or is likely to have a detrimental effect on health or the e n v i r o n m e n t . Waste i m p a c t reports 66. (5) A waste m a n a g e m e n t officer may indicate that a waste impact report lo be submitted in terms of subsection (1) or (2) must be c o m p i l e d by an independent person. including any costs of an independent person. require any person to submit a waste impact report in a specified form and within a specified period to the wasle m a n a g e m e n t officer if a review of a waste m a n a g e m e n t licence is undertaken in terms of section 5 3 . (3) An e n v i r o n m e n t a l m a n a g e m e n t inspector or waste m a n a g e m e n t officer must stipulate the d o c u m e n t a t i o n and information that should be included in a report submitted in terms of subsection (1) or (2).(d). 3 6 of 1998). (6) T h e costs incurred in c o m p i l i n g a waste impact report. are the liability of the person required to submit the report. including social conditions. Offences 67.(e) or (/). e c o n o m i c c o n d i t i o n s . in respect of a person w h o contravenes or fails to c o m p l y with any condition of a w a s t e m a n a g e m e n t licence. and (b) recover the cost of c o m p i l i n g the report from the person required to submit the report. 1998 (Act N o . ( I ) An environmental m a n a g e m e n t inspector appointed in terms of the National Environmental M a n a g e m e n t Act may. or has contributed to the degradation of the e n v i r o n m e n t . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. ecological conditions or cultural heritage. 5 3 and 155 or the National Water Act. in writing. 2008 Act No. ihe w a s t e m a n a g e m e n t officer m a y — (a) appoint an independent person to compile the report. a remediation order or m e a s u r e s specified in terms of section 3 8 ( 3 ) that may lead to an impact on a water resource. 24. 59. 2008 CHAPTER 7 COMPLIANCE AND ENFORCEMENT C o m p l i a n c e p o w e r s of M i n i s t e r of W a t e r Affairs a n d Forestry 6 5 . 22( 1). (1) A person c o m m i t s an offence if that p e r s o n — (a) contravenes or fails to comply with a provision of section 15. 26(1). 2 7 ( 2 ) . 32000 GOVERNMENT GAZETTE. (2) The Minister of Water Affairs and Forestry must exercise the p o w e r s c o n t e m p l a t e d in subsection (1) after consultation with the Minister or M E C . or any order under section 38(2) or (3) or a notice u n d e r section 17(2) or 18(1). the Minister of Water Affairs and Forestry may exercise any p o w e r s conferred on him or her by section 19. (7) If the person w h o is required lo submit a wasle impact report in t e r m s of subsection (1) or (2) fails to submit the report within the specified period. (4) Before m a k i n g a request in terms of subsection (1) an e n v i r o n m e n t a l m a n a g e m e n t inspector must afford the person to w h o m the request is to be m a d e an opportunity to show cause why a waste impact report should not be required. (b) contravenes or fails to c o m p l y with a provision of section 2 1 . 36(5) o r 4 0 ( 1). 20.72 No. ( I ) Despite the p o w e r s conferred on the Minister or M E C by or under this Act. (2) A waste m a n a g e m e n t officer may. 5 10 15 20 25 30 35 40 45 .

