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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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No. 32000

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

52. 2008 40. 47. 66. 50. 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. 58. 55. 51. 57. 41. 70. Licensing authority C o . 62.8 No. 68. 56. 54. 59. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 49. 59. 63.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. 46. 64. 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. 67. 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. 44. 45. Recognition p r o g r a m m e s 43. 48. 32000 GOVERNMENT GAZETTE. 61. 71. 2008 Act No. Regulations by Minister Regulations by M E C s General regulatory p o w e r s . 53.

84. 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 . 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. in the long term as well as in the short term. 77. alteration. earth. "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 " . and includes rubble. excluding h a z a r d o u s waste. repair or demolition of any structure. repair or demolition. " 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 . 75. 2. 76. Delegation and assignment Repeal and a m e n d m e n t of laws. 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. "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 . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. " 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. 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. 73. 80. 83. at a cost acceptable to society.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. products and services to increase overall efficiency and to reduce the impact of such processes. 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. produced during the construction. " b y . 82. 78. rock and w o o d displaced during that construction. w h o l e s a l e . 30 35 40 45 50 . 200H Ac( No. Consultation Public participation Part 3 Exemptions and 74. 81. 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 . retail. 12000 GOVERNMENT GAZETTE. entertainment or g o v e r n m e n t administration purposes. when referred to in S c h e d u l e 1. " 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.10 No. alteration. 2008 Part 2 Consultative process 72. 59. In this Act.

any land. re-use. transporting. and i n c l u d e s — (a) d o m e s t i c wasie. 59. sport or recreation purposes. excluding hazardous waste. m e a n s the Provincial Gazette of the province c o n c e r n e d .o r g a n i s m a b o v e the concentration that is normally present in or under that land. 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. and includes bins. " 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. that e m a n a t e s from premises that are used wholly or mainly for residential. 1996. a b a n d o n i n g . " d e c o m m i s s i o n i n g " . " 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. "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 . discharge. waste transfer or waste disposal facilities. " 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. bin-liners and skips. (b) building and demolition waste. m e a n s the presence in or under any land. health care. and (b) the M E C . e d u c a t i o n a l . 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. " 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. o w i n g to the inherent physical. " 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. treating or disposing of that waste.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. accumulating. 32000 Act No. " d i s p o s a l " m e a n s the burial. (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. d u m p i n g . when used in relation t o — (a) the Minister.c o n s u m e r stage of the product. handling. which substance or m i c r o . in relation to waste treatment. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. buildings or structures of a substance or m i c r o . in relation to Part 8 of C h a p t e r 4. 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 . m e a n s the Government Gazette. (c) business waste: and (d) inert w a s t e .No. (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 . 7 3 of 1989). "Gazette". c h e m i c a l or toxicological . site. 2008 GOVERNMENT GAZETTE. deposit. recycling and recovery of waste. 2008 " c o m m e n c e " m e a n s ihe start of any physical activity. " c o n t a m i n a t e d " . " 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 . placing or release of any waste into. or onto. " d o m e s t i c w a s t e " m e a n s waste. 1989 (Act No. " 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 . and i n c l u d e s — (a) waste minimisation p r o g r a m m e s . " 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.

" 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 . approval. 1998 (Act No. 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. " p e r s o n " has the m e a n i n g assigned to it in the Interpretation Act. in the event w h e r e waste is generated. have a detrimental impact on health and the environment. " i n c i n e r a t i o n " m e a n s any m e t h o d . "high-risk a c t i v i t y " m e a n s an undertaking. "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. mining activities and the operation of p o w e r stations. and (c) the correction of any incorrect description of any person. "priority w a s t e " m e a n s a waste declared to be a priority waste in terms of section 14. " n o n . 2008 characteristics of that waste. thing. " i n d u s t r y " includes c o m m e r c i a l activities. notice. or provision thereof. (b) the correction of any miscalculated figure. . a c c u m u l a t e s . " 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. 107 of 1998). " 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. or exports waste or disposes of w a s t e .32 of 2000). the reduction of the amount and toxicity of waste that is disposed of. " 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 . technique or process to convert waste to Hue gases and residues by m e a n s of oxidation. processes. 1998 (Act N o . generates. 2008 Act No. " h o l d e r of w a s t e " m e a n s any person w h o imports. because of its pollutant content and because the toxicity of its leachate is insignilicant. "inert w a s t e " m e a n s waste t h a t — (a) does not undergo any significant physical. " 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. " m i n i m i s a t i o n " . 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. in relation to the a m e n d m e n t or substitution of a regulation. " 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. and includes an organ of state. 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. " 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 . when used in relation to waste. i n c l u d e s — (a) any clerical mistake. property or waste m a n a g e m e n t activity. "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. licence. 1957 (Act N o . "investigation a r e a " m e a n s an area identified as such in terms of section 3 7 . transports. " p r e s c r i b e " m e a n s prescribe by regulation u n d e r this Act.14 No. strategy.s u b s t a n t i v e " . 33 of 1957). treats. 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 . 59. 2 0 0 0 (Act N o . c o m m e r c i a l agricultural activities. 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. " i m p o r t " m e a n s any entry into the Republic other than entry for transit. 32000 GOVERNMENT G A / K T T E . " 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. c h e m i c a l or biological t r a n s l b r m a lion after disposal. (b) does not burn. and (c) does not impact negatively on the e n v i r o n m e n t . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. unintentional error or omission.

16 No. 32000 GOVERNMENT GAZETTE. a b a n d o n e d 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 .) r e m o v e . " 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). 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. (b) which the generator has no further use of for (he purposes of production. " 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. and (ii) any portion of waste. 5 10 15 20 25 30 35 40 45 50 55 . " 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 . u n w a n t e d . (f) the trading in waste. "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) the generation of waste. ([>) the transportation of waste. recycled and r e c o v e r e d — (a) that is surplus. 2008 Acl No. " 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. and (j) the disposal of waste. re-used. (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 . re-use. 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. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (i) the treatment of w a s t e . and i n c l u d e s — (a) Ihe importation and exportation of w a s t e . or (c) destroy or reduce the toxicity of a waste. " 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 . " r e . separate. once re-used. 59. recycling and recovery of waste. <e) the reduction. " 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. 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 . (d) the collection and handling of waste. discarded. " 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. or (/. whether or not that substance can be reduced.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. recycled and recovered. and includes waste generated by the mining. " t r e a t m e n t " m e a n s any method. concentrate or recover a hazardous or toxic c o m p o n e n t of a waste. 2008 " r e c y c l e " m e a n s a process where waste is reclaimed for further use. "this A c t " i n c l u d e s — (a) any regulations m a d e in terms of this Act. medical or other sector. rejected. (Ii) the transfer of waste. technique or process that is designed t o — (a) c h a n g e the physical. b u t — (i) a by-product is not considered waste. (c) that must be treated or disposed of. ceases to be waste.

