National Environmental Management Waste Act

58. Waste m a n a g e m e nt control officers licences licences licences licences 59. Criteria for fit and proper persons C H A P T ER 6 W A S TE I N F O R M A T I ON 60. 6 1. 62. 6 3. Establishment of national waste information system Objectives of national waste information system Establishment of provincial waste information s y s t e ms Provision of information 64. A c c e ss to information C H A P T ER 7 C O M P L I A N CE A ND E N F O R C E M E NT 6 5. C o m p l i a n ce powers of Minister of Water Affairs and Forestry 6 6. Waste impact reports 6 7. 6 8. Offences Penalties C H A P T ER 8 G E N E R AL M A T T E RS Part 1 Regulations 69. 70. 7 1. Regulations by Minister Regulations by M E Cs General regulatory p o w e rs 5 10 15 20 25 30 35 40 10 No. 12000 Ac( No. 59, 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 200H Part 2 Consultative process 72. 73. Consultation Public participation Exemptions Part 3 and appeals 74. 7 5. 76. 7 7. Applications for e x e m p t i on Consideration of applications for e x e m p t i on Decisions on applications for e x e m p t i on R e v i ew and transfer of e x e m p t i o ns 7 8. A p p e a ls C H A P T ER 9 M I S C E L L A N E O US 5 10 79. 80. 8 1. 82. 83. 84. 1. 2. Delegation and assignment Repeal and a m e n d m e nt of laws, and savings Transitional provisions in respect of permits issued in terms of E n v i r o n m e nt Conservation Act Transitional provision regarding listed w a s te m a n a g e m e nt activities Act regarded as specific e n v i r o n m e n t al m a n a g e m e nt Act Short title and c o m m e n c e m e nt 15 20 S C H E D U L ES Waste m a n a g e m e nt activities in respect of which a waste m a n a g e m e nt licence is required L a ws repealed or a m e n d ed C H A P T ER 1 25 I N T E R P R E T A T I ON A ND P R I N C I P L ES Definitions

48. W h en c o n s i d e r i ng an application for a wasle m a n a g e m e nt licence, the licensing authority must take into account all relevant matters, i n c l u d i n g— (a) (b) (c) for, and desirability of, the wasle m a n a g e m e nt activity and the need alternatives considered, including similar waste m a n a g e m e nt activities, if any. that have already been licensed; the pollulion caused or likely to be caused by the activity that is the subject of the application, w h e t h er 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, including health, social conditions, e c o n o m ic conditions and cultural heritage; the best practicable e n v i r o n m e n t al o p t i o ns available and alternatives that could be t a k e n— (i) (ii) lo prevent, control, abate or mitigate pollution; and to protect the e n v i r o n m e n t, including health, social conditions, e c o n o m ic conditions and cultural heritage from harm as a result of the u n d e r t a k i ng of the wasle m a n a g e m e nt activity; (d) (e) any increased health and e n v i r o n m e n t al risks that may arise as a result of the location where the waste m a n a g e m e nt activity will be undertaken; any reasons for a decision m a de in terms of regulations issued under section 24 of the National E n v i r o n m e n t al M a n a g e m e nt Act; (f) w h e t h er the applicant is a fit and proper person as c o n t e m p l a t ed in section 5 9; (g) (h) the applicant's s u b m i s s i o n s; any s u b m i s s i o ns received from organs of state, interested persons and the public; and any guidelines application. the licensing authority may wish to issue relevant to the (i) 5 10 15 20 25 30 35 40 45 50 60 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 D e c i s i on of licensing authorities on w a s te m a n a g e m e nt licence a p p l i c a t i o ns 49. (1) T he licensing authority may in respect of an application for a w a s te m a n a g e m e nt l i c e n c e— (a) (bj (c) grant the application; refuse the application; or reject the application where it does not comply with the requirements of this Act. (2) A decision to grant a application for a waste m a n a g e m e nt licence in respect of a waste disposal facility is subject to the c o n c u r r e n ce of the Minister of Water Affairs and Forestry. (3) Any decision by a licensing authority m a n a g e m e nt licence must be consistent w i t h— to grant an application for a waste (a) (b) (c) (d) (e) (/) is the this Act. including any integrated waste m a n a g e m e nt plans prepared in t e r ms of this Act; any applicable national e n v i r o n m e n t al m a n a g e m e nt policies and, w h e re the licensing authority, any applicable provincial e n v i r o n m e n t al M EC m a n a g e m e nt policies; the national e n v i r o n m e n t al m a n a g e m e nt principles set out in section 2 of the National E n v i r o n m e n t al M a n a g e m e nt Act; any applicable industry waste m a n a g e m e nt plan; the objectives of any applicable waste m a n a g e m e nt plan; and any standards or r e q u i r e m e n ts lhat have been set in terms of this Act or the waste m a n a g e m e nt licence. (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 nt licence, it must within 20 d a y s— (a) (/;) (c) notify the applicant of the decision and give written reasons for the d e c i s i o n: if the decision is to grant the application, issue a waste m a n a g e m e nt licence; and in a m a n n er d e t e r m i n ed by the licensing authority, instruct the applicant to notify any persons w ho have objected to the application of the decision and the reasons for the decision. (5) An application which is substantially similar to a p r e v i o us application that has (a) been refused in terms of subsection (\)(b) may only be resubmitted the new application contains new and material submitted to the licensing authority; or a period of three years has elapsed since the application w as lodged. (6) An application which is rejected in terms of subsection (1 )(c) may be a m e n d ed and information not previously if— (b) resubmitted to the licensing authority for reconsideration. Issuing of w a s te m a n a g e m e nt licences 5 0. (1) A