Beruflich Dokumente
Kultur Dokumente
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:–
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
TABLE OF CONTENTS
CHAPTER 1
1. Definitions
2. Objects of Act
3. General duty of Slate
4. Application of Act
5. Application of National Environmental M a n a g e m e n t Act 10
CHAPTER 2
Part 1
Part!
National norms and standards, provincial norms and standards and waste service
standards
7. National norms and standards 20
8. Provincial norms and standards
CHAPTER 3
CHAPTER 4
Part 2
General duty
Part 3
Reduction, re-use, recycling and recovery of waste
Part 4
Waste management activities 15
Part 5
Storage, collection and transportation of waste
Part 6 25
Treatment, processing and disposal of waste
Part 7
Industry waste management plans 30
Part 8
Contaminated land
Part 9
Other measures
42. Recognition p r o g r a m m e s 5
CHAPTER 5
CHAPTER 6 25
WASTE INFORMATION
64. A c c e s s to information
CHAPTER 7
Part 1 40
Regulations
Part 2
Consultative process
72. Consultation
73. Public participation
Part 3 5
Exemptions and appeals
78. Appeals
CHAPTER 9
MISCELLANEOUS
CHAPTER 1 25
Definitions
1. In this Act, 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 30
effect on health or the e n v i r o n m e n t ;
"associated s t r u c t u r e s a n d i n f r a s t r u c t u r e " , when referred to in S c h e d u l e 1,
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; 35
"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 , at a cost
acceptable to society, in the long term as well as in the short term;
" 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, excluding h a z a r d o u s waste,
produced during the construction, alteration, repair or demolition of any structure, 40
and includes rubble, earth, rock and w o o d displaced during that construction,
alteration, 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 , retail, w h o l e s a l e , entertainment or g o v e r n m e n t
administration purposes; 45
" b y - 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;
" 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, products and services to increase overall 50
efficiency and to reduce the impact of such processes, 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 ;
No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009
" c o m m e n c e " m e a n s ihe start of any physical activity, 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, 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, 1996;
" 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, accumulating, handling, transporting, treating or disposing
of that waste, and includes bins, bin-liners and skips;
" c o n t a m i n a t e d " , in relation to Part 8 of C h a p t e r 4, m e a n s the presence in or under
any land, site, buildings or structures of a substance or m i c r o - o r g a n i s m a b o v e the
concentration that is normally present in or under that land, which substance or
m i c r o - 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;
" d e c o m m i s s i o n i n g " , in relation to waste treatment, waste transfer or waste
disposal facilities, 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 ;
" 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 ;
" d i s p o s a l " m e a n s the burial, deposit, discharge, a b a n d o n i n g , d u m p i n g , placing or
release of any waste into, or onto, any land;
" d o m e s t i c w a s t e " m e a n s waste, excluding hazardous waste, that e m a n a t e s from
premises that are used wholly or mainly for residential, e d u c a t i o n a l , health care,
sport or recreation purposes;
" e n v i r o n m e n t " has the m e a n i n g assigned to it in section 1 of" the National
E n v i r o n m e n t a l M a n a g e m e n t Act;
" E n v i r o n m e n t 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,
1989 (Act No, 7 3 of 1989);
" 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;
" 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;
" 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 - c o n s u m e r
stage of the product, and i n c l u d e s —
(a) waste minimisation p r o g r a m m e s ;
(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, re-use. recycling and recovery of waste;
(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 ;
"Gazette", when used in relation t o —
(a) the Minister, m e a n s the Government Gazette; and
(b) the M E C , m e a n s the Provincial Gazette of the province c o n c e r n e d ;
"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 , and i n c l u d e s —
(a) d o m e s t i c wasie;
(b) building and demolition waste;
(c) business waste: and
(d) inert w a s t e ;
" 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, c h e m i c a l or toxicological
14 No. 32000 GOVERNMENT G A / K T T E . 10 MARCH 2009
" r e c y c l e " m e a n s a process where waste is reclaimed for further 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;
" r e - 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; 5
"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;
" 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;
" 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 10
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;
"this A c t " i n c l u d e s —