1973 (Act N o . (viii) remediating land where contamination presents. " 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. 2 0 0 2 (Act N o . 2002 (Act No. (iv) treating and safely disposing of waste as a last resort. the State. the National N u c l e a r Regulator Act. 1999 (Act N o . (ii) avoiding and minimising the generation of waste.18 No. (v) preventing pollution and ecological degradation. well-being and the e n v i r o n m e n t . O b j e c t s of Act 2. must put in place uniform measures that seek to reduce the amount of waste that is generated and. recovery. 7 of 2002). 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 . (vii) p r o m o t i n g and ensuring the effective delivery of waste services. 59. (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. " 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. 2 8 of 2 0 0 2 ) . 32000 GOVKRNMKNT GAZETTE. (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. 15 of 1973). 5 10 15 20 25 30 35 40 45 . A p p l i c a t i o n of A c t 4. treatment. 4 6 of 1999). " 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. recycling and recovering waste. 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. 2 0 0 3 (Act No. w h e r e waste is generated. recycling and disposal services. In fulfilling the rights contained in section 24 of the Constitution. (iii) reducing. or (d) the disposal of animal carcasses that is regulated by the A n i m a l Health Act. 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. 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. and the Nuclear Energy Act. or m a y present. 15 of 2 0 0 3 ) . (b) to ensure that people are aware of the impact of waste on their health. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (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. 1999 (Act N o . to ensure that waste is re-used. recycling or sorting of that waste. (c) the disposal of explosives that is regulated by the E x p l o s i v e s Act. 2008 Act No. 47 of 1999). treatment or waste disposal facility. T h e objects of (his Act a r e — (a) to protect health. (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 . reprocessing. re-using. " 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. 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. 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. G e n e r a l d u t y of State 3 . treatment.

and (e) must be reviewed by the Minister at intervals of not m o r e than live years. and (/) any other matter that the Minister considers necessary for achieving the objects of this Act. 1997 (Act No. and (ii) different organs of state. (b) m e c h a n i s m s . (2) The national waste m a n a g e m e n t strategy may include targets for waste reduction. 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. 97 of 1997). and all persons if and to the extent applicable: and (b) may. (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 .20 No. 2008 (2) T h i s Act binds all organs of state. 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. (1) T h e Minister must. 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. the Minister must follow a consultative process in accordance with sections 72 and 7 3 . treatment. or any a m e n d m e n t to the strategy. (c) may provide for the phasing in of its provisions. CHAPTER 2 NATIONAL WASTE M A N A G E M E N T STRATEGY. 2008 Act No. (d) may be a m e n d e d . disposal. 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. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. within two years of the date on which this section lakes effect. (1) This Act must be read with the National Environmental M a n a g e m e n t Act. 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). (b) may differentiate between different classes or categories of w a s t e . guidelines. 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 . which must i n c l u d e — (a) objectives. control and m a n a g e m e n t of waste in order to achieve 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. (e) approaches for securing c o m p l i a n c e with the requirements of this Act. recovery. (cl) guidance on raising awareness regarding the impact of waste on health and the environment. including the monitoring of c o m p l i a n c e . 32000 GOVERNMENT GAZETTE. (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. plans. 59. 15 20 25 30 35 40 45 50 . 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 . (6) Before publishing the national strategy. subject to section 3 of the Intergovernmental Fiscal Relations Act. (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. recycling. re-use. (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 .

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

(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. (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. 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. 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. (5) (a) Before publishing a notice in terms of subsection (2). (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 . s e t — (a) local standards for the separation. waste storage and waste disposal services.24 No. 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. ( I ) A municipality must exercise its executive authority to deliver waste m a n a g e m e n t services. b y — (a) adhering to all national and provincial n o r m s and standards. ( / ) keeping separate financial statements. (e) ensuring sustainable services through effective and efficient m a n a g e m e n t .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. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. including waste r e m o v a l . (d) providing such services at an affordable price. including waste collection. 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. (3) In exercising its executive authority contemplated in subsection (1). 32000 GOVERNMENT GAZETTE. 2008 Act No. (2) Each municipality must exercise its executive authority and perform its duty in relation to waste services. 2008 (c) provide for the phasing in of its provisions: and (d) he a m e n d e d . 59. (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. and (</) local standards in respect of the control of litter. (c) ensuring access for all to such services. 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 . 5 10 15 20 25 30 35 40 45 50 . in line with its tariff policy referred to in Chapter 8 of the Municipal S y s t e m s Act. a m u n i c i p a l ­ ity may furthermore. in a m a n n e r that d o e s not conflict with section 7 or 8 of this Act. including a balance sheet of the services provided. (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. a m o n g s t other things. 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. (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). 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. waste storage and waste disposal 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. or any a m e n d m e n t to the notice. (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. W a s t e service s t a n d a r d s 9.

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 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. (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. 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 . (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). (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. 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 . 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 . 32000 GOVERNMENT GAZETTE. (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. subject to such limitations or conditions as may be d e t e r m i n e d by the Minister. or is not aligned with. 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. the M E C for local g o v e r n m e n t . before finalising its integrated waste m a n a g e m e n t plan. 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. (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 . follow the consultative process contemplated in section 29 of the Municipal S y s t e m s Act. (b) A municipality must.26 No. or (iii) approve the plan or a m e n d m e n t . 5 10 15 20 25 30 35 40 45 50 . 1998 (Act N o . respectively. 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. or (bb) is in conflict with. 2008 Act No. in consultation with the M E C . (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. (7) (a) Before finalising an integrated waste m a n a g e m e n t plan. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (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. 117 of 1998). 59.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. 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. (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 . ( 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. (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. M E C or municipality. (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.

recycling and recovery. re-use. 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. re-use. in ihe case of— (a) a provincial d e p a r t m e n t . and (b) in the case of the Department. for the collection. 2008 Act No. or that are available. 32000 GOVERNMENT GAZKTTF. and (iv) the n u m b e r of persons in the area w h o are not receiving wasle collection services. be submitted to the Minister for approval. and (i) c o m p l y with the requirements prescribed by the Minister. (e) establish targets for ihe collection. (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. (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. (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. 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 . 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. 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. 59. re-use and recycling of waste. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (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. (ii) an assessment of the quantities and types of waste that are generated in the area. (v) in the case of a municipal integrated waste m a n a g e m e n t plan. recycling and recovery targets and initiatives. minimisation.28 No. set oul how that Department. in respect of waste m a n a g e m e n t . (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. (h) describe how the D e p a r t m e n t . insofar as such plan affects a municipality. minimisation. ( 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. 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. treatment and disposal of waste. 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 . 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. (d) set out the priorities and objectives of the Department. (/) set out the approach of the Department. provincial department or municipality. if applicable. (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 . 5 10 15 20 25 30 35 40 45 50 55 . (g) indicate the financial resources that are required to give effect to the plan. (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. be submitted to the M E C and the Minister for approval. (b) within the d o m a i n of the D e p a r t m e n t . 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. (b) the waste m a n a g e m e n t initiatives that have been undertaken during ihe reporting period. (iii) a description of the services that are provided. 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 i n t e n d s — (i) to give effect.