waste m a n a g e m e nt licence is subject to such conditions and r e q u i r e m e n t s— (a) (b) (c) as specified in terms of section 5 1; as the licensing authority may determine and specify in the licence; and as the Minister or M EC has prescribed for the waste m a n a g e m e nt activity in question. (2) The licensing authority may issue a single waste m a n a g e m e nt licence w h e re the applicant has applied to undertake more than one waste m a n a g e m e nt activity at the s a me location. (3) The issuing of a waste m a n a g e m e nt 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 es 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 ts of w a s te m a n a g e m e nt licences 5 1. (1) A waste m a n a g e m e nt licence must s p e c i f y— (a) (b) (c) (d) the waste m a n a g e m e nt activity in respect of which it is issued; the p r e m i s es or area of operation w h e re the waste m a n a g e m e nt activity may take place; the person to w h om it is issued; the period from which the waste m a n a g e m e nt activity may c o m m e n c e: 62 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 ihe period for which the licence is issued and period within which any renewal of the licence must be applied for; the n a me of Ihe licensing authority; the periods at which the licence may be r e v i e w e d, if applicable; the a m o u nt and type of waste that may be generated, handled, p r o c e s s e d, stored, reduced, re-used, recycled, recovered or d i s p o s ed of; if applicable, the conditions in terms of which salvaging of waste may be undertaken; any other operating r e q u i r e m e n ts relating to ihe m a n a g e m e nt o f l he w a s t e; and (j) (k) monitoring, auditing and reporting requirements. (2) A waste m a n a g e m e nt licence m a y— specify conditions in respect of the reduction, re-use. recycling and recovery of wasle: specify conditions for the d e c o m m i s s i o n i ng of a waste disposal facility or cessation of the waste m a n a g e m e nt activity; require the holder of a waste m a n a g e m e nt licence to establish c o m m i t t e es for the participation of interested and affected parlies; provide that the licence is subject lo ihe holder of a waste m a n a g e m e nt licence providing an e n v i r o n m e n t al m a n a g e m e nt plan, c o n t e m p l a t ed in section 11 of the the National Environmental M a n a g e m e nt Act, licensing authority; require the holder of a waste m a n a g e m e nt licence to u n d e r t a ke remediation work; specify the financial a r r a n g e m e n ts that the holder of a waste m a n a g e m e nt the licence must m a ke operation of the waste m a n a g e m e nt activity or on d e c o m m i s s i o n i ng of the waste m a n a g e m e nt activity; require the holder of the wasle m a n a g e m e nt licence to c o m p ly with all lawful requirements of an e n v i r o n m e n t al m a n a g e m e nt inspector carrying out his or her duties in terms o f l he National E n v i r o n m e n t al M a n a g e m e nt Act, including 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 ts of the licence have or have not been complied with; the undertaking of remediation work during the satisfaction of for to (ii) particulars of any failure to c o m p ly with any of those conditions or 35 (iii) (iv) r e q u i r e m e n t s; (he reasons for any failure to c o m p ly with any of those conditions or r e q u i r e m e n t s; and any action taken, or to be taken, to prevent any recurrence of that failure or to mitigate the effects of that failure; and include any other mailers which are necessary e n v i r o n m e n t. for the protection of the 40 (e) (f) (g) (Ii) (i) (a) (b) (c) (d) (e) (/) (g) (//) 5 10 15 20 25 30 Transfer of w a s te m a n a g e m e nt licences 5 2. ( I) If o w n e r s h ip of a wasle m a n a g e m e nt activity for which a waste m a n a g e m e nt licence was issued is transferred, the holder may. with the p e r m i s s i on of a licensing authority, transfer the licence to the new o w n er of the waste m a n a g e m e nt activity. 45 (2) A person applying for permission to transfer a waste m a n a g e m e nt licence must lodge the application with the licensing authority. (3) The application must be in the form required by the licensing authority. (4) An application transfer of a waste m a n a g e m e nt the for licence must be a c c o m p a n i ed b y— (a) (b) the prescribed processing fee: and such d o c u m e n t a t i on and information as may be reasonably required by the licensing authority. (5) If the e n v i r o n m e nt or the rights or interests of other parties are likely to be adversely affected, for transfer, request the applicant to conduct a consultation process that m ay be appropriate in the c i r c u m s t a n c es lo bring the application for the transfer of a wasle m a n a g e m e nt licence lo the attention of relevant o r g a ns of state, interested persons and the public. the Minister or M EC must, before d e c i d i ng the application (6) W h en considering an application for the transfer of a waste m a n a g e m e nt licence, into the licensing authority may request any additional information, and must take 50 55 60 64 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 account all relevant matters, including whether the person to w h om the licence is to be transferred is a lit and proper person as c o n t e m p l a t ed 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 nt licence, the licensing a u t h o r i t y— (a) must issue an a m e n d ed licence w h i ch reflects the details of the person to w h om the licence is being transferred; and (b) may make such a m e n d m e n ts to the licence as are necessary to ensure that the purpose of any financial a r r a n g e m e n ts lhat are required in lhat licence are given effect lo. (8) T he transfer of a waste m a n a g e m e nt licence d o es not relieve the holder of the licence from w h om 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 ew of w a s te m a n a g e m e nt licences 5 3. (1) A licensing authority must review a waste