(f) contravenes or fails to comply with a norm or standard established in terms of this Act. 32000 GOVERNMENT GAZETTE. ( I ) A person convicted of an offence referred to in seclion 67( I )(a). is guilty of an offence if that p e r s o n — (a) fails to take all reasonable steps lo prevent spillage of w a s t e or littering from the vehicle. Penalties 6 8 . (e) c o n t r a v e n e s or fails to comply with a wasle m a n a g e m e n t m e a s u r e specified in terms of seclion 14(4) or 33( 1).. (/. (2) A person convicted of an offence referred to in section 67(1 )(b). 2008 fails lo submit or to prepare an industry waste m a n a g e m e n t plan when required to d o so in terms of section 2 8 : (d) contravenes or fails to comply with an industry w a s t e m a n a g e m e n t plan. 2008 Act No. (k) k n o w i n g l y supplies false or misleading information in any application m a d e in terms of this Act: (I) k n o w i n g l y supplies false or misleading information to a waste m a n a g e m e n t officer or e n v i r o n m e n t a l m a n a g e m e n t inspector for the p u r p o s e of this Act. (2).74 No. (j) contravenes or fails to comply with a condition subject to which e x e m p t i o n from a provision of this Act w a s granted in terms of section 7(•>(?)(c). in addition to any other penalty or award that may be imposed or m a d e in terms of the National E n v i r o n m e n t a l M a n a g e m e n t Act. that is used to transport waste for the purpose of offloading that waste. (k) or (I) or section 67(2)(a). well-being. (c). (d). (c). (b). (b) intentionally or negligently cause spillage or litlering from the vehicle: (c) dispose of waste at a facility which is not authorised to accept such w a s t e . (2) A person w h o is in control of a vehicle. 59. safety and the e n v i r o n m e n t . in respect of each day that person persists with thai act or omission. and (b) the m o n e t a r y or other benefits that accrued to the convicted person through the c o m m i s s i o n of the offence. (g) fails to c o n d u c t a site assessment or to submit a site assessment report in terms of section 37(1): (Ii) c o n t r a v e n e s or fails to c o m p l y with a condition or r e q u i r e m e n t of a waste m a n a g e m e n t licence or an integrated licence c o n t e m p l a t e d in section 4 4 . or (e) fails to c o m p l y with any duty set out in section 2 5 ( 4 ) . (e). or in a position to control the use of a vehicle. in addition to any other penalty or award that m a y be i m p o s e d or m a d e in terms of the National Environmental M a n a g e m e n t Act. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT.(/). (/). or to boih such fine and such i m p r i s o n m e n t . (3) Any person convicted of an offence referred to in section 67( 1 )(m) is liable lo a fine or to i m p r i s o n m e n t for a period not e x c e e d i n g six m o n t h s or to both a fine and such imprisonment. (g) or (Ii) is liable to a fine not e x c e e d i n g R 1 0 0 0 0 0 0 0 or to i m p r i s o n m e n t for a period not e x c e e d i n g 10 years. (d) fails to ensure that wasle is disposed of at a facility (hat is authorised to accept such waste. (c) 5 10 15 20 25 30 35 40 45 50 .) fails to provide the information c o n t e m p l a t e d in section 2 9 ( 5 ) or 63(4). (3) or (4) must be d e t e r m i n e d with due consideration of— (a) the severily of the offence in terms of its impact or potential impact on health. (j). (5) A fine c o n t e m p l a t e d in subsection (1). or to both a fine and such i m p r i s o n m e n t . or lo both such fine and such i m p r i s o n m e n t . (i) fails to submit a waste impact report required in terms of section 66( 1) or (2). (d) or (e) is liable to a fine not e x c e e d i n g R5 0 0 0 0 0 0 or to imprisonment for a period not e x c e e d i n g five y e a r s . (4) A person w h o is convicted of an offence in terms of this Act and w h o persists afler conviction in the act or omission that constituted the offence c o m m i t s a c o n t i n u i n g offence and is liable on conviction to a fine not e x c e e d i n g R1 0 0 0 or to i m p r i s o n m e n t for a period not e x c e e d i n g 20 d a y s .

2008 Act No. ihe obligation of producers of a specified product or class of producl lo carry out a life cycle assessment in relation to the product. including persons w h o may undertake such site a s s e s s m e n t s . the m a n n e r in which a site a s s e s s m e n t in t e r m s of section 37 must be conducted and the person w h o may c o n d u c t such a s s e s s m e n t s . time period and format of data and information to be submitted in terms of a waste information system established in t e r m s of this Act: the procedure for the institution of a p p e a l s against decisions of officials in the performance of their functions in terms of this Act. the financial a r r a n g e m e n t s of waste minimisation p r o g r a m m e s . re-use. requirements in respect of the funding or insuring of a waste m a n a g e m e n t activity. the institutional a r r a n g e m e n t s for the administration of waste minimisation programmes: the control over waste m a n a g e m e n t facilities: labelling requirements in respect of waste m a n a g e m e n t . 