the Minister must consult with a person or category of persons lhat may be affected by the notice. (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. (i) in the case of a province. by notice in the Gazette. (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 . the extent to which municipalities c o m p l y with the plan and. (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. such declaration may only be m a d e after consultation with the Minister of Trade and Industry and the Minister of Finance. 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. treatment and disposal of the priority w a s t e .c o m p l i a n c e with the plan. (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. (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) . 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. 2008 Act No. including the information set out in paragraphs (a) to (j) of subsection (2) insofar as it relates to the performance of the municipality. recycling and recovering.c o m p l i a n c e : and (j) any other requirements as may be prescribed by the Minister. and reporting on. (6) (a) Before publishing a notice in terms of subsection (1). 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. 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. (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. (e) r e q u i r e m e n t s for the registration and monitoring of. (1) T h e Minister may. in the event of any n o n . 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. priority waste. (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. 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. (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. re-use. (4) Despite subsections ( I ) and (2). the reasons for such n o n . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (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). (/) the waste m a n a g e m e n t monitoring activities. or any a m e n d m e n t to the notice. (d) m e a s u r e s for the minimisation. 32000 GOVERNMENT GAZETTE. recycling and recovery rates or reduce health and environmental impacts. (b) a prohibition on the generation of the priority w a s t e . (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 . and follow a consultative process in a c c o r d a n c e with sections 72 and 7 3 . storage. 59. 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 .30 No. re-use.

process. after consultation with the Minister of Trade and Industry and by notice in the Gazette. 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. (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. is less harmful to the e n v i r o n m e n t than the disposal of such waste. (e) prevent any e m p l o y e e or any person under his or her supervision from contravening this Act. (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 . or (c) any other requirement in terms of this Act. 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). Part 3 Reduction. to minimise the toxicity and a m o u n t s of waste that are generated.32 No. and (e) remedy the effects of the pollution or environmental degradation. re-use. re-use. (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. (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. (1) Unless otherwise p r o v i d e d for in this Act. (c) where waste must be disposed of. recover. recycling or recovery of w a s t e must. ensure that the reduction. modify or control any act or process causing the pollution. (b) cease. any person w h o undertakes an activity involving the reduction. environ­ mental degradation or harm to health. and (/) prevent the waste from being used for an unauthorised p u r p o s e . o d o u r or visual impacts. (c) comply with any norm or standard or prescribed m a n a g e m e n t practice. (1) A holder of waste must. recycle and recover waste. 59. re-use. 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. recycling a n d recovery of waste 17. after following a consultative process in accordance with sections 72 and 7 3 . 32000 GOVERNMENT GAZETTE. (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 . re-use. (2) T h e Minister may. (5) Subsection (4) need not be complied with if the regulation is a m e n d e d in a non-substantive manner. before undertaking that activity. (b) reduce. require any person or category of persons t o — 50 . 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 . re-use. (1) N o person may import. (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. recycling and recovery of waste 45 15 5 10 20 25 30 35 40 R e d u c t i o n . manufacture. 2008 Act No. 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). within the h o l d e r ' s power. 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. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. ensure that the waste is treated and disposed of in an environmentally sound manner. (2) N o person may recycle.

(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 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. Part 4 Waste management Listed w a s t e m a n a g e m e n t activities 19. including the r e q u i r e m e n t s for the reduction. re-use. 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. the Minister must follow a consultative process in a c c o r d a n c e with sections 72 and 7 3 . or are likely to have. (e) the institutional a r r a n g e m e n t s for the administration of a waste minimisation programme. volume or weight of p a c k a g i n g be restricted. (b) r e m o v i n g waste m a n a g e m e n t activities from the list. or any a m e n d m e n t to the notice. (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 . re-used. (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. (e) the labelling r e q u i r e m e n t s in respect of waste. 10 MARCH 2009 Act No. 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 . 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. a detrimental effect on the e n v i r o n m e n t . and (d) consider relevant scientific information. (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. re-use. imported or manufactured by that person or category of p e r s o n s . recovery. 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). recycling. activities (a) 5 10 15 20 25 30 35 40 45 50 55 . E x t e n d e d p r o d u c e r responsibility 18.GOVERNMENT G A / E T T E . recycled or recovered. 2008 provide for the reduction. (3) (a) Before publishing a notice in terms of subsection (2). and (g) the requirements that must be complied with in respect of the design. (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 . unless the notice is a m e n d e d in a non-substantive m a n n e r . (1) T h e Minister after consultation with the Minister of Trade and Industry may. 59. with the concurrence of the Minister of F i n a n c e . in order to give effect to the objects of this Act. composition or production of a producl or packaging. or (c) m a k i n g other c h a n g e s to the particulars on the list. (d) the percentage of products that must be recovered under a waste minimisation programme. (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 . or (b) include a d e t e r m i n e d percentage of recycled material in a producl thai is produced. 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 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 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 . and (iii) p a c k a g i n g be designed so that it can be reduced. treatment and disposal of w a s t e . (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 . (3) Before publishing a notice under subsection (1) or any a m e n d m e n t to the notice.

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 . 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. or are likely to have. or (ii) adequately controlled by other legislation. and (b) when necessary. (7) A list published under subsection (5) by the M E C applies lo the relevant province only. 2008 Act No. 32000 GOVERNMENT GAZETTE. the Minister or M E C . 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. 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. with the c o n c u r r e n c e of the Minister. if a waste m a n a g e m e n t licence is not required. 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. (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).36 No. 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. 59. if a licence is required. must follow a consultative process in a c c o r d a n c e with sections 7 2 and 7 3 . Schedule 1 of this Act is applicable. 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). if applicable. as the case may be. undertake or conduct a waste m a n a g e m e n t activity. and (b) must d e t e r m i n e the date on which the notice takes effect. (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. 5 10 15 20 25 30 35 40 . (5) T h e M E C . (9) For ihe purposes of administrative efficiency. (ii) r e m o v i n g waste m a n a g e m e n t activities from the list. or (iii) m a k i n g other c h a n g e s to the particulars on the list. N o person may c o m m e n c e . 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) 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. (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. or any a m e n d m e n t to such notice. or (b) a wasle m a n a g e m e n t licence issued in respect of that activity. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (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). (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.