(a) any regulations m a d e in terms of this Act;
(b) any notice or other subordinate legislation issued or m a d e in t e r m s of this Act:
and " 15
(c) any regulation or direction that remains in force in terms of section 8 1 ;
" 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;
" t r e a t m e n t " m e a n s any method, technique or process that is designed t o — 20
(a) c h a n g e the physical, 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 ; or
(/;) r e m o v e , separate, concentrate or recover a hazardous or toxic c o m p o n e n t of a
waste; or
(c) destroy or reduce the toxicity of a waste, 25
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, whether or not that substance can be reduced,
re-used, recycled and r e c o v e r e d —
(a) that is surplus, u n w a n t e d , rejected, discarded, a b a n d o n e d or disposed of; 30
(b) which the generator has no further use of for (he purposes of production;
(c) that must be treated or disposed of; or
(d) that is identified as a waste by the Minister by notice in the Gazette,
and includes waste generated by the mining, medical or other sector, b u t —
(i) a by-product is not considered waste; and 35
(ii) any portion of waste, once re-used, recycled and recovered, ceases to be
waste;
" 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 ;
" 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 40
published by notice in the Gazette under section 19, and i n c l u d e s —
(a) Ihe importation and exportation of w a s t e ;
(b) the generation of waste, 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 ; 45
(d) the collection and handling of waste;
<e) the reduction, re-use, recycling and recovery of waste;
(f) the trading in waste;
([>) the transportation of waste;
(Ii) the transfer of waste; 50
(i) the treatment of w a s t e ; and
(j) the disposal of waste;
" w a s t e m a n a g e m e n t control officer" m e a n s a waste m a n a g e m e n t control officer
designated under section 58(1);
" 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 ; 55
18 No. 32000 GOVKRNMKNT GAZETTE. 10 MARCH 2009
O b j e c t s of Act
G e n e r a l d u t y of State
3 . In fulfilling the rights contained in section 24 of the Constitution, the State, 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, must put in place uniform 35
measures that seek to reduce the amount of waste that is generated and, w h e r e waste is
generated, to ensure that waste is re-used, 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.
A p p l i c a t i o n of A c t
A p p l i c a t i o n of N a t i o n a l E n v i r o n m e n t a l M a n a g e m e n t A c t
5. (1) This Act must be read with the National Environmental M a n a g e m e n t 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. 5
(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.
CHAPTER 2
Part 1
National waste management 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. (1) T h e Minister must, within two years of the date on which this section lakes 15
effect, 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. which must i n c l u d e —
(a) objectives, plans, guidelines, 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), re-use, recycling, recovery, treatment, 20
disposal, use. control and m a n a g e m e n t of waste in order to achieve the objects
of this Act;
(b) m e c h a n i s m s , 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 ;
(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 - 25
menl matters;
(cl) guidance on raising awareness regarding the impact of waste on health and the
environment;
(e) approaches for securing c o m p l i a n c e with the requirements of this Act,
including the monitoring of c o m p l i a n c e ; and 30
(/) any other matter that the Minister considers necessary for achieving the
objects of this Act.
(2) The national waste m a n a g e m e n t strategy may include targets for waste reduction.
(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 , and all persons if and to 35
the extent applicable: and
(b) may, subject to section 3 of the Intergovernmental Fiscal Relations Act, 1997
(Act No. 97 of 1997). 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 ; and 40
(ii) different organs of state.
(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 .
(5) T h e national waste m a n a g e m e n t s t r a t e g y — 45
(a) may differentiate between dilferent geographical areas;
(b) may differentiate between different classes or categories of w a s t e ;
(c) may provide for the phasing in of its provisions;
(d) may be a m e n d e d ; and
(e) must be reviewed by the Minister at intervals of not m o r e than live years. 50
(6) Before publishing the national strategy, or any a m e n d m e n t to the strategy, the
Minister must follow a consultative process in accordance with sections 72 and 7 3 .
No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009
Part 2
National norms and standards, provincial norms and standards and waste service
standards 5
National n o r m s and s t a n d a r d s
7. (1) T h e Minister must, by notice in the Gazette, 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 10
(c) storage, treatment and disposal of waste, including the p l a n n i n g and operation
of waste treatment and waste disposal facilities.