m a n a g e m e nt licence at intervals specified in the licence, or when c i r c u m s t a n c es d e m a nd that a review is necessary. (2) T he licensing authority must inform the holder of the waste m a n a g e m e nt licence, in writing, of any proposed review and the reason for such review if the r e v i ew is undertaken at another interval lhan is provided for in a waste m a n a g e m e nt licence. (3) For p u r p o s es of the review, a waste m a n a g e m e nt officer may require the holder of report submit a waste to c o m p i le and licence impact the waste m a n a g e m e nt contemplated in section 66. Variation of w a s te m a n a g e m e nt licences 5 4. (1) A licensing authority may, by written notice to ihe holder of a waste m a n a g e m e nt licence, vary the l i c e n c e— (a) (bj (c) (d) (e) (/) if it is necessary or desirable to prevent pollution; if it is necessary or desirable for the purposes of achieving waste m a n a g e m e nt standards or m i n i m um r e q u i r e m e n t s; if it is necessary or desirable lo a c c o m m o d a te d e m a n ds brought about by impacts on s o c i o - e c o n o m ic c i r c u m s t a n c es and it is in the public interest to meet those d e m a n d s; to m a ke a non-substanlive a m e n d m e n t; at the written request of the holder of the waste m a n a g e m e nt licence: or if it is reviewed in terms of section 5 3. (a) (2) The variation of a wasle m a n a g e m e nt licence includes — the attaching of an additional condition or m a n a g e m e nt licence; the substitution of a condition or r e q u i r e m e n t; the removal of a condition or requirement; or the a m e n d m e nt of a condition or r e q u i r e m e n t. (b) (c) (d) requirement to the waste (3) If a licensing authority receives a request from the holder of a waste m a n a g e m e nt licence in terms of subsection (\)(e), 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 ns of state, 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 al impact regulated by the waste m a n a g e m e nt licence. (4) Steps in terms of subsection (3) must include the publication of a notice in at least the w a s te m a n a g e m e nt activity two n e w s p a p e rs circulating authorised by the waste m a n a g e m e nt licence is or is to be carried out. in which the area in (a) (bj (5) T he notice contemplated in subsection (4) m u s t— describe the nature and p u r p o se of the request; give particulars of the waste m a n a g e m e nt activity, including the place w h e re it is. or is to be. carried out; state a representations on, or objections lo. the requesl may be submitted, and the address or place w h e re representations or objections must be submitted; and contain such other particulars as the licensing authority may require. (6) Sections 4 7. 48 and 49 apply with the c h a n g es required by the context to the reasonable period within which written (d) (c) variation of a wasle m a n a g e m e nt licence. 66 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 R e n e w al of w a s te m a n a g e m e nt licences 55. (1) A waste m a n a g e m e nt 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 nt 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 he area in which the activity is carried out by lodging an application with the licensing authority in the form required by the licensing authority. licence must be the renewal of a waste m a n a g e m e nt (3) An application for a c c o m p a n i ed b y— (a) (b) (he prescribed processing fee; and such d o c u m e n t a t i on and information as may reasonably be required by the licensing authority. (4) If the e n v i r o n m e nt or the rights or interests of other parlies are likely lo be adversely affected, the licensing authority must, before deciding the application, request the the applicant circumstances to bring the application for the renewal of a waste m a n a g e m e nt licence to the attention of relevant organs of state, interested persons and the public. to conduct a consultation process that may be a p p r o p r i a te in (5) Sections 4 7, 4 8, 49 and 51 apply wilh the c h a n g es required by the context to an application for the renewal of a waste m a n a g e m e nt licence. (6) If the holder of a waste m a n a g e m e nt licence d o es not apply for r e n e w al of that licence, the licence holder r e m a i ns liable for taking all m e a s u r es thai are necessary to ensure that the cessation o f l he activity that was authorised by the licence is d o ne 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 on and s u s p e n s i on of w a s te m a n a g e m e nt licences 56. ( I) T he licensing authority may, by written notice to the holder of a waste m a n a g e m e nt licence, r e v o ke 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, or is having, a significant effect on health or the e n v i r o n m e n t. (2) T he licensing authority may not revoke or suspend a waste m a n a g e m e nt licence before it h a s— (a) (b) (c) consulted relevant organs of state; afforded the holder of the wasle m a n a g e m e nt licence an opportunity to m a ke a submission in respect of the intended revocation or s u s p e n s i o n; and in the event that the holder has m a de a submission c o n t e m p l a t ed in p a r a g r a ph (b), the licensing authority has considered that s u b m i s s i o n. (3) Despite subsection (2). if urgent action is necessary for the prolection of the environment, the licensing authority may immediately issue a notice of revocation or suspension and. as soon thereafter as is possible, consult with relevant organs of slate and give the holder of the wasle m a n a g e m e nt licence an opportunity to m a ke a s u b m i s s i o n. S u r r e n d er of w a s te m a n a g e m e nt licences 57. (1) A holder of a waste m a n a g e m e nt 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 nt licence, the licensing authority m a y— (a) (b) requesl such information as il requires to consider the request; and 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 nt before accepting that surrender of