(b) adequate m e a s u r e s are taken to prevent accidental spillage or leaking. recyclable or recoverable and that is intended to be reduced. (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. 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. recycled or recovered in a c c o r d a n c e with this Act or any applicable b y . visual impacts and breeding of vectors d o not arise. A n y person w h o stores waste must at least take steps. or not prohibited from collecting that waste. unless otherwise provided by this Act. subject to this Act. 5 10 S t o r a g e of g e n e r a l w a s t e 22. and 45 . 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 . as the case may be. 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. 2008 Part 5 Storage. provide containers or receptacles for the collection of recyclable waste that are accessible to the public. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. and as far as is reasonably possible. (c) the waste cannot be blown away.38 No. authorised by law to collect that waste. the limitation must not pose a risk to health or the e n v i r o n 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. and (e) pollution of the e n v i r o n m e n t and harm to health are prevented. 32000 GOVERNMENT GAZETTR. re-used. where authorisation is required. p r o v i n c e or municipality. (2) Waste that is reusable. Waste collection services 2 3 . Collection of w a s t e 24. by notice in the Gazette. ( 1) T h e Minister. 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. 2008 Act No.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). but where the municipality takes action to limit the provision of services. (d) nuisances such as odour. (2) Every municipality must. 59. (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 . to ensure t h a t — (a) the containers in which any waste is stored. No (a) (b) (c) person may collect waste for removal from premises unless such person i s — a municipality or municipal service provider. 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 . an M E C or a municipality may. 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.

thai is used to iransport waste for the purpose of offloading that waste. and (b) that the litler is disposed of before it b e c o m e s a nuisance. spill or in any other way discard any litter into or o n t o any public place. 2008 Aci No. vacant erf.( 1) N o person m a y — dispose of waste. 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. (5) In the absence of evidence to the contrary which raises a reasonable d o u b t . ( I ) An o w n e r of privately o w n e d land to which the general public has access. 59. in or on any land. a person transporting the waste must. ensure that the facility or place to which the waste is transported. watercourse. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENTWASTE ACT. e n s u r e that the facility or place to which the waste is transported. Littering 27. (2) No person m a y — (a) throw. (4) W h e r e hazardous waste is transported for purposes other than disposal. street or road. 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). stream. 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. 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. or knowingly or negligently c a u s e or permit wasle to be disposed of. before oflloading the waste from ihe vehicle. (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. before oflloading the waste from the vehicle. (3) W h e r e waste is transported for the purposes of disposal. a person w h o is in control of a vehicle. drop. 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. or in a position to control the use of a vehicle. a ground for a complaint or causes a negative impact on the e n v i r o n m e n t . (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. or on any place to which the general public has access. w a t e r b o d y or at any facility unless ihe disposal of that waste is authorised by law. 32000 GOVERNMENT GAZETTE. must ensure— (a) that sufficienl containers or places are provided to contain litter that is discarded by the public. is authorised to accept such waste and must obtain written confirmation that the waste has been accepted. is considered to knowingly cause thai waste to be offloaded at the location w h e r e the waste is deposited. land. is authorised to accept such w a s l e . a person transporting the waste must. (a) 20 25 30 35 40 45 . deposit. 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.40 No. Part 6 Treatment.

the Minister or M E C must consider w h e t h e r — (a) the diversity. 59. 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. 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. and (iii) the conserving of natural resources. 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 ) . 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). the Minister or M E C . (5) T h e Minister or M E C must. or by notice in the Gazette require a category of persons or an industry. category of persons or industry. 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. by written notice require a person. by notice in writing. 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 .42 No. (ii) the reduction of negative impacts on health and the e n v i r o n m e n t . (1) T h e Minister may. 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. 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. (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 . in respect of any activity within (he province c o n c e r n e d that results in the generation of waste. category of persons or industry contemplated in subsection (1) or (2). (3) W h e n exercising a p o w e r under subsection (1) or (2). by notice in writing. before exercising a p o w e r under subsection ( I ) or (2). (7) (a) A person. ( 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 . 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. as the case may be. 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. consult the person. 32000 GOVERNMENT GAZETTE. 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. the M E C may not require a person. (b) W h e n a person. (6) T h e Minister or M E C . (3) Despite subsection (2). the Minister may by written notice require a person. as the case may be. as the case may be. within a stipulated timeframe. (2) T h e M E C may. (5) and (6) apply with the c h a n g e s required by the context. 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 . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. require an industry waste m a n a g e m e n t plan to be prepared by an organ of state. category of persons or industry to be affected. excluding a municipality. 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 . or by notice in the Gazette require a category of persons or an industry. (4) W h e n exercising a p o w e r under subsection (1) or (2). within a stipulated timeframe. 2008 Act No. (2) An M E C may. to prepare and submit an industry waste m a n a g e m e n t plan in respect of the same matter.

regarding the consultation process thai must be followed. (/) the phasing out of the use of specified substances. (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. in a notice c o n t e m p l a t e d in section 28(2) or 29(2).44 No. (c) ihe persons w h o are likely to be alfected by the plan c o m p r i s e of small. re-use. respectively. (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 . in a notice contemplated in seclion 28( 1) or 29( 1). m e d i u m or micro enterprises. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (c) targets for waste minimisation through waste reduction. after written notice. 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. has failed to d o so. 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 . (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. (j>) opportunities for the reduction of waste generation through c h a n g e s to packaging. (4) T h e Minister or M E C . interested p e r s o n s and the public and must follow any directions given by the Minister or M E C . 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. 2008 Act No. recycling and recovery is limited. 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). failed to prepare the plan. or to revise or a m e n d the plan in terms of section 32(1). or the M E C . by written notice. (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 . but has failed to d o so. 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. (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). respectively. as the case may be. (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). re-use. (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. 32000 GOVERNMENT GAZETTE. recycling and recovery. (i) the extent of any financial contribution to be made to support c o n s u m e r . must specify the information that must be included the industry waste m a n a g e m e n t plan. 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. in which case section 31(2) applies. 59. 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. must follow a consultative process in a c c o r d a n c e with sections 72 and 7 3 . ( I ) T h e Minister. (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 .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. or (d) the person required to prepare a plan in a c c o r d a n c e with section 2 8 . as the castmay be. (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. product design or production processes. may. and (I) any other matter that may be necessary to give effect to the objects of this Act.

(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 . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 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. 32000 GOVERNMENT GAZETTE. 59. as the case may be.( 1) T h e Minister. may. as the case may b e . 5 10 15 20 25 30 35 40 45 50 .46 No. if applicable. as the case may be. 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. the Minister or M E C . as the case m a y be. Specification of m e a s u r e s to be t a k e n 3 3 . the Minister or M E C must reconsider the plan. (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 ) . or the M E C acting in terms of section 28(2) or 29(2). (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 . (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 . 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. 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). (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). (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 . with any a m e n d m e n t s or conditions. (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 . must consider. which period may be extended by the Minister or M E C . (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 . 2008 Act No. 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. 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. and give directions for the i m p l e m e n t a t i o n of the plan. interested persons and the public. together with an indication of when and h o w the plan must be implemented. or if a consultation process in a c c o r d a n c e with section 31 w a s not followed. as the case m a y be. by notice in writing and without any criminal p r o c e e d i n g s being affected. 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. (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. together with the plan. acting in terms of section 28( I) or 29( 1). and to the extent possible. (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. the Minister or M E C . and a copy of all c o m m e n t s must be submitted to the Minister or M E C . 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). must be published in the relevant Gazette.