(2) The Minister may, by notice in the Gazette, set national n o r m s and standards for—
(a) the minimisation, re-use, recycling and recovery of waste, including the
separation of waste at the point of generation: 15
(b) extended producer responsibility;
(c) the regionalisation of waste m a n a g e m e n t services; and
(d) the remediation of contaminated land and soil quality.
(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, by notice in the
Gazette, set national standards in respect of tariffs for waste services provided by 20
municipalities.
(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) differentiate between different classes or categories of waste;
(c) provide for the phasing in of its provisions; and 25
(d) be a m e n d e d .
(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; and
(ii) different types of waste m a n a g e m e n t services; 30
(b) ensure that funds obtained from waste services are used for waste m a n a g e
ment services; 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.
(6) (a) Before publishing a notice in terms of subsection (1). (2) or (3), or any 35
a m e n d m e n t to the notice, 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) Paragraph (a) need not be complied with if the notice is a m e n d e d in a
non-substantive manner.
Provincial n o r m s a n d s t a n d a r d s 40
W a s t e service s t a n d a r d s
CHAPTER 3
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
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
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
(d) 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;
(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;
(/) the waste m a n a g e m e n t monitoring activities;
(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;
(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, the extent to which municipalities c o m p l y with the
plan and, in the event of any n o n - c o m p l i a n c e with the plan, the reasons for
such n o n - c o m p l i a n c e : and
(j) any other requirements as may be prescribed by the Minister.
(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, including the information set out in paragraphs (a)
to (j) of subsection (2) insofar as it relates to the performance of the municipality.
(4) Despite subsections ( I ) and (2). 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 .
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. (1) T h e Minister may, by notice in the Gazette, 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, 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; 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, re-use, recycling and recovery rates or reduce
health and environmental impacts.
(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).
(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 , such declaration may only be
m a d e after consultation with the Minister of Trade and Industry and the Minister of
Finance.
(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.
(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) a prohibition on the generation of the priority w a s t e ;
(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 ;
(d) m e a s u r e s for the minimisation, storage, re-use, recycling and recovering,
treatment and disposal of the priority w a s t e ;
(e) r e q u i r e m e n t s for the registration and monitoring of, and reporting on. priority
waste; 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.
(6) (a) Before publishing a notice in terms of subsection (1), or any a m e n d m e n t to the
notice, the Minister must consult with a person or category of persons lhat may be
affected by the notice, and follow a consultative process in a c c o r d a n c e with sections 72
and 7 3 .
(b) Paragraph (a) need not be complied with if the notice is a m e n d e d in a
non-substantive manner.
32 No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009
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. (1) N o person may import, manufacture, process, 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); 5
(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; or
(c) any other requirement in terms of this Act.
(2) N o person may recycle, recover, 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 10
14(4).
Part 2
General duty
16. (1) A holder of waste must, within the h o l d e r ' s power, take all r e a s o n a b l e 15
measures t o —
(a) avoid the generation of waste and where such generation cannot be avoided,
to minimise the toxicity and a m o u n t s of waste that are generated;
(b) reduce, re-use, recycle and recover waste;
(c) where waste must be disposed of, ensure that the waste is treated and disposed 20
of in an environmentally sound manner;
(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, o d o u r or visual impacts;
(e) prevent any e m p l o y e e or any person under his or her supervision from
contravening this Act; and 25
(/) prevent the waste from being used for an unauthorised p u r p o s e .
(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 .
(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 — 30
(a) investigate, 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 ;
(b) cease, modify or control any act or process causing the pollution, environ
mental degradation or harm to health;
(c) comply with any norm or standard or prescribed m a n a g e m e n t practice; 35
(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 ; and
(e) remedy the effects of the pollution or environmental degradation.
(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, after
following a consultative process in accordance with sections 72 and 7 3 . 40
(5) Subsection (4) need not be complied with if the regulation is a m e n d e d in a
non-substantive manner.
Part 3
E x t e n d e d p r o d u c e r responsibility 10
18. (1) T h e Minister after consultation with the Minister of Trade and Industry may.
in order to give effect to the objects of this Act, 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;
(b) specify the extended producer responsibility m e a s u r e s that must be taken in 15
respect of that product or class of p r o d u c t s ; 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).