the licence. (3) The surrender of a waste m a n a g e m e nt licence does not relieve the holder of the licence of any liabilily lhal the licence holder may have incurred whilst he or she w as the holder of lhat licence. W a s te m a n a g e m e nt control officers 5 8. (1) A wasle m a n a g e m e nt officer may require the holder of a wasle m a n a g e m e nt licence to designate a waste m a n a g e m e nt control officer, having regard to the si/.e and nature of Ihe waste m a n a g e m e nt activity for which the licence was granted. (2) A waste m a n a g e m e nt control officer m u s t— 68 No. 32000 Act No. 59, 200N GOVERNMENT GAZETTE, 10 MARCfl 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 (a) work t o w a r ds the d e v e l o p m e nt and introduction of clean production (b) (c) (d) t e c h n o l o g i es and practices lo achieve waste m i n i m i s a t i o n; identify and submit potential m e a s u r es in respect of waste m i n i m i s a t i o n, including the reduction, recovery, re-use and recycling of wasle lo the wasle m a n a g e m e nt licence holder and the licensing authority; take all reasonable steps lo ensure c o m p l i a n ce by the holder of the w a s le the m a n a g e m e nt provisions of this Act; and p r o m p t ly report any n o n - c o m p l i a n ce wilh any licence conditions or require­ m e n ts or provisions of this Act to the licensing authority through the most effective m e a ns reasonably available. licence wilh ihe licence conditions and r e q u i r e m e n ts and (3) This section does not affect the liability of the holder of a wasle m a n a g e m e nt the c o n d i t i o ns and lo c o m p ly wilh licence holder thai licence or liabilily of ihe r e q u i r e m e n ts of the licence. Criteria for fit a nd p r o p er p e r s o ns 5 9. In order to d e t e r m i ne w h e t h er a person is a tit and proper person for the p u r p o s es of an application in terms of this Chapter, a licensing authority must take into account all relevant facts, including w h e t h e r— (a) (b) (c) (d) (e) this Act. to c o m p ly with the failed thai person has contravened or E n v i r o n m e nt Conservation Act, the National E n v i r o n m e n t al M a n a g e m e nt Act or any other legislation applicable to waste m a n a g e m e n t; thai person has held a waste m a n a g e m e nt licence or other authorisalion that has been s u s p e n d ed or revoked or that person has not complied wilh a material condition of such waste m a n a g e m e nt licence or authorisation: that person is or has been a director or senior m a n a g er of a c o m p a n y, firm or entity to w h om paragraph (a) or (b) applies; that person has ihe ability to comply with this Act and any conditions subject to which the application may be granted: and the m a n a g e m e nt of the waste m a n a g e m e nt activity that is the subject of the application will be in the hands of a technically c o m p e t e nt person. C H A P T ER 6 W A S TE I N F O R M A T I ON E s t a b l i s h m e nt of national w a s te i n f o r m a t i on s y s t e ms 6 0. (1) T he Minister must establish a national waste information system for recording, collection, m a n a g e m e nt and analysis of data and i n c l u d e— information the that must (a) (b) 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 ed of; and a register of— (i) waste m a n a g e m e nt activities thai have been licensed; (ii) the holders of waste m a n a g e m e nt licences authorised to c o m m e n ce the waste m a n a g e m e nt activities recorded in terms of s u b p a r a g r a ph (i); and the locations where the licensed waste m a n a g e m e nt activities are or may be c o n d u c t e d. (iii) (2) The waste information system may include information o n— (a) (b) fc) the levels and extent of wasle m a n a g e m e nt services provided by municipali­ ties: information on c o m p l i a n ce with this Act: and any other administration of this Act. the p u r p o s es of is necessary information that for effective (3) T he national waste information system may be i m p l e m e n t ed incrementally. 70 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 O b j e c t i v es of national w a s te i n f o r m a t i on s y s t em 6 1. The objective of the national waste information system is to — (a) (b) (c) for and for the information information the d e v e l o p m e nt implementation of any store, verify, analyse, evaluate and p r o v i de data and protection of the e n v i r o n m e nt and m a n a g e m e nt of waste; provide integrated waste m a n a g e m e nt plan required in terms of this Act; and provide information to organs of state and the public — (i) (ii) for education, a w a r e n e ss raising, research and d e v e l o p m e nt p u r p o s e s; for minimisation and other initiatives; for obligations to report in terms of any legislation; for public safety m a n a g e m e n t; (iii) (iv) (v) on the status of the generation, collection, reduction, re-use, recycling and recovery, transportation, treatment and disposal of waste; and the impact of waste on health and the e n v i r o n m e n t. regulatory, w a s te prioritisation planning, including (vi) the of E s t a b l i s h m e nt of provincial w a s te i n f o r m a t i on s y s t em 6 2. (1) T he M EC may establish a provincial waste information system. (2) A provincial wasle information system must at least include the information required by the national information system. (3) T he Minister may, by notice in the Gazette, and for the p u r p o s es of ensuring efficient administration, e x e m pt a category of persons w ho must furnish information lo in terms of subsection (1) from the provincial waste information system established furnishing in terms of section 6 0. to the national waste information system established that information 5 10 15 20 (4) If the Minister exercises a p o w er u n d er subsection (3), the M EC is responsible for furnishing lhat information to the Minister, unless otherwise directed by the Minister by notice in the Gazette. 