ihe 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. or by the M E C in t e r m s of section 28(2) or 29(2). and a notice u n d e r thai subsection by the M E C applies to the relevant province only. as the case may be. may.48 No. (b) land that the Minister or M E C . must follow a consultative process in a c c o r d a n c e with sections 72 and 7 3 . 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. 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 . on reasonable g r o u n d s believes to be contaminated. 32000 GOVERNMENT GAZETTE. or any a m e n d m e n t to the notice. 59. (1) T h e Minister. (2) A notice under subsection (1) by the Minister applies nationally. 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. (b) originated on land other than land referred to in section 3 8 . after consultation with the Minister of Water Affairs and Forestry and any other organ of state concerned. (6) Despite subsection (1). 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. 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 . or the M E C in respect of an area which affects the relevant province. 20 5 land 10 15 25 30 35 40 45 50 . (5) An o w n e r of land that is significantly contaminated. as the case may be. ( 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). PartS Contaminated A p p l i c a t i o n of this Part 35. may in respect of an investigation area c o n t e m p l a t e d in seclion 36. 2008 R e v i e w of industry waste m a n a g e m e n t plans 34. the Minister or M E C . as the case may be. (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. (4) Subsection (3) need not be complied with if the notice is a m e n d e d in a non-substantive manner. 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 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 . ( 1) T h e Minister or M E C . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. of that contamination. C o n s e q u e n c e s of identification a n d notification of investigation areas 37. (3) Before publishing a notice under subsection ( I ) . by notice in the Gazette. Identification a n d notification of investigation a r e a s 36. 2008 Act No. 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. 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 . 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. (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 .

(2) If the Minister or M E C . (ii) the substances present in or on the land are toxic. 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. decides that an investigation area is c o n t a m i n a t e d and requires remediation. presents a risk to health or the e n v i r o n m e n t . a remediation order under subsection (2). (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. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (3) For the p u r p o s e s of this section. (vii) any applicable standards have been e x c e e d e d . or (b) new information or evidence warrants an a m e n d i n g the order. 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. presents a risk to health or the e n v i r o n m e n t . and must be remediated within a specified period. 5 10 15 20 25 30 35 40 45 50 . 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. 32000 GOVERNMENT GAZKTTF. 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.SO No. 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. (3) If the Minister or M E C . as the ease m a y b e .. decides that the investigation area d o e s not present an i m m e d i a t e risk. (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. 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. decide t h a t — (a) the investigation area is contaminated. 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 . 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. 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. (b) the investigation area is c o n t a m i n a t e d . after consultation with the Minister of Water Affairs and Forestry and any other organ of state concerned. may. the Minister or M E C . 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. or (d) the investigation area is not c o n t a m i n a t e d . as the case may be. (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 . 59. and must be remediated urgently. as the case may be. 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 . (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. 2008 to cause a site assessment to be c o n d u c t e d by an independent person. but those c i r c u m s t a n c e s are reasonably foreseeable. at o w n cost. 2008 Act No. (5) T h e Minister or M E C . 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. (iii) there are exposure p a t h w a y s available to the substances. (4) Unless o t h e r w i s e directed. as the case may b e . (1) On receipt of a site assessment report c o n t e m p l a t e d in section 3 7 . (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 .

and must be remediated urgently. 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. (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. and must be remediated within a specified period. 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. (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. as ihe case may be. 32000 GOVERNMENT GAZHTTE. (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 . (2) Before issuing a remediation order or an a m e n d e d remediation order. (c) the nature of the c o n t a m i n a t i o n . 1937 (Act N o . Transfer of r e m e d i a t i o n sites 40.52 No. (ii) is c o n t a m i n a t e d . the M i n i s t e r or M E C . of any land that has been declared as a remediation site. 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. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 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. in the c a s e of a remediation site. (e) the period within which the order must be complied with. (b) the location of investigation areas. 30 5 10 15 20 25 35 40 45 50 . 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. (1) A remediation order issued under section 38(2) or an order issued u n d e r section 38(3) must describe. (b) the land to which the order applies. (e) the status of any remediation activities on investigation areas. (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. and (f) restrictions of use that have been imposed on investigation areas. 59. as the ease m a y be. 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. ( 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. 2008 Act No. (iii) is c o n t a m i n a t e d and d o e s not present an immediate risk. (/) whether any limitations in respect of the use of the land are i m p o s e d . 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 . presents a risk to health or the e n v i r o n m e n t . (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. 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. 47 of 1937). (3) T h e Minister or M E C . presents a risk to health or the e n v i r o n m e n t . 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 .

2008 Act No.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 . 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 . (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. (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 . operation. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 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. (2) If the licensing authority decides to issue a licence it may. (2) Subject to subsection (1). 2008 Other Recognition programmes Part 9 measures 42. 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. C o . 59. 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. (1) For the purposes of issuing a licence for a waste m a n a g e m e n t activity. minimisation or other forms of waste m a n a g e m e n t . 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. may be dealt with by the M E C . or be undertaken or c o n d u c t e d . the waste m a n a g e m e n t activity involves the establishment. including the importation or exportation of h a z a r d o u s w a s t e . may be dealt with by the Minister.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 . 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 . or (b) in respect of which the M E C has been identified as the licensing authority. 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. ( 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. (c) the waste m a n a g e m e n t activity is to be undertaken b y — (i) a national department. (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. 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 . without whose authorisation or approval or consent the activity may not c o m m e n c e . 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). (3) Despite subsections (1) and (2).o r d i n a t e or consolidate the application and d e c i s i o n .54 No. excluding any municipality. 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). 32000 GOVERNMENT GAZETTE. (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. 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.

information on— (a) the types of waste lhat will be incinerated. (1) T h e licensing authority may by written notice to an applicant require that applicant. 59. to appoint an independent and suitably qualified person to m a n a g e an application. w h e t h e r or not lhat information is favourable to the applicant. (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. (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. (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. 5 10 15 20 25 30 35 40 45 50 .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. 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. if any. together with any d o c u m e n t a t i o n or information contemplated in subsection (2).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 . 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 . then the d e c i s i o n . (b) identify the authority or authorities that have issued it. and (c) alternative environmentally sound m e t h o d s . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. at o w n cost. and (d) indicate the appeal procedure to be followed. 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. (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. 32000 GOVERNMENT GAZETTE. (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. (2) If an applicant is required to appoint an independent person. 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 . (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 . thai could be used to treat that waste. 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. (4) An integrated licence m u s t — (a) specify the statutory provisions in terms of which it has been issued. or by notice in the Gazette require applicants. and (b) provide the appointed person with access to all information at the disposal of the applicant reasonably required for the application. (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. (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. 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.