(2) The Minister may in a notice under subsection ( I ) specify—
(a) the requirements in respect of the implementation and operation of an 20
extended producer responsibility p r o g r a m m e , including the r e q u i r e m e n t s for
the reduction, re-use, recycling, recovery, treatment and disposal of w a s t e ;
(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 , with the
concurrence of the Minister of F i n a n c e ;
(e) the institutional a r r a n g e m e n t s for the administration of a waste minimisation 25
programme;
(d) the percentage of products that must be recovered under a waste minimisation
programme;
(e) the labelling r e q u i r e m e n t s in respect of waste;
(f) thai the producer of a product or class of products identified in that notice must 30
carry out a life cycle assessment in relation to the product, 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; and
(g) the requirements that must be complied with in respect of the design,
composition or production of a producl or packaging, including a requirement
that— 35
(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 , volume or weight of p a c k a g i n g be restricted; and
(iii) p a c k a g i n g be designed so that it can be reduced, re-used, recycled or
recovered.
(3) Before publishing a notice under subsection (1) or any a m e n d m e n t to the notice. 40
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 , unless
the notice is a m e n d e d in a non-substantive m a n n e r ;
(c) take into account the R e p u b l i c ' s obligations in terms of any applicable 45
international a g r e e m e n t s ; and
(d) consider relevant scientific information.
Part 4
Listed w a s t e m a n a g e m e n t activities 50
19. (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, or are likely to have, a detrimental effect on the e n v i r o n m e n t .
(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;
(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 55
(c) m a k i n g other c h a n g e s to the particulars on the list.
36 No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009
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
Part 5
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. A n y person w h o stores waste must at least take steps, unless otherwise provided
by this Act, to ensure t h a t — 5
(a) the containers in which any waste is stored, 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 ;
(b) adequate m e a s u r e s are taken to prevent accidental spillage or leaking;
(c) the waste cannot be blown away;
(d) nuisances such as odour, visual impacts and breeding of vectors d o not arise; 10
and
S t o r a g e of g e n e r a l w a s t e
22. (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, designated o r provided by the 15
municipality for that p u r p o s e and in a location approved or authorised by the
municipality.
(2) Waste that is reusable, recyclable or recoverable and that is intended to be reduced,
re-used, recycled or recovered in a c c o r d a n c e with this Act or any applicable b y - 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). 20
Waste collection services
Collection of w a s t e
24. No person may collect waste for removal from premises unless such person i s —
(a) a municipality or municipal service provider;
(b) authorised by law to collect that waste, where authorisation is required; or 40
(c) not prohibited from collecting that waste.
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
Part 6
Prohibition of u n a u t h o r i s e d disposal
26.( 1) N o person m a y —
(a) dispose of waste, or knowingly or negligently c a u s e or permit wasle to be 20
disposed of, in or on any land, w a t e r b o d y or at any facility unless ihe disposal
of that waste is authorised by law. 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.
(2) Subsection (1) need not be complied with if— 25
(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;
and
(ii) ihe most e n v i r o n m e n t a l l y and economically feasible option for the
m a n a g e m e n t of the waste w a s adopted; or 30
(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.
Littering
27. ( I ) An o w n e r of privately o w n e d land to which the general public has access, must
ensure— 35
(a) that sufficienl containers or places are provided to contain litter that is
discarded by the public; and
(b) that the litler is disposed of before it b e c o m e s a nuisance, a ground for a
complaint or causes a negative impact on the e n v i r o n m e n t .
(2) No person m a y — 40
(a) throw, drop, deposit, spill or in any other way discard any litter into or o n t o
any public place, land, vacant erf, stream, watercourse, street or road, or on
any place to which the general public has access, 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 45
contemplated in paragraph (a).
42 No. 32000 GOVERNMENT GAZETTE. 10 MARCH 2009
Part 7
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 . ( 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 , the Minister 5
may by written notice require a person, or by notice in the Gazette require a category of
persons or an 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.
(2) T h e M E C may. in respect of any activity within (he province c o n c e r n e d that
results in the generation of waste, by written notice require a person, or by notice in the 10
Gazette require a category of persons or an industry, 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.