25 Provision of i n f o r m a t i on 6 3. (1) T he Minister may. by notice in the Gazette or in writing, require any p e r s on to provide, within a reasonable information, d o c u m e n t s, s a m p l es or materials to the Minister that are reasonably required for the purposes of the national waste information system established in t e r ms of section 60 or the m a n a g e m e nt of waste. lime or on a regular basis, any dala, (2) The M EC may, by notice in the Gazette or in writing, require any person or organ of state lo provide, within a reasonable time or on a regular basis, any data, information. d o c u m e n t s, samples or materials to the M EC the purposes of a provincial waste information system established in terms of section 62 or the m a n a g e m e nt of waste in the province. that are reasonably required for (3) A notice under subsection ( I) or (2) m ay also indicate the m a n n er in which the information must be furnished and, if required, how the information must be verified. (4) W h e re the Minister or M EC requires a municipality to furnish data, information, d o c u m e n t s, s a m p l es or materials in t e r ms of subsection (1) or (2), the municipality concerned may, by notice in the Gazette or in writing, require any person or organ of stale to provide, within a reasonable time or on a regular basis, such data, information, d o c u m e n t s, samples or materials, and to the municipality terms of subsection (1) or (2). the verification of such that are reasonably its obligations to discharge information, required in 30 35 40 45 A c c e ss to i n f o r m a t i on 6 4. Information contained in the national waste information system or a provincial wasle information system established in terms of section 60 or 6 2. as the case may be, must be m a de available by (he Minister or M E C, subject to the P r o m o t i on of A c c e ss to Information Act. 2 0 00 (Act N o. 2 of 2 0 0 0 ). 50 72 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 C H A P T ER 7 C O M P L I A N CE A ND E N F O R C E M E NT C o m p l i a n ce p o w e rs of M i n i s t er of W a t er Affairs a nd Forestry 6 5. ( I) Despite the p o w e rs conferred on the Minister or M EC by or under this Act. the Minister of Water Affairs and Forestry may exercise any p o w e rs conferred on him or her by section 19, 53 and 155 or the National Water Act, 1998 (Act N o. 36 of 1998). in respect of a person w ho contravenes or fails to c o m p ly with any condition of a w a s te m a n a g e m e nt licence, a remediation order or m e a s u r es specified in terms of section 3 8 ( 3) that may lead to an impact on a water resource. 5 (2) The Minister of Water Affairs and Forestry must exercise the p o w e rs c o n t e m p l a t ed 10 in subsection (1) after consultation with the Minister or M E C. Waste i m p a ct reports 66. ( I) An environmental m a n a g e m e nt inspector appointed in terms of the National Environmental M a n a g e m e nt Act may, in writing, require any person to submit a w a s te impact report in a specified form and within a specified period to the e n v i r o n m e n t al m a n a g e m e nt r e a s o n a b le the environmental m a n a g e m e nt g r o u n ds suspects that such person has on one or more o c c a s i o ns c o n t r a v e n ed or failed lo c o m p ly with this Act or any conditions of a waste m a n a g e m e nt licence or e x e m p t i on and lhat the contravention or failure has had or is likely to have a detrimental effect on health inspector on inspector if the e n v i r o n m e n t, including social conditions, e c o n o m ic c o n d i t i o n s, ecological or conditions or cultural heritage, or has contributed to the degradation of the e n v i r o n m e n t. (2) A waste m a n a g e m e nt officer may, in writing, 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 nt officer if a review of a waste m a n a g e m e nt licence is undertaken in terms of section 5 3. inspector or waste m a n a g e m e nt officer must in a report (3) An e n v i r o n m e n t al m a n a g e m e nt that should be information included stipulate the d o c u m e n t a t i on and submitted in terms of subsection (1) or (2). 15 20 25 (4) Before m a k i ng a request in terms of subsection (1) an e n v i r o n m e n t al m a n a g e m e nt inspector must afford the person to w h om the request is to be m a de an opportunity to show cause why a waste impact report should not be required. 30 (5) A waste m a n a g e m e nt officer may lo be submitted in terms of subsection (1) or (2) must be c o m p i l ed by an independent person. (6) T he costs incurred in c o m p i l i ng a waste impact report, including any costs of an impact report that a waste indicate independent person, are the liability of the person required to submit the report. (7) If the person w ho t e r ms of subsection (1) or (2) fails to submit the report within the specified period, ihe w a s te m a n a g e m e nt officer m a y— lo submit a wasle impact report is required in 35 (a) (b) appoint an independent person to compile the report; and recover the cost of c o m p i l i ng the report from the person required to submit the report. 40 Offences 67. (1) A person c o m m i ts an offence if that p e r s o n— (a) (b) contravenes or fails to comply with a provision of section 15. or (/), 20. 26(1). or any order under section 38(2) or (3) or a notice u n d er section 17(2) or 18(1); contravenes or fails to c o m p ly with a provision of section 2 1. 22( 1), 24, 2 7 ( 2 ), 36(5) o r 4 0( 1); \6(\)(c).(d),(e) 45 74 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 5 (f) (Ii) (c) (g) (d) (e) industry waste m a n a g e m e nt plan when fails lo submit or to prepare an required to do so in terms of section 2 8: contravenes or fails to comply with an industry w a s te m a n a g e m e nt plan; c o n t r a v e n es or fails to comply with a wasle m a n a g e m e nt m e a s u re specified in terms of seclion 14(4) or 33( 1); contravenes or fails to comply with a norm or standard established in terms of this Act; fails to c o n d u ct a site assessment or to submit a site assessment report in terms of section 37(1): c o n t r a v e n es or fails to c o m p ly with a condition or r e q u i r e m e nt of a waste m a n a g e m e nt licence or an integrated licence c o n t e m p l a t ed in section 4 4; fails to submit a waste impact report required in terms of section 66( 1) or (2); contravenes or fails to comply with a condition subject to which e x e m p t i on from a provision of this Act w as granted in terms of section 7(•>(?)