interested persons and the public. including similar waste m a n a g e m e n t activities. 59. the licensing authority must take into account all relevant matters. (1) T h e licensing a u t h o r i t y — (a) may. the wasle m a n a g e m e n t activity and alternatives considered. at the applicant's cost. and (d) must afford the applicant an opportunity to m a k e representations on any adverse statements or objections to the application. and (ii) to protect the e n v i r o n m e n t . (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. including health. require the applicant. 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. including the place w h e r e ii is or is to be carried out. control. and (c) contain such other particulars as the licensing authority may require. 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 . interested persons and the public. that have already been licensed. (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. e c o n o m i c conditions and cultural heritage. (h) any s u b m i s s i o n s received from organs of state. and (i) any guidelines the licensing authority may wish to issue relevant to the application. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (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. i n c l u d i n g — (a) the need for. and the address or place where representations or objections must be submitted. 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. (c) must invite written c o m m e n t s from any organ of stale that has an interest in the matter. social conditions. 32000 GOVERNMENT GAZETTE. (c) stale where further information on the waste m a n a g e m e n t activity can be obtained. by written notice. if any. the application m a y be submitted. (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. and desirability of. abate or mitigate pollution. 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. 5 10 15 20 25 30 35 40 45 50 . (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 . (g) the applicant's s u b m i s s i o n s . (b) the pollulion caused or likely to be caused by the activity that is the subject of the application. (b) give particulars of the waste m a n a g e m e n t activity. (2) An applicant must lake appropriate steps to bring the application lo ihe aitention of relevant organs of stale. (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 . social conditions. 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. or objections to. 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. 2008 Act No. (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. (d) stating a reasonable period within which written representations on. including health.58 No.

(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. (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. 1998 (Act N o . 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. issue a waste m a n a g e m e n t licence. (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. 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. 36 of 1998). (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 (c) in a m a n n e r d e t e r m i n e d by the licensing authority. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 Act No.) if the decision is to grant the application. 59. 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 . (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. 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. (e) the objectives of any applicable waste m a n a g e m e n t plan. w h e r e the M E C is the licensing authority. (c) the person to w h o m it is issued. (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. (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. instruct the applicant to notify any persons w h o have objected to the application of the decision and the reasons for the decision. (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. (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. (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. (d) any applicable industry waste m a n a g e m e n t plan. (1) (a) (b) (c) . 32000 GOVERNMENT GAZETTE. or (b) a period of three years has elapsed since the application w a s lodged. (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. 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 : (/. 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 . 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.60 No. or (c) reject the application where it does not comply with the requirements of this Act. (bj refuse the application. as the licensing authority may determine and specify in the licence. 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. (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 .

(3) The application must be in the form required by the licensing authority. before d e c i d i n g the application for transfer. 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. the licensing authority may request any additional information. 2008 Act No. (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. 59. handled. 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. and (iv) any action taken. and must take into 45 50 55 60 . 32000 GOVERNMENT GAZETTE. 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. reduced. the a m o u n t and type of waste that may be generated. the holder may. stored. (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. if applicable. waste m a n a g e m e n t licence m a y — specify conditions in respect of the reduction. 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. recovered or d i s p o s e d of. ( 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. (ii) particulars of any failure to c o m p l y with any of those conditions or requirements. 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 . (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 . auditing and reporting requirements. 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. with the p e r m i s s i o n of a licensing authority. 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. 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. to the satisfaction of the licensing authority. re-use. 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. including a requirement that the licence holder must. the conditions in terms of which salvaging of waste may be undertaken. 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. and include any other mailers which are necessary for the protection of the environment. the periods at which the licence may be r e v i e w e d . on request. 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 . (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. to prevent any recurrence of that failure or to mitigate the effects of that failure. and monitoring. interested persons and the public. p r o c e s s e d . if applicable. recycled. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. the Minister or M E C must. or to be taken. 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.62 No. 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. (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. the n a m e of Ihe licensing authority.

the requesl may be submitted. vary the l i c e n c e — (a) if it is necessary or desirable to prevent pollution. (c) the removal of a condition or requirement. including the place w h e r e it is. 32000 GOVERNMENT GAZETTE. (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). (d) to m a k e a non-substanlive a m e n d m e n t . carried out. 59. (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 . (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 . (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. (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. and (d) contain such other particulars as the licensing authority may require. 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 . (1) A licensing authority may. or objections lo. in writing. (bj give particulars of the waste m a n a g e m e n t activity. (b) the substitution of a condition or r e q u i r e m e n t . 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. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT.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 . 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. (2) T h e licensing authority must inform the holder of the waste m a n a g e m e n t licence. 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. (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 . 2008 account all relevant matters. (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. and the address or place w h e r e representations or objections must be submitted.64 No. (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. (3) For p u r p o s e s of the review. 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. 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. or is to be. (6) Sections 4 7 . (c) state a reasonable period within which written representations on. by written notice to ihe holder of a waste m a n a g e m e n t licence. 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 . 2008 Act No. (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. 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. 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 . (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. . 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. 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.

having regard to the si/. by written notice to the holder of a waste m a n a g e m e n t licence. on application by the holder of the licence. (2) In considering a request lo surrender a waste m a n a g e m e n t licence. 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. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 32000 GOVERNMENT GAZETTE. 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 . before the expiry date of the licence and within the period specified in the licence. 2008 Act No. be renewed by a licensing authority. (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. 59. 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. 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. (2) A waste m a n a g e m e n t control officer m u s t — . (5) Sections 4 7 . 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. 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. (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. the licensing authority has considered that s u b m i s s i o n . interested persons and the public. W a s t e m a n a g e m e n t control officers 5 8 . (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 . the licensing authority must. 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. a significant effect on health or the e n v i r o n m e n t . the licensing authority may immediately issue a notice of revocation or suspension and. 4 8 . (2) The holder of a wasle m a n a g e m e n t licence must. 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 . as soon thereafter as is possible. 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.66 No. 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). (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. (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.e and nature of Ihe waste m a n a g e m e n t activity for which the licence was granted. (3) Despite subsection (2). (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. ( I ) T h e licensing authority may. (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. or is having. (1) A waste m a n a g e m e n t licence may. ( 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. 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. the licensing authority m a y — (a) requesl such information as il requires to consider the request. before deciding the application. 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. if urgent action is necessary for the prolection of the environment.

and (d) p r o m p t l y report any n o n . 2008 Act No. 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. including the reduction. 32000 GOVERNMENT GAZETTE. (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. firm or entity to w h o m paragraph (a) or (b) applies. collection. (3) T h e national waste information system may be i m p l e m e n t e d incrementally. 10 MARCfl 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. reduced. Criteria for fit a n d p r o p e r p e r s o n s 5 9 . recycled. 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. 59. a licensing authority must take into account all relevant facts. recovery. 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 . (1) T h e Minister must establish a national waste information system for the recording. treated. (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. (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 . (a) . 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. transported. stored. (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). 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 . 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 . (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. the E n v i r o n m e n t Conservation Act. 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.68 No. transformed. (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 . 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 . (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. recovered and d i s p o s e d of.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. re-used.