(3) Despite subsection (2). the M E C may not require a person, 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 ) , to prepare and submit an industry waste m a n a g e m e n t plan in respect of 15
the same matter.
(4) W h e n exercising a p o w e r under subsection (1) or (2), the Minister or M E C , as the
case may be, 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, category of persons or industry; 20
(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 ; 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; 25
(ii) the reduction of negative impacts on health and the e n v i r o n m e n t ; and
(iii) the conserving of natural resources.
(5) T h e Minister or M E C must, before exercising a p o w e r under subsection ( I ) or (2),
as the case may be. consult the person, category of persons or industry to be affected.
(6) T h e Minister or M E C , as the case may be, may give directions that an industry 30
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, category of persons or industry contemplated in subsection (1) or (2).
(7) (a) A person, 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 . 35
(b) W h e n a person, 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). (5) and (6) apply with the c h a n g e s required by the context;
and
(ii) the Minister or M E C to w h o m ihe plan is submitted may exercise any of their 40
respective p o w e r s set out in this Part in respect of that plan.
C o n t e n t s of industry w a s t e m a n a g e m e n t plans
(I) any other matter that may be necessary to give effect to the objects of this Act.
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. (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, interested p e r s o n s
and the public and must follow any directions given by the Minister or M E C , as the cast-
may be. regarding the consultation process thai must be followed.
(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
46 No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009
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.( 1) T h e Minister, acting in terms of section 28( I) or 29( 1), or the M E C acting in
terms of section 28(2) or 29(2), 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, with any a m e n d m e n t s or conditions, and give 10
directions for the i m p l e m e n t a t i o n of the plan;
(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 ;
(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 ; or 15
(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), as the case m a y be, or
if a consultation process in a c c o r d a n c e with section 31 w a s not followed.
(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 20
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 .
(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), 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 25
subsection (2) for the first time, the Minister or M E C must reconsider the plan.
(5) A n approval in terms of subsection (\)(a) must at least specify the period for
which the approval is issued, which period may be extended 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 30
Minister or M E C , as the case may be.
(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 , as the case may be, must be published
in the relevant Gazette, together with an indication of when and h o w the plan must be 35
implemented, if applicable.
Specification of m e a s u r e s to be t a k e n
34. (1) An industry waste m a n a g e m e n t plan that has been required by the Minister in
terms of section 28( 1) or 29( I), or by the M E C in t e r m s of section 28(2) or 29(2), 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. 5
(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, ihe Minister or M E C . as the case may be, 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.
PartS
Contaminated land 10
A p p l i c a t i o n of this Part
36. (1) T h e Minister, or the M E C in respect of an area which affects the relevant 20
province, may, after consultation with the Minister of Water Affairs and Forestry and any
other organ of state concerned, by notice in the Gazette, 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) land that the Minister or M E C , as the case may be, on reasonable g r o u n d s 25
believes to be contaminated.
(2) A notice under subsection (1) by the Minister applies nationally, and a notice u n d e r
thai subsection by the M E C applies to the relevant province only.
(3) Before publishing a notice under subsection ( I ) , or any a m e n d m e n t to the notice,
the Minister or M E C , as the case may be, must follow a consultative process in 30
a c c o r d a n c e with sections 72 and 7 3 .
(4) Subsection (3) need not be complied with if the notice is a m e n d e d in a
non-substantive manner.
(5) An o w n e r of land that is significantly contaminated, 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 , must notify ihe 35
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 , of that
contamination.
(6) Despite subsection (1), 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 . 40
37. (1) T h e Minister or M E C , as the case may be, may in respect of an investigation
area c o n t e m p l a t e d in seclion 36, after consultation with the Minister of Water Affairs
and F o r e s t r y —
(a) c a u s e a site assessment to be c o n d u c t e d in respect of the relevant investigation 45
area; 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; 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 50
the investigation area.
SO No. 32000 GOVERNMENT GAZKTTF.. 10 MARCH 2009
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
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) A remediation order issued under section 38(2) or an order issued u n d e r
section 38(3) must describe, 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 ;
(b) the land to which the order applies; 5
(c) the nature of the c o n t a m i n a t i o n ;
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;
(e) the period within which the order must be complied with;
(/) whether any limitations in respect of the use of the land are i m p o s e d ; 10
(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.