5 10 15 20 (j) (k) (I) 25 30 (m) (n) (o) (p) (q) (r) (s) (t) (II) (v) (w) (x) (y) 35 40 45 50 (z) (aa) 55 . v o l u m e or weighl of p a c k a g i n g . the m a n n e r in which an application for a waste m a n a g e m e n t licence must be m a d e . in such m a n n e r or in a c c o r d a n c e with such standards or p r o c e d u r e s as may be specified. the location. recycling and recovery of p a c k a g i n g . requirements in respect of waste m a n a g e m e n t activities. the m a n n e r in which particular waste types must be dealt with and m a n a g e d . the nature. waste m a n a g e m e n t planning. the utilisation of waste by way of recovery. and (iii) the use of alternate materials that are less harmful to the e n v i r o n m e n t . planning and design of waste m a n a g e m e n t activities. recycling. 32000 GOVERNMENT GAZKTTK. refundable deposit or take-back p r o g r a m m e . the dissemination of information to the public. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. requirements for monitoring of c o m p l i a n c e with this Act or any licence issued in terms of this Act. 2008 CHAPTER 8 GENERAL MATTERS Part 1 Regulations Regulations by M i n i s t e r 6 9 . composition or production of a product or p a c k a g i n g . 59. the contents of a site assessment report c o n t e m p l a t e d in section 37. including the persons w h o may m a n a g e such applications. (1) (a) (b) (c) (d) (e) (j) (g) (Ii) (i) T h e Minister may m a k e regulations r e g a r d i n g — the identification and categorisation of w a s t e .76 No. type. (ii) the reduction. m e a s u r e s lhat are required for the e n v i r o n m e n t a l l y sound m a n a g e m e n t of wasle. including the separalion of waste at the point of generation and setting of targets or percentage of p r o d u c t s that must be r e c o v e r e d under a re-use. the requirements that must be c o m p l i e d with in respect of the design. re-use and recycling. the exercise of the duty of care. the registration of persons transporting w a s t e . m e a s u r e s that must be taken in respect of the implementation of wasle minimisation. the control of the import or export of w a s t e . including r e q u i r e m e n t s in respect of— (i) the restriction of the c o m p o s i t i o n . the reduction of wasle b y — (i) the adoption of certain manufacturing processes. the manner in which priority waste must be dealt with and m a n a g e d . and (ii) the use of alternative materials or products.

(in). (6) Any regulation which pertains to the treatment of waste by m e a n s of incineration must be submitted to the National A s s e m b l y 3 0 days prior to publication. or (ii) generally to all persons or only to a specified category of persons. (q).78 No. c o d e of practice or any national or international standard relating lo waste m a n a g e ment.x). (k). 59. (2) Regulations m a d e u n d e r this Act may provide that any person w h o c o n t r a v e n e s or fails to c o m p l y with a provision thereof c o m m i t s an offence and is liable on conviction to— (a) i m p r i s o n m e n t for a period not exceeding 15 years: (/. m i n i m u m r e q u i r e m e n t s . or (iii) types. General regulatory p o w e r s 7 1 . R e g u l a t i o n s by M E C s 7 0 . (2) A regulation in respect to a matter referred to in seclion 69(\)(cc) may only be m a d e after consultation with the Minister for Provincial and Local G o v e r n m e n t . (s) to (w). inclusive. and (ee) any other administrative o r procedural matter that it is necessary for the p r o p e r administration and implementation of this Act. may only be m a d e wilh the c o n c u r r e n c e of the Minister of F i n a n c e . or only in a specified areas or category of areas. either absolutely or conditionally. (d) incorporate by reference any guideline. and a regulation in respect of financial incentives and disincentives m a d e under subsection (\)(bb). (b) a p p l y — (i) generally to the Republic or a province. (/>). (v) and (w) may only be m a d e after consultation with the Minister of Water Affairs and Forestry. (1) T h e M E C with the c o n c u r r e n c e of the Minister may m a k e regulations for the province c o n c e r n e d in respect of any matter for which the M E C may or must m a k e regulations in terms of this Act. (3) A regulation in respect of a matter referred to in terms of seclion 69( 1) (u).) an appropriate line. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 (bb) incentives and disincentives to e n c o u r a g e a change in b e h a v i o u r t o w a r d s the generation of waste and waste m a n a g e m e n t by ail sectors of society. including any matter referred to in section 69(])(b) to (h). or (c) both a line and i m p r i s o n m e n t . inclusive. inclusive. 5 10 15 20 25 30 35 40 45 . (1) Regulations m a d e under this Act m a y — (a) restrict or prohibit any act. (3) A regulation under subsection (\)(o) and (. (cc) matters that must be regulated by a contract between a municipality and any waste m a n a g e m e n t service provider.(l). (dd) any matter that m a y or must be prescribed in terms of this A c t . (4) A regulation under subsection ( I )(cc) m a y only be m a d e after consultation with the Minister for Provincial and Local G o v e r n m e n t . (2) A regulation under subsection (1 (j). (v) and (w) may only be m a d e after consultation wilh the Minister of Water Affairs and Forestry. classes or categories of waste. (c) differentiate between different— (i) areas or category of areas: (ii) persons or categories of p e r s o n s . ( « ) a n d (r) m a y only be m a d e after consultation with the Minister of Trade and Industry. 32000 GOVERNMENT GAZETTE. 2008 Act No. (5) A regulation under subsection (\)(u). and (y) to (dd).