(c); k n o w i n g ly supplies false or misleading information in any application m a de in terms of this Act: k n o w i n g ly supplies false or misleading information to a waste m a n a g e m e nt officer or e n v i r o n m e n t al m a n a g e m e nt inspector for the p u r p o se of this Act; fails to provide the information c o n t e m p l a t ed in section 2 9 ( 5) or 63(4). (2) A person w ho is in control of a vehicle, or in a position to control the use of a 20 (i) (j) (/;;) (k) (I) 10 15 vehicle, that is used to transport waste for the purpose of offloading that waste, is guilty of an offence if that p e r s o n— (a) (b) (c) (d) (e) fails to take all reasonable steps lo prevent spillage of w a s te or littering from the vehicle; intentionally or negligently cause spillage or litlering from the vehicle: dispose of waste at a facility which is not authorised to accept such w a s t e; fails to ensure that wasle is disposed of at a facility (hat is authorised to accept such waste; or fails to c o m p ly with any duty set out in section 2 5 ( 4 ). Penalties 6 8. ( I) A person convicted of an offence referred to in seclion 67( I )(a), (g) or (Ii) is liable to a fine not e x c e e d i ng R 10 0 00 0 00 or to i m p r i s o n m e nt for a period not e x c e e d i ng 10 years, or to boih such fine and such i m p r i s o n m e n t, in addition to any other penalty or award the National E n v i r o n m e n t al in M a n a g e m e nt Act. imposed or m a de that may be terms of (2) A person convicted of an offence referred to in section 67(1 )(b), (c), (d), (e). (/),(/). (j), (k) or (I) or section 67(2)(a). (b), (c), (d) or (e) is liable to a fine not e x c e e d i ng R5 0 00 0 00 or to imprisonment for a period not e x c e e d i ng five y e a r s, or to both a fine and such i m p r i s o n m e n t, in addition to any other penalty or award that m ay be i m p o s ed or m a de in terms of the National Environmental M a n a g e m e nt Act. (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 nt for a period not e x c e e d i ng six m o n t hs or to both a fine and such imprisonment. (4) A person w ho is convicted of an offence in terms of this Act and w ho persists afler conviction in the act or omission that constituted the offence c o m m i ts a c o n t i n u i ng offence and is liable on conviction to a fine not e x c e e d i ng R1 0 00 or to i m p r i s o n m e nt for a period not e x c e e d i ng 20 d a y s, or lo both such fine and such i m p r i s o n m e n t, in respect of each day that person persists with thai act or omission. (5) A fine c o n t e m p l a t ed in subsection (1), (2), (3) or (4) must be d e t e r m i n ed with due consideration of— (a) (b) the severily of the offence in terms of its impact or potential impact on health, well-being, safety and the e n v i r o n m e n t; and the m o n e t a ry or other benefits that accrued to the convicted person through the c o m m i s s i on of the offence. 25 30 35 40 45 50 76 No. 32000 GOVERNMENT GAZKTTK. 10 MARCH 2009 Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 C H A P T ER 8 G E N E R AL M A T T E RS Part 1 Regulations Regulations by M i n i s t er 6 9. (1) T he Minister may m a ke regulations r e g a r d i n g— (a) (b) (c) (d) the identification and categorisation of w a s t e; the m a n n er in which particular waste types must be dealt with and m a n a g e d; the manner in which priority waste must be dealt with and m a n a g e d; requirements for monitoring of c o m p l i a n ce with this Act or any licence issued in terms of this Act; (e) waste m a n a g e m e nt planning; (j) (g) m e a s u r es lhat are required for the e n v i r o n m e n t a l ly sound m a n a g e m e nt of the exercise of the duty of care; wasle; requirements in respect of waste m a n a g e m e nt activities; (Ii) (i) m e a s u r es the in respect of that must be taken the adoption of certain manufacturing processes; and the use of alternative materials or products; the restriction of the c o m p o s i t i o n, v o l u me or weighl of p a c k a g i n g; the reduction, re-use, recycling and recovery of p a c k a g i n g; and the use of alternate materials that are less harmful to the e n v i r o n m e n t; implementation of wasle in respect of minimisation, including the separalion of waste at the point of generation and setting of targets or percentage of p r o d u c ts that must be r e c o v e r ed under a re-use, recycling, refundable deposit or take-back p r o g r a m m e; the control of the import or export of w a s t 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, in such m a n n er or in a c c o r d a n ce with such standards or p r o c e d u r es as may be specified; the design, that must be c o m p l i ed with the requirements composition or production of a product or p a c k a g i n g, including r e q u i r e m e n ts in respect of— (i) (ii) (iii) the utilisation of waste by way of recovery, re-use and recycling; the reduction of wasle b y— (i) (ii) the financial a r r a n g e m e n ts of waste minimisation p r o g r a m m e s; the institutional a r r a n g e m e n ts for the administration of waste minimisation p r o g r a m m e s: the control over waste m a n a g e m e nt facilities: labelling requirements in respect of waste m a n a g e m e n t; the location, planning and design of waste m a n a g e m e nt activities; the registration of persons transporting w a s t e; the m a n n er conducted and the person w ho may c o n d u ct such a s s e s s m e n t s; the contents of a site assessment report c o n t e m p l a t ed in section 37, including persons w ho may undertake such site a s s e s s m e n t s; the m a n n er in which an application