(2) Before issuing a remediation order or an a m e n d e d remediation order, the M i n i s t e r
or M E C , as ihe case may be, 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 . 15
(3) T h e Minister or M E C . as the case may be. 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.
Transfer of r e m e d i a t i o n sites
C o n t a m i n a t e d land register
Part 9
Other measures
Recognition programmes
CHAPTER 5
Licensing a u t h o r i t y
C o - 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 . (1) For the purposes of issuing a licence for a waste m a n a g e m e n t activity, 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 - o r d i n a t e or
consolidate the application and d e c i s i o n - 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 40
with the d e c i s i o n - 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, without
whose authorisation or approval or consent the activity may not c o m m e n c e , or be
undertaken or c o n d u c t e d .
(2) If the licensing authority decides to issue a licence it may, for the p u r p o s e s of 45
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). which licence grants approval in t e r m s of this Act and any
other legislation specified in the licence; or
(b) issue the licence as part of a consolidated authorisation consisting of different 50
authorisations issued under different legislation by the persons c o m p e t e n t to
d o so, thai have been consolidated into a single d o c u m e n t in order to ensure
56 No. 32000 GOVERNMENT GAZETTE. 10 MARCH 2009
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.
(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, then the d e c i s i o n - m a k i n g process for issuing thai integrated licence 5
must c o m p l y with both the requirements of this Act and of that other legislation.
(4) An integrated licence m u s t —
(a) specify the statutory provisions in terms of which it has been issued;
(b) identify the authority or authorities that have issued it;
(c) indicate to w h o m applications for any a m e n d m e n t or cancellation of the 10
integrated licence must be m a d e ; and
(d) indicate the appeal procedure to be followed.
(5) An integrated licence may be enforced in terms of this Act and any other Act in
terms of which it has been issued: Provided that a condition of an integrated licence may
only be enforced in terms of the legislation that authorises the imposition of such a 15
condition.
(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, 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. 20
(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.
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 . (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 25
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; 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. 30
(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, together
with any d o c u m e n t a t i o n or information contemplated in subsection (2). information
on—
(a) the types of waste lhat will be incinerated; 35
(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 ; and
(c) alternative environmentally sound m e t h o d s , if any, thai could be used to treat
that waste. 40
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
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
Issuing of w a s t e m a n a g e m e n t licences
5 0 . (1)
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 —
(a)
as specified in terms of section 5 1 ;
(b)
as the licensing authority may determine and specify in the licence; and
(c)
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.
(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.
(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, 1998 (Act N o . 36 of 1998).
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
(e) ihe period for which the licence is issued and period within which any renewal
of the licence must be applied for;
(f) the n a m e of Ihe licensing authority;
(g) the periods at which the licence may be r e v i e w e d , if applicable;
(Ii) the a m o u n t and type of waste that may be generated, handled, p r o c e s s e d , 5
stored, reduced, re-used, recycled, recovered or d i s p o s e d of;
(i) if applicable, the conditions in terms of which salvaging of waste may be
undertaken;
(j) 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 ; and
(k) monitoring, auditing and reporting requirements. 10
(2) A waste m a n a g e m e n t licence m a y —
(a) specify conditions in respect of the reduction, re-use. recycling and recovery
of wasle:
(b) 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; 15
(c) 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;
(d) 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, 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 20
licensing authority;
(e) 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;
(/) 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 25
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;
(g) 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, including 30
a requirement that the licence holder must, on request, 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;
(ii) particulars of any failure to c o m p l y with any of those conditions or 35
requirements;
(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 ; and
(iv) any action taken, or to be taken, to prevent any recurrence of that failure
or to mitigate the effects of that failure; and 40
(//) include any other mailers which are necessary for the protection of the
environment.
Transfer of w a s t e m a n a g e m e n t licences
account all relevant matters, 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.
(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, 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; 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.
(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.
R e v i e w of w a s t e m a n a g e m e n t licences
Variation of w a s t e m a n a g e m e n t licences
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. (1) A waste m a n a g e m e n t licence may. on application by the holder of the licence,
be renewed by a licensing authority.