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

or has contributed to the degradation of the e n v i r o n m e n t . 26(1). 2008 Act No. 24. (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. 3 6 of 1998). 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. are the liability of the person required to submit the report. in writing. (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. 5 10 15 20 25 30 35 40 45 . 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. the Minister of Water Affairs and Forestry may exercise any p o w e r s conferred on him or her by section 19. ( I ) Despite the p o w e r s conferred on the Minister or M E C by or under this Act. 36(5) o r 4 0 ( 1). 32000 GOVERNMENT GAZETTE. (b) contravenes or fails to c o m p l y with a provision of section 2 1 .(e) or (/). 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 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 . 59. ecological conditions or cultural heritage. (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. Offences 67. (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. 1998 (Act N o . (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). (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 . ( 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. 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 . or any order under section 38(2) or (3) or a notice u n d e r section 17(2) or 18(1).72 No. including any costs of an independent person. (2) A waste m a n a g e m e n t officer may. 2 7 ( 2 ) . (6) T h e costs incurred in c o m p i l i n g a waste impact report. e c o n o m i c c o n d i t i o n s . \6(\)(c). 22( 1).(d). 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 . in writing. Waste i m p a c t reports 66. 5 3 and 155 or the National Water Act. 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. 20. including social conditions.

(i) fails to submit a waste impact report required in terms of section 66( 1) or (2). (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. safety and the e n v i r o n m e n t . 32000 GOVERNMENT GAZETTE. well-being. (e). (c) 5 10 15 20 25 30 35 40 45 50 . ( I ) A person convicted of an offence referred to in seclion 67( I )(a). (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 . that is used to transport waste for the purpose of offloading that waste. (b). 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. 59. (/). or (e) fails to c o m p l y with any duty set out in section 2 5 ( 4 ) . 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). (j). (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. (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 . (d). or to boih such 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 .) 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). (5) A fine c o n t e m p l a t e d in subsection (1). (d) fails to ensure that wasle is disposed of at a facility (hat is authorised to accept such waste. (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. 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.74 No. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (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 . (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. (2). or to both a fine and such i m p r i s o n m e n t . (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. 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. (f) contravenes or fails to comply with a norm or standard established in terms of this Act. (c). (c). (2) A person w h o is in control of a vehicle. (/. 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. (k) or (I) or section 67(2)(a). (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 respect of each day that person persists with thai act or omission. (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 ..

waste m a n a g e m e n t planning. 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 . m e a s u r e s that must be taken in respect of the implementation of wasle minimisation. re-use and recycling. composition or production of a product or p a c k a g i n g . the contents of a site assessment report c o n t e m p l a t e d in section 37. 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. 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 . 2008 Act No. 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 . re-use. the reduction of wasle b y — (i) the adoption of certain manufacturing processes. (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 . 59. 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. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. recycling and recovery of p a c k a g i n g . 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. v o l u m e or weighl of p a c k a g i n g . refundable deposit or take-back p r o g r a m m e . ihe obligation of producers of a specified product or class of producl lo carry out a life cycle assessment in relation to the product.76 No. planning and design of waste m a n a g e m e n t activities. the exercise of the duty of care. and (ii) the use of alternative materials or products. the location. 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 . 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 . the requirements that must be c o m p l i e d with in respect of the design. 32000 GOVERNMENT GAZKTTK. and (iii) the use of alternate materials that are less harmful to the e n v i r o n m e n t . recycling. the registration of persons transporting w a s t e . requirements in respect of the funding or insuring of a waste m a n a g e m e n t activity. including persons w h o may undertake such site a s s e s s m e n t s . requirements in respect of waste m a n a g e m e n t activities. including the persons w h o may m a n a g e such applications. the dissemination of information to the public. the manner in which priority waste must be dealt with and m a n a g e d . (ii) the reduction. the nature. the control of the import or export of w a s t e . 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. the m a n n e r in which particular waste types must be dealt with and m a n a g e d . type. 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 . 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. 2008 CHAPTER 8 GENERAL MATTERS Part 1 Regulations Regulations by M i n i s t e r 6 9 . the utilisation of waste by way of recovery.

(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. 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. (2) A regulation under subsection (1 (j). c o d e of practice or any national or international standard relating lo waste m a n a g e ment. or (iii) types. (v) and (w) may only be m a d e after consultation wilh the Minister of Water Affairs and Forestry. (c) differentiate between different— (i) areas or category of areas: (ii) persons or categories of p e r s o n s . (in). inclusive. and (y) to (dd). General regulatory p o w e r s 7 1 . (dd) any matter that m a y or must be prescribed in terms of this A c t . (k).(l). (q). and a regulation in respect of financial incentives and disincentives m a d e under subsection (\)(bb). (3) A regulation under subsection (\)(o) and (. (3) A regulation in respect of a matter referred to in terms of seclion 69( 1) (u). (/>). 59. (1) Regulations m a d e under this Act m a y — (a) restrict or prohibit any act. (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. ( « ) a n d (r) m a y only be m a d e after consultation with the Minister of Trade and Industry.) an appropriate line. m i n i m u m r e q u i r e m e n t s . (d) incorporate by reference any guideline. or (ii) generally to all persons or only to a specified category of persons. 32000 GOVERNMENT GAZETTE. (5) A regulation under subsection (\)(u). (b) a p p l y — (i) generally to the Republic or a province. inclusive. (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. inclusive. (v) and (w) may only be m a d e after consultation with the Minister of Water Affairs and Forestry. (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 . 5 10 15 20 25 30 35 40 45 . classes or categories of waste. 2008 Act No. 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 . R e g u l a t i o n s by M E C s 7 0 .x). or (c) both a line and i m p r i s o n m e n t . or only in a specified areas or category of areas. including any matter referred to in section 69(])(b) to (h). (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: (/. either absolutely or conditionally. (s) to (w). 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. (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 .78 No. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT.

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

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. 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. as the case may be. the e x e m p t i o n may. 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 . 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 . (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. (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. to the M E C .82 No. 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 . if the e x e m p t i o n is granted for a period. if (he e x e m p t i o n is granted subject to conditions. 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 . clearly should not apply lo an organ of slate. (c) the conditions subject to which the e x e m p t i o n is granted. 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. withdrawal or a m e n d m e n t . must. 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 . inclusive. (3) If an application is granted. 45 15 20 25 30 35 40 50 55 . (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 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 . on the reasons for the suspension. ( 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 . 59. as the case may be. (2) Before s u s p e n d i n g . 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 . with the permission of the Minister or M E C . (1) T h e Minister or the M E C . (b) the e x e m p t i o n would not defeat the objects of this Act. as the c a s e m a y be. R e v i e w and transfer of e x e m p t i o n s 77. or pari thereof. and (d) the period for which e x e m p t i o n is granted. 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. 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 . but for the definition of " p e r s o n " contained in section (1). 32000 GOVERNMENT GAZETTE. the Minister or M E C . (1) The Minister or M E C . in writing. or any part thereof. 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 . (2) Sections 48 and 49(2) to (6). 2008 Act No. (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. (4) T h e Minister or the M E C . (b) the provision of this Act from which e x e m p t i o n is granted. as the case may be. 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. and (c) it is in the public interest to grant the e x e m p t i o n . before d e c i d i n g the application. 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 . 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. request the applicant t o — (a) bring the application to the attention of relevant organs of state. and (b) any applicable supporting d o c u m e n t s . 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.