or any a m e n d m e n t to the regulations. must g i v e due consideration lo all representations or objections received or presented before exercising the relevant power. (/. in appropriate c i r c u m s t a n c e s .80 No. (b) in a c c o r d a n c e with the principles of co-operative g o v e r n a n c e as set out in C h a p t e r 3 of the Constitution and subject to the I n t e r g o v e r n m e n t a l Relations F r a m e w o r k Act. (1) Before exercising a p o w e r which. as the case m a y he. must follow a consultative process in a c c o r d a n c e with sections 7 2 and 7 3 . written representations on or objections to the p r o p o s e d exercise of p o w e r . as the case may be. or a person designated by the Minister or M E C . must give notice of the proposed exercise of the relevant p o w e r — (a) in the Gazette. (3) W h e n c o n d u c t i n g the consultations c o n t e m p l a t e d in subsection (1). and (c) c o n d u c t a public participation process in a c c o r d a n c e with section 7 3 . may. 13 of 2 0 0 5 ) . 2008 Act No. 5 10 15 20 25 30 35 40 45 50 . and (b) in at least one n e w s p a p e r distributed nationally or. the M E C must— (a) consult all m e m b e r s of the Executive Council w h o s e areas of responsibility will be affected by the exercise of the p o w e r s . in at least one n e w s p a p e r dislributed in that area. 2 0 0 5 (Act No. 2 0 0 5 (Act N o . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (1) Before exercising a p o w e r lhat. in terms of this Act. the Minister or M E C . as the case may be. as the case may be. must be exercised in a c c o r d a n c e which this section. Part 2 Consultative process Consultation 7 2 . and (c) c o n d u c t a public participation process in a c c o r d a n c e with section 7 3 . allow any interested person or c o m m u n i t y to present oral representations or objections to the Minisler or M E C . 32000 GOVERNMENT GAZETTE. 13 of 2 0 0 5 ) . (2) W h e n c o n d u c t i n g the consultations c o n t e m p l a t e d in subsection (1). Public participation 7 3 . in terms of this Act. as the case may be. if the exercise of p o w e r will only affect a specific area. (4) T h e Minister or M E C . (3) T h e Minister or M E C . consult the Minister and all other national organs of slate that will be affected by the exercise of the p o w e r . 59. consult the M E C responsible for waste m a n a g e m e n t in each province that will be affected by the exercise of the p o w e r . must be exercised in a c c o r d a n c e with this section and section 7 3 . the Minister or M E C . the Minister or M E C must follow such consultative process as may be appropriate in the c i r c u m s t a n c e s . (b) Paragraph (a) need not be complied with if the regulations are a m e n d e d in a non-substantive manner. 2008 (3) (a) Before publishing any regulation under this Act.) in a c c o r d a n c e with the principles of co-operative g o v e r n a n c e as set out in C h a p t e r 3 of the Constitution and subject lo the I n t e r g o v e r n m e n t a l Relations F r a m e w o r k Act. and (b) contain sufficient information to enable m e m b e r s of the public to submit representations or objections. the Minisler must— (a) consult all Cabinel m e m b e r s w h o s e areas of responsibility will be affected by the exercise of the p o w e r s . within no less lhan 30 days of publication of (he notice in the Gazette. (2) The notice m u s t — (a) invite m e m b e r s of the public to submit to the M i n i s t e r or M E C .