(2) The holder of a wasle m a n a g e m e n t licence must, before the expiry date of the
licence and within the period specified in the licence, 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.
(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; 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.
(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 must, before deciding the application, 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, interested persons and the public.
(5) Sections 4 7 , 4 8 , 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.
(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, 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 .
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
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. (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.
(2) In considering a request lo surrender a waste m a n a g e m e n t licence, the licensing
authority m a y —
(a) requesl such information as il requires to consider the request; 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.
(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.
W a s t e m a n a g e m e n t control officers
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 . (1) T h e Minister must establish a national waste information system for the
recording, collection, 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 , stored,
transported, treated, transformed, reduced, re-used, recycled, recovered and
d i s p o s e d of; and
(b) a register of—
(i) waste m a n a g e m e n t activities thai have been licensed;
(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); 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 .
(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.
(3) T h e national waste information system may be i m p l e m e n t e d incrementally.
70 No. 32000 GOVERNMENT GAZETTE. 10 MARCH 2009
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
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
Provision o f i n f o r m a t i o n
A c c e s s to i n f o r m a t i o n
CHAPTER 7
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
Waste i m p a c t reports
Offences
Penalties 30
CHAPTER 8
GENERAL MATTERS
Part 1
Regulations
Regulations by M i n i s t e r 5
R e g u l a t i o n s by M E C s
General regulatory p o w e r s
(3) (a) Before publishing any regulation under this Act, or any a m e n d m e n t to the
regulations, the Minister or M E C , as the case may be, must follow a consultative process
in a c c o r d a n c e with sections 7 2 and 7 3 .
(b) Paragraph (a) need not be complied with if the regulations are a m e n d e d in a
non-substantive manner. 5
Part 2
Consultative process
Consultation
Public participation
Part 3
Exemptions and appeals
A p p l i c a t i o n s for e x e m p t i o n
7 4 . (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, w h e r e the M E C is responsible for administering 5
the provision of the Act from which the person or organ of state requires e x e m p t i o n , to
the M E C .
(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; and
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 . (1) The Minister or M E C , as the c a s e m a y be, 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.
(2) If the rights or interests of other parties are likely to be adversely affected by the 15
proposed e x e m p t i o n , the Minister or M E C , as the case may be, must, before d e c i d i n g the
application, request the applicant t o —
(a) bring the application to the attention of relevant organs of state, 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 20
(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 .
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
R e v i e w and transfer of e x e m p t i o n s
(4) Section 52 applies with the c h a n g e s required by the context to the transfer of
exemptions.
Appeals
CHAPTER 9
MISCELLANEOUS
D e l e g a t i o n and a s s i g n m e n t
80. (1) Subject to subsections (2) and (3) and section 8 1 , 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. 40
(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, 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.
(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 45
valid until anything done under this Act overrides it.
(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, by notice in the Gazette, calls upon that person to apply for a waste 50
m a n a g e m e n t licence.
86 No. 32000 GOVERNMENT GAZETTE. 10 MARCH 2009
(5) A n y criminal proceedings instituted under section 19, 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, must be finalised as if those sections had not been repealed.
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
S h o r t title and c o m m e n c e m e n t
SCHEDULE 1
(Section 19)
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. 1998 (Act
No. 107 of 1998)
S t o r a g e a n d transfer of w a s t e 10
R e c y c l i n g and recovery 20
T r e a t m e n t of w a s t e
Disposal of w a s t e o n land
8. The disposal of inert waste, 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, including the construction of a facility and associated structures and 40
infrastructure for such disposal.
2
9. 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
3
2 0 0 m air space, including the construction of a facility and associated structures and
infrastructure for such disposal.
90 No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009
S t o r a g e , 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
CATEGORY B
The activities listed under Category B are equivalent to those that require an 15
environmental impact assessment process stipulated in the environmental impact
assessment regulations made under section 24(5) of the National Environmental
Management Act, 1998 (Act No. 107 of 1998)
T r e a t m e n t of w a s t e
Disposal of w a s t e on land
SCHEDULE 2
(Section 80)
L a w s repealed or a m e n d e d