84 No. (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 . in writing. 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 . 8(1). by notice in the Gazette. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 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. the p o w e r or duty to another official in the D e p a r t m e n t . (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 ) . 18. (cj may authorise that official lo subdelegate or further assign. 32000 GOVERNMENT G A / E T T E . 19. or lo the holder of a specific post in the D e p a r t m e n t . 2008 (4) Section 52 applies with the c h a n g e s required by the context to the transfer of exemptions. (1) Subject to subsections (2) and (3) and section 8 1 . by section 7(2) or (3). by or under this Act. respectively. 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. (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. (2) T h e Minister or M E C must regularly review and. e x c e p t — (a) the p o w e r conferred on the Minister or M E C . 15 5 10 20 25 30 35 40 45 50 . (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. (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 . 2008 Act No. respectively. 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. Appeals 78. a m e n d or w i t h d r a w a delegation or assignment under subsection (1). or (b) the duty imposed on the Minister by section 6 or 7(1). the Minister or M E C may indicate the process that must be followed to give effect to that decision. calls upon that person to apply for a waste m a n a g e m e n t licence. vary or revoke any decision taken by an official as a result of a delegation or subdelegalion under this section. 14. if necessary. and s a v i n g s 80. may be considered jointly with any other appeal involving a related matter. Repeal and a m e n d m e n t of l a w s . (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. 69 or 7 0 . 2 8 . 59. 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. 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 . (4) T h e Minister or M E C may confirm. (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. (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. (1) T h e Minister or M E C .

(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. must be finalised as if those sections had not been repealed. (1) This Act is called the National Environmental M a n a g e m e n t : Waste Act. (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. the provisions of this Act apply in respect of the holder of such a permit. within the stipulated period. 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. 10 15 20 25 30 35 40 45 . 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. (2) Different dales may be so determined fordilferent provisions of this Act. 32000 GOVERNMENT GAZETTE. (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.86 No. and within the period stipulated by the licensing authority. or (<•) if the licensing authority refuses an application c o n t e m p l a t e d in subsection (2). 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) 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. S h o r t title and c o m m e n c e m e n t 8 4 . 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 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. (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. 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. 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 . (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). 59. 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). 2 0 0 8 . 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 . 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 . 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 . when required lo d o so by the licensing authority. 2008 (5) A n y criminal proceedings instituted under section 19. 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. 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). (b) if the holder of the permit did not apply. 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 . 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. 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. 91 of I February 2 0 0 2 . 2008 Act No.

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 treatment. Disposal of w a s t e o n land 8. 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. 3 5 10 15 R e c y c l i n g and recovery 3. 2 3 20 25 30 35 40 . T h e treatment of wasle in sludge lagoons. 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. T h e temporary storage of general waste at a facility. 1998 (Act No. excluding recovery thai lakes place as an integral part of an internal manufacturing process. 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. 9. including a waste transfer facility and container yard. 4. including the construction of a facility and associated structures and infrastructure for such sorting or shredding. 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. physical or p h y s i c o c h e m i c a l treatment of general wasle or the autoclaving. 6. including a wasle transfer facility and container yard. 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. The biological. including the construction of a facility and associated structures and infrastructure for such disposal. 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. that has the capacity to receive in excess of three tonnes of h a z a r d o u s waste per day.88 No. T r e a t m e n t of w a s t e 5. including the construction of a facility and associated structures and infrastructure for such disposal. including the construction of a facility and associated structures and infrastructure for such storage. 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. drying or m i c r o w a v i n g of h a z a r d o u s waste. 107 of 1998) S t o r a g e a n d transfer of w a s t e 1. T h e temporary storage of h a z a r d o u s waste at a facility. 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. including the construction of a facility and associated structures and infrastructure for such recovery. 2 . 7. 59. T h e recovery of waste. The disposal of inert waste. including the construction of a facility and associated structures and infrastructure for such storage. 2008 Act No. 32000 GOVERNMENT GAZETTE.

2008 S t o r a g e . T h e incineration of waste. 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. including the c o m p o s t i n g of animal m a n u r e . including the construction of a facility and associated structures and infrastructure for such treatment. 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 10.90 No. abattoir waste or vegetable waste. 1998 (Act No. including the construction of a facility and associated structures and infrastruc­ ture for such storage. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 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. 59. 11. Disposal of w a s t e on land 4. at a facility that has a throughput capacity in excess of 10 t o n n e s per month. 30 20 15 5 10 25 . animal m a n u r e . T h e treatment of general waste by a method other than biological. The storage. treatment or p r o c e s s i n g of animal m a n u r e . including the construction of a facility and associated structures and infrastructure for such treatment. 2. 5. including the construction of a facility and associated structures and infrastructure for the incineration of waste. T h e disposal of h a z a r d o u s waste to land. 3. 32000 GOVERNMENT GAZETTE. 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. 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. 2008 Act No. 107 of 1998) T r e a t m e n t of w a s t e 1. 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. including the construction of a facility and associated structures and infraslructure for such disposal. 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 construction of a facility and associated structures and infrastruc­ ture for such processing animal m a n u r e and abattoir wasle. including the construction of a facility and associated structures and infrastructure for such disposal. T h e processing of waste at hiogas installations with a capacity for receiving live tonnes or more per day of animal waste. treatment or processing.

. " : 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 ) . 2 4 A .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. 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 (. 2008 Act No.92 No. vation A m e n d m e n t Act. 2008 SCHEDULE 2 (Section 80) L a w s repealed or a m e n d e d N o . 1 A u g u s t 1990 Government Notice No. 2. 2 4 . T h e repeal of s e c t i o n s 19. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 1992 T h e repeal of the w h o l e . 2 4 B and 2 4 C . 20. 292. Government Notice No. T h e a m e n d m e n t of seclion 1 by the d e l e ­ vation Act.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 . 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 . 32000 GOVERNMENT GAZETTE. 28 Febru­ ary 200.3. 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 . 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 . a n d y e a r of Law Act N o . 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. 2 0 ( 9 ) . 1989 tion of the definitions of " d i s p o s a l s i t e " and "waste".3 T h e repeal of the w h o l e . . shall be guilty of an offence and liable on c o n v i c t i o n lo a line. 7. 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 . " . o r ] fails to c o m ­ ply wilh a direction in t e r m s of section 31 A( 1) or (2). | 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 . 1986. 59. r 10 Act N o . 19A.