( I ) The Minister or M E C m a y — (a) from time lo time review any e x e m p t i o n granted in terms of section 7 6 . interested persons and the public by c o n d u c t i n g a public participation p r o c e s s indicated by the Minister or M E C : and (b) to submit any c o m m e n t s received from the public following such p r o c e s s to the Minister or M E C . and o w n e r s h i p of thai wasle m a n a g e m e n t activity is transferred. (1) Any person may apply in writing for e x e m p t i o n from the application of a provision of this Act to the Minister or. be transferred by the holder of the e x e m p t i o n to the new o w n e r of the waste m a n a g e m e n t activity. w h e r e the M E C is responsible for administering the provision of the Act from which the person or organ of state requires e x e m p t i o n . D e c i s i o n s o n a p p l i c a t i o n s for e x e m p t i o n 76. the Minister or M E C . the Minister or M E C must issue a written e x e m p t i o n notice to the applicant s t a t i n g — (a) the n a m e . if (he e x e m p t i o n is granted subject to conditions. as the case may be. withdrawal or a m e n d m e n t . as the case may be. (2) If the rights or interests of other parties are likely to be adversely affected by the proposed e x e m p t i o n . w i t h d r a w i n g or a m e n d i n g an e x e m p t i o n . (1) T h e Minister or the M E C . 45 15 20 25 30 35 40 50 55 . on the reasons for the suspension. in writing. may request an applicant contemplated in section 74 to furnish additional information w h e r e such information is necessary for the purposes of informing the Minister or M E C ' s decision. (3) If an application is granted. must. 2008 Part 3 Exemptions and A p p l i c a t i o n s for e x e m p t i o n appeals 7 4 . (3) If an e x e m p t i o n has been granted in respect of a waste m a n a g e m e n t activity. apply with the c h a n g e s required by Ihe context to Ihe consideration of applications for e x e m p t i o n s . (2) An application in terms of subsection (1) must be a c c o m p a n i e d b y — (a) an explanation of the reasons for the application. request the applicant t o — (a) bring the application to the attention of relevant organs of state. (2) Sections 48 and 49(2) to (6). the e x e m p t i o n may. (b) the e x e m p t i o n would not defeat the objects of this Act. the Minister or M E C must give the person to w h o m the e x e m p t i o n was granted an opportunity to c o m m e n t . and (c) it is in the public interest to grant the e x e m p t i o n . (4) T h e Minister or the M E C . 2008 Act No. (2) Before s u s p e n d i n g . R e v i e w and transfer of e x e m p t i o n s 77. before d e c i d i n g the application. with the permission of the Minister or M E C . may by notice in the Gazette e x e m p t an organ of state from a provision of this Act if— (a) the provision. and (d) the period for which e x e m p t i o n is granted. address and telephone n u m b e r o f l h e person to w h o m the e x e m p t i o n is granted. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (1) The Minister or M E C . 5 10 C o n s i d e r a t i o n of a p p l i c a t i o n s for e x e m p t i o n 7 5 . m a y — (a) grant an e x e m p t i o n from the application of a provision of this Act: or (b) refuse to grant such e x e m p t i o n . 32000 GOVERNMENT GAZETTE. to the M E C . or pari thereof. if the e x e m p t i o n is granted for a period. as the c a s e m a y be. (b) the provision of this Act from which e x e m p t i o n is granted. clearly should not apply lo an organ of slate. or any part thereof. (c) the conditions subject to which the e x e m p t i o n is granted.82 No. and (b) on good g r o u n d s suspend or w i t h d r a w such e x e m p t i o n or a m e n d the e x e m p t i o n . but for the definition of " p e r s o n " contained in section (1). 59. and (b) any applicable supporting d o c u m e n t s . inclusive. as the case may be.

(d) does not prevent the exercise of that p o w e r or the p e r f o r m a n c e of that duty by the Minister or M E C . 8(1). (2) T h e Minister or M E C must regularly review and. (2) Any regulation or direction m a d e in terms of a provision of the E n v i r o n m e n t Conservation Act repealed by section (1) and in force immediately before the date of the c o m i n g into effect of this Act. vary or revoke any decision taken by an official as a result of a delegation or subdelegalion under this section. Appeals 78. (1) T h e Minister or M E C . 19. (2) W h e r e the Minister or M E C exercises his or her discretion to c o n s i d e r a p p e a l s jointly under subsection ( I ) . may be considered jointly with any other appeal involving a related matter. 69 or 7 0 . the Minister or M E C may indicate the process that must be followed to give effect to that decision. or lo the holder of a specific post in the D e p a r t m e n t . subject to any rights that may have b e c o m e vested as a c o n s e q u e n c e of that decision. 32000 GOVERNMENT G A / E T T E . 14. in writing. if necessary. (4) T h e Minister or M E C may confirm. the p o w e r or duty to another official in the D e p a r t m e n t . 18. (1) An appeal under section 4 3 of the National E n v i r o n m e n t a l M a n a g e m e n t Act in respect of a decision m a d e under a p o w e r delegated by the Minister or M E C in t e r m s of this Act or another specific e n v i r o n m e n t a l m a n a g e m e n t Act where the Minister or M E C is responsible for c o n s i d e r i n g the appeal. and s a v i n g s 80. the laws set out in S c h e d u l e 2 are hereby repealed or a m e n d e d to (he extent set out in the third c o l u m n thereof. (cj may authorise that official lo subdelegate or further assign. 2008 Act No. by or under this Act. 2 8 . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 59. may delegate or assign to an official in their respective d e p a r t m e n t s any p o w e r or duty conferred on the Minister or M E C . 15 5 10 20 25 30 35 40 45 50 . (3) A delegation or assignment to an official under subsection ( I ) — (a) is subject to such limitations and conditions as the Minister or M E C may impose. (4) A person operating a waste disposal facility that w a s established before the c o m i n g into effect of the E n v i r o n m e n t Conservation Act and that is operational on the date of the c o m i n g into effect of this Act may continue to operate the facility until such lime as the Minister. Repeal and a m e n d m e n t of l a w s . or (b) the duty imposed on the Minister by section 6 or 7(1). a m e n d or w i t h d r a w a delegation or assignment under subsection (1). respectively.84 No. e x c e p t — (a) the p o w e r conferred on the Minister or M E C . (1) Subject to subsections (2) and (3) and section 8 1 . calls upon that person to apply for a waste m a n a g e m e n t licence. (3) A n y t h i n g lawfully d o n e under a provision repealed by subsection (1) r e m a i n s valid until anything done under this Act overrides it. by notice in the Gazette. respectively. by section 7(2) or (3). and (e) does not divest the Minister or M E C of the responsibility c o n c e r n i n g the exercise of the delegated p o w e r or the performance of (he a s s i g n e d duty. 2008 (4) Section 52 applies with the c h a n g e s required by the context to the transfer of exemptions. r e m a i n s in force and is considered to have been m a d e under this Act until anything done under this Act overrides it. CHAPTER 9 MISCELLANEOUS D e l e g a t i o n and a s s i g n m e n t 7 9 . (bj may either be to a specific official or to the holder of a specific post in the relevant d e p a r t m e n t .

in writing. an application for a permit m a d e in terms of section 2 0 of the E n v i r o n m e n t C o n s e r v a t i o n Act that w a s not decided when section 81 of this Act look effect. (2) Different dales may be so determined fordilferent provisions of this Act. (6) Despite the repeal of section 20 of the E n v i r o n m e n t C o n s e r v a t i o n Act by this Act. 59. (5) During the period for which a permit issued in terms of section 20 of the E n v i r o n m e n t Conservation Act continues to be valid. S h o r t title and c o m m e n c e m e n t 8 4 . (1) This Act is called the National Environmental M a n a g e m e n t : Waste Act. (4) If a permit issued in terms of section 2 0 of the E n v i r o n m e n t C o n s e r v a t i o n Act lapses as c o n t e m p l a t e d in subsection (3)(b) or (c).86 No. the permit holder r e m a i n s liable for taking all m e a s u r e s that are necessary to ensure that the cessation of the activity is d o n e in a m a n n e r that does not result in harm to health or the e n v i r o n m e n t . 2008 (5) A n y criminal proceedings instituted under section 19. (3) A permit issued in terms of section 2 0 of the E n v i r o n m e n t C o n s e r v a t i o n Act lapses— (a) if a waste m a n a g e m e n t licence is issued in t e r m s of this Act to the s a m e person in respect of the s a m e waste m a n a g e m e n t activity. or (<•) if the licensing authority refuses an application c o n t e m p l a t e d in subsection (2). 32000 GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. and within the period stipulated by the licensing authority. This Act must be regarded as a specific environmental m a n a g e m e n t Act for the purposes of the definition of "specific e n v i r o n m e n t a l m a n a g e m e n t A c t " contained in section I of the National Environmental M a n a g e m e n t Act. and w h o immediately before that date lawfully conducted that waste m a n a g e m e n t activity under G o v e r n m e n t Notice N o . 2008 Act No. A c t r e g a r d e d as specific e n v i r o n m e n t a l m a n a g e m e n t A c t 8 3 . (1) Despite the repeal of section 2 0 of the E n v i r o n m e n t C o n s e r v a t i o n Act by this Act. A person w h o c o n d u c t s a waste m a n a g e m e n t activity listed in S c h e d u l e 1 on the date of c o m i n g into effect of this Act. (b) if the holder of the permit did not apply. may continue with the activity until such time lhat the Minister by notice in the Gazette directs that person to apply for a w a s t e m a n a g e m e n t licence under this Act. and takes effect on a date d e t e r m i n e d by the Minisler by p r o c l a m a t i o n in the Gazette. Transitional p r o v i s i o n s in respect of p e r m i t s issued in t e r m s o f Conservation Act Environment 5 8 1 . 91 of I February 2 0 0 2 . Transitional p r o v i s i o n r e g a r d i n g listed w a s t e m a n a g e m e n t activities 8 2 . I9A or 20(1) of the E n v i r o n m e n t Conservation Act that have not been finalised on the date of c o m i n g into effect of this Act. 10 15 20 25 30 35 40 45 . a permit issued in terms of that section remains valid subject to s u b s e c t i o n s (2) and (3). within the stipulated period. when required lo d o so by the licensing authority. for a waste m a n a g e m e n t licence within the period c o n t e m p l a t e d in subsection (2). 2 0 0 8 . the provisions of this Act apply in respect of the holder of such a permit. as if that person were the holder of a waste m a n a g e m e n t licence issued in terms of this Act. must be proceeded with in terms of (his Act as if that application were an application for a waste m a n a g e m e n t licence in terms of this Act. must be finalised as if those sections had not been repealed. (2) T h e holder of a permit issued in terms of section 20 of the E n v i r o n m e n t Conservation Act must apply for a waste m a n a g e m e n t licence in terms of this Act.

T h e biological or p h y s i c o c h e m i c a l treatment of h a z a r d o u s waste or the autoclaving. T h e temporary storage of h a z a r d o u s waste at a facility. including the construction of a facility and associated structures and infrastructure for such recovery. including the construction of a facility and associated structures and infrastructure for such treatment. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. including the construction of a facility and associated structures and infrastructure for such storage. 1998 (Act No. T r e a t m e n t of w a s t e 5. at a facility that has the capacity to receive in e x c e s s of three tonnes of general waste or 100 kilograms of h a z a r d o u s waste per day. including the construction of a facility and associated structures and infrastructure for such treatment. that has the capacity to receive in excess of 30 t o n n e s of general wasle per day or that has a throughput capacity in excess of 2 0 m per day. including the construction of a facility and associated structures and infrastructure for such storage. 4. excluding the disposal of less than 2 5 tonnes of inert waste for the p u r p o s e s of levelling and building that has been authorised by or under legislation. 3 5 10 15 R e c y c l i n g and recovery 3. including the construction of a facility and associated structures and infrastructure for such sorting or shredding. 107 of 1998) S t o r a g e a n d transfer of w a s t e 1. 7. The biological. 2 3 20 25 30 35 40 . 9. excluding recovery thai lakes place as an integral part of an internal manufacturing process. that has the capacity to receive in excess of three tonnes of h a z a r d o u s waste per day. Disposal of w a s t e o n land 8. 59. T h e recovery of waste. drying or m i c r o w a v i n g of general waste at a facility that has the capacity lo receive in excess of 10 tonnes of general waste per day. including the construction of a facility and associated structures and infrastructure for such disposal. T h e treatment of wasle in sludge lagoons. drying or m i c r o w a v i n g of h a z a r d o u s waste. 2008 Act No. T h e disposal of general waste to land c o v e r i n g an area of less than 100 m or 2 0 0 m air space. T h e temporary storage of general waste at a facility. The disposal of inert waste. physical or p h y s i c o c h e m i c a l treatment of general wasle or the autoclaving. 32000 GOVERNMENT GAZETTE. 2008 SCHEDULE 1 (Section 19) W a s t e m a n a g e m e n t activities in respect of w h i c h a w a s t e m a n a g e m e n t licence is required CATEGORY A The activities listed under Category A are equivalent to those that require a basic assessment process as stipulated in the environmental impact assessment regulations made under section 24(5) of the National Environmental Management Act. 6. including a waste transfer facility and container yard. including a wasle transfer facility and container yard. T h e sorting and shredding of general w a s l e at a facility that has the capacity to receive in excess of one ton of general waste per day. 2 . including the construction of a facility and associated structures and infrastructure for such disposal.88 No.

3. t r e a t m e n t a n d p r o c e s s i n g of a n i m a l w a s t e 10. including the construction of a facility and associated structures and infrastruc­ ture for such processing animal m a n u r e and abattoir wasle. physical or p h y s i c o c h e m i c a l treatment at a facility with the capacity to receive in e x c e s s of 10 tonnes of general waste per day. The disposal of general waste to land c o v e r i n g an area of more than 100 n r or 200 i n ' of air space. 11. including the construction of a facility and associated structures and infrastruc­ ture for such storage. including the construction of a facility and associated structures and infrastructure for such disposal. T h e treatment of general waste by a method other than biological. 107 of 1998) T r e a t m e n t of w a s t e 1. abattoir waste or vegetable waste. 2008 S t o r a g e . E x p a n s i o n or d e c o m m i s s i o n i n g of facilities a n d associated s t r u c t u r e s a n d infrastructure 12. including the c o m p o s t i n g of animal m a n u r e . CATEGORY B The activities listed under Category B are equivalent to those that require an environmental impact assessment process stipulated in the environmental impact assessment regulations made under section 24(5) of the National Environmental Management Act. T h e incineration of waste. The storage. including the construction of a facility and associated structures and infrastructure for the incineration of waste. T h e processing of waste at hiogas installations with a capacity for receiving live tonnes or more per day of animal waste. including the construction of a facility and associated structures and infrastructure for such treatment. T h e disposal of h a z a r d o u s waste to land. 32000 GOVERNMENT GAZETTE. 30 20 15 5 10 25 . Disposal of w a s t e on land 4. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 5. at a facility that has a throughput capacity in excess of 10 t o n n e s per month. The treatment of h a z a r d o u s waste by a m e t h o d other than biological or p h y s i c o c h e m i c a l treatment. treatment or p r o c e s s i n g of animal m a n u r e . 2008 Act No. 2. including the construction of a facility and associated structures and infrastructure for such treatment. 59. The expansion or d e c o m m i s s i o n i n g of facilities and associated structures and infrastructure for activities listed in this Schedule. including the construction of a facility and associated structures and infraslructure for such disposal.90 No. treatment or processing. 1998 (Act No. animal m a n u r e .

. Government Notice No. " . 2008 SCHEDULE 2 (Section 80) L a w s repealed or a m e n d e d N o . 1992 T h e repeal of the w h o l e . a n d y e a r of Law Act N o . 20. p e r m i s s i o n o r | an a u t h o r i z a t i o n [or d i r e c t i o n ] i s s u e d [or g r a n t e d ) u n d e r the said p r o v i s i o n s shall be guilty of an offence and liable on c o n v i c t i o n to a fine not e x c e e d i n g R 1 0 0 0 0 0 or to i m p r i s o n m e n t for a p e ­ riod not e x c e e d i n g 10 y e a r s or lo b o t h such line a n d s u c h i m p r i s o n m e n t . . shall be guilty of an offence and liable on c o n v i c t i o n lo a line. | 22( 1) or 2 3 ( 2 ) [ o r a d i r e c t i o n i s s u e d u n d e r s e c t i o n 20(8)1 ° fails t o c o m p l y with [a c o n d i t i o n of a p e r m i t . 292. r 10 Act N o . 2008 Act No.3. 2 0 ( 9 ) . 19A.3 T h e repeal of the w h o l e . 2.3 of 1989 S h o r t title Extent of repeal or a m e n d m e n t Environment Conser­ 1. 2 4 B and 2 4 C . T h e a m e n d m e n t of seclion 1 by the d e l e ­ vation Act. 7.92 No. a n d to a line not e x c e e d i n g three t i m e s the c o m m e r c i a l v a l u e of a n y t h i n g in respect of w h i c h ihe offence w a s c o m m i t t e d . vation A m e n d m e n t Act. 1986. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 28 Febru­ ary 200. 1 A u g u s t 1990 Government Notice No. " : and (b) by the substitution for s u b s e c t i o n (4) of the following subsection: "(4) Any person w h o contravenes a p r o v i s i o n of section | 2 0 ( 1 ) . 32000 GOVERNMENT GAZETTE. or p r e v e n t s a n y p e r s o n a u t h o r i z e d in t e r m s of section 4 1 A to e n t e r u p o n such land o r h i n d e r s him or her in the e x e c u t i o n of his or her p o w ­ e r s . 59. T h e repeal of s e c t i o n s 19.3) of the following s u b s e c t i o n : "(3) Any person w h o [contravenes a p r o v i s i o n of s e c t i o n 1 9 o r 1 9 A o r fails to c o m p l y t h e r e w i t h . 2 4 A . o r ] fails to c o m ­ ply wilh a direction in t e r m s of section 31 A( 1) or (2). or to i m ­ p r i s o n m e n t for a p e r i o d not e x c e e d i n g three m o n t h s . T h e a m e n d m e n t of section 2 9 — (a) by the substitution for s u b s e c t i o n (. 1989 tion of the definitions of " d i s p o s a l s i t e " and "waste". 2 4 . 7 9 of 1992 E n v i r o n m e n t C o n s e r ­ T h e repeal of s e c t i o n s 8 and 9.

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