for a waste m a n a g e m e nt licence must be m a d e, including the persons w ho may m a n a ge such applications; requirements in respect of the funding or insuring of a waste m a n a g e m e nt activity; the nature, to be time period and format of data and submitted in terms of a waste information system established in t e r ms of this Act: the procedure for the institution of a p p e a ls against decisions of officials in the performance of their functions in terms of this Act; the dissemination of information to the public; in t e r ms of section 37 must be in which a site a s s e s s m e nt information type, (j) (k) (I) (m) (n) (o) (p) (q) (r) (s) (t) ( I I) (v) (w) (x) (y) (z) (aa) 5 10 15 20 25 30 35 40 45 50 55 78 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 (bb) incentives and disincentives to e n c o u r a ge a change in b e h a v i o ur t o w a r ds the generation of waste and waste m a n a g e m e nt by ail sectors of society; (cc) matters that must be regulated by a contract between a municipality and any waste m a n a g e m e nt service provider; (dd) any matter that m ay or must be prescribed in terms of this A c t; and (ee) any other administrative or procedural matter that it is necessary for the p r o p er 5 administration and implementation of this Act. (2) A regulation under subsection (1 (j), (k),(l), ( « ) a nd (r) m ay only be m a de after consultation with the Minister of Trade and Industry. (3) A regulation under subsection (\)(o) in respect of financial incentives and disincentives m a de under subsection (\)(bb), may only be m a de wilh the c o n c u r r e n ce of the Minister of F i n a n c e. and (.x), and a regulation 10 (4) A regulation under subsection (I )(cc) m ay only be m a de after consultation with the Minister for Provincial and Local G o v e r n m e n t. (5) A regulation under subsection (\)(u), (v) and (w) may only be m a de after 15 consultation wilh the Minister of Water Affairs and Forestry. (6) Any regulation which pertains to the treatment of waste by m e a ns of incineration must be submitted to the National A s s e m b ly 30 days prior to publication. R e g u l a t i o ns by M E Cs 7 0. (1) T he M EC with the c o n c u r r e n ce of the Minister may m a ke regulations for the province c o n c e r n ed in respect of any matter for which the M EC may or must m a ke regulations in terms of this Act. including any matter referred to in section 69(])(b) to (h), inclusive, (in), (/>), (q), (s) to (w), inclusive, and (y) to (dd), inclusive. 20 (2) A regulation in respect to a matter referred to in seclion 69(\)(cc) may only be m a de after consultation with the Minister for Provincial and Local G o v e r n m e n t. 25 (3) A regulation in respect of a matter referred to in terms of seclion 69( 1) (u), (v) and (w) may only be m a de after consultation with the Minister of Water Affairs and Forestry. General regulatory p o w e rs 7 1. (1) Regulations m a de under this Act m a y— (a) (b) restrict or prohibit any act. either absolutely or conditionally; a p p l y— (i) generally to the Republic or a province, or only in a specified areas or 30 category of areas; or (c) (d) areas or category of areas: (ii) generally to all persons or only to a specified category of persons; differentiate between different— (i) (ii) persons or categories of p e r s o n s; or (iii) r e q u i r e m e n t s, c o de of incorporate by reference any guideline, m i n i m um practice or any national or international standard relating lo waste m a n a g e- ment. types, classes or categories of waste; (2) Regulations m a de u n d er this Act may provide that any person w ho c o n t r a v e n es or fails to c o m p ly with a provision thereof c o m m i ts an offence and is liable on conviction t o— (a) (/;) (c) i m p r i s o n m e nt for a period not exceeding 15 years: an appropriate line; or both a line and i m p r i s o n m e n t. 35 40 45 80 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 (3) (a) Before publishing any regulation under this Act, or any a m e n d m e nt 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 ce with sections 72 and 7 3. (b) Paragraph (a) need not be complied with if the regulations are a m e n d ed in a non-substantive manner. 5 Part 2 Consultative process C o n s u l t a t i on 7 2. (1) Before exercising a p o w er which, in terms of this Act, must be exercised in a c c o r d a n ce with this section and section 7 3, the Minister or M EC must follow such consultative process as may be appropriate in the c i r c u m s t a n c e s. 10 (2) W h en c o n d u c t i ng the consultations c o n t e m p l a t ed in subsection (1), the Minisler m u s t— (a) (b) (c) consult all Cabinel m e m b e rs w h o se areas of responsibility will be affected by the exercise of the p o w e r s; in a c c o r d a n ce with the principles of co-operative g o v e r n a n ce as set out in C h a p t er 3 of the Constitution and subject to the I n t e r g o v e r n m e n t al Relations F r a m e w o rk Act, 2 0 05 (Act N o. 13 of 2 0 0 5 ), consult the M EC responsible for waste m a n a g e m e nt in each province that will be affected by the exercise of the p o w e r; and c o n d u ct a public participation process in a c c o r d a n ce with section 7 3. 15 20 (3) W h en c o n d u c t i ng the consultations c o n t e m p l a t ed in subsection (1), the M EC m u s t— (a) (/;) (c) consult all m e m b e rs of the Executive Council w h o se areas of responsibility will be affected by the exercise of the p o w e r s; in a c c o r d a n ce with the principles of co-operative g o v e r n a n ce as set out in C h a p t er 3 of the Constitution and subject lo the I n t e r g o v e r n m e n t al Relations F r a m e w o rk Act, 2 0 05 (Act No. 13 of 2 0 0 5 ). consult the Minister and all other national organs of slate that will be affected by the exercise of the p o w e r; and c o n d u ct a public participation process in a c c o r d a n ce with section 7 3. 25 30 Public participation 7 3. (1) Before exercising a p o w er lhat. in terms of this Act. must be exercised in a c c o r d a n ce which this section, the Minister or M E C, as the case may be, must give notice of the proposed exercise of the relevant p o w e r— (a) (b) in the Gazette; and in at least one n e w s p a p er distributed nationally or, if the exercise of p o w er will only affect a specific area, in at least one n e w s p a p er dislributed in that area. 35 (2) The notice m u s t— (a) (b) invite m e m b e rs of the public to submit to the M i n i s t er or M E C, as the case may be, within no less lhan 30 days of publication of (he notice in the Gazette, written representations on or objections to the p r o p o s ed exercise of p o w e r; and contain sufficient information representations or objections. to enable m e m b e rs of the public to submit 40 45 (3) T he Minister or M E C. as the case m ay he, may, in appropriate c i r c u m s t a n c e s, allow any interested person or c o m m u n i ty to present oral representations or objections to the Minisler or M E C, or a person designated by the Minister or M E C. (4) T he Minister or M E C, as the case may be, must g i ve due consideration lo all representations or objections received or presented before exercising the relevant power. 50 82 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 Exemptions Part 3 and appeals A p p l i c a t i o ns for e x e m p t i on 7 4. (1) Any person may apply in writing for e x e m p t i on from the application of a provision of this Act to the Minister or, w h e re the M EC 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, to the M E C. 5 (2) An application in terms of subsection (1) must be a c c o m p a n i ed b y— (a) an explanation of the reasons for the application; and (b) any applicable supporting d o c u m e n t s. 10 C o n s i d e r a t i on of a p p l i c a t i o ns for e x e m p t i on 7 5. (1) The Minister or M E C, as the c a se m ay be, may request an applicant contemplated in section 74 to furnish additional information w h e re 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 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 ng the application, request the applicant t o— 15 (a) (b) 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 ng a public participation p r o c e ss indicated by the Minister or M E C: and to submit any c o m m e n ts received from the public following such p r o c e ss to the Minister or M E C. 20 D e c i s i o ns on a p p l i c a t i o ns for e x e m p t i on 76. (1) T he Minister or the M E C. as the case may be, m a y— (a) (b) grant an e x e m p t i on from the application of a provision of this Act: or refuse to grant such e x e m p t i o n. 25 (2) Sections 48 and 49(2) to (6), inclusive, apply with the c h a n g es required by Ihe context to Ihe consideration of applications for e x e m p t i o n s. (3) If an application is granted, the Minister or M EC must issue a written e x e m p t i on notice to the applicant s t a t i n g— (a) (b) (c) (d) the n a m e, address and telephone n u m b er o f l he person to w h om the e x e m p t i on is granted; the provision of this Act from which e x e m p t i on is granted; the conditions subject to which the e x e m p t i on is granted, if (he e x e m p t i on is granted subject to conditions; and the period for which e x e m p t i on is granted, if the e x e m p t i on is granted for a period. (4) T he Minister or the M E C, as the case may be, may by notice in the Gazette e x e m pt 30 35 an organ of state from a provision of this Act if— (a) (b) (c) the provision, but for the definition of " p e r s o n" contained clearly should not apply lo an organ of slate; the e x e m p t i on would not defeat the objects of this Act; and it is in the public interest to grant the e x e m p t i o n. in section (1). 40 R e v i ew and transfer of e x e m p t i o ns 77. ( I) The Minister or M EC m a y— 45 (a) (b) from time lo time review any e x e m p t i on granted in terms of section 7 6; and on good g r o u n ds suspend or w i t h d r aw such e x e m p t i on or a m e nd the e x e m p t i o n, or any part thereof. (2) Before s u s p e n d i n g, w i t h d r a w i ng or a m e n d i ng an e x e m p t i o n, the Minister or M EC must give the person to w h om the e x e m p t i on was granted an opportunity to c o m m e n t. in writing, on the reasons for the suspension, withdrawal or a m e n d m e n t. 50 (3) If an e x e m p t i on has been granted in respect of a waste m a n a g e m e nt activity, or the pari thereof, and o w n e r s h ip of thai wasle m a n a g e m e nt activity e x e m p t i on may, with the permission of the Minister or M E C. be transferred by the holder of the e x e m p t i on to the new o w n er of the waste m a n a g e m e nt activity. is transferred, 55 84 No. 32000 Act No. 59, 2008 GOVERNMENT G A / E T T E. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 (4) Section 52 applies with the c h a n g es required by the context to the transfer of e x e m p t i o n s. A p p e a ls 78. (1) An appeal under section 43 of the National E n v i r o n m e n t al M a n a g e m e nt Act in respect of a decision m a de under a p o w er delegated by the Minister or M EC in t e r ms of this Act or another specific e n v i r o n m e n t al m a n a g e m e nt Act where the Minister or M EC is responsible for c o n s i d e r i ng the appeal, may be considered jointly with any other appeal involving a related matter. 5 (2) W h e re the Minister or M EC exercises his or her discretion to c o n s i d er a p p e a ls jointly under subsection ( I ). the Minister or M EC may indicate the process that must be followed to give effect to that decision. 10 C H A P T ER 9 M I S C E L L A N E O US D e l e g a t i on and a s s i g n m e nt 7 9. (1) T he Minister or M E C, respectively, may delegate or assign to an official in their respective d e p a r t m e n ts any p o w er or duty conferred on the Minister or M E C. by or under this Act, e x c e p t— 15 (a) (b) the p o w er conferred on the Minister or M E C, respectively, by section 7(2) or (3), 8(1), 14, 18, 19, 2 8, 69 or 7 0; or the duty imposed on the Minister by section 6 or 7(1). 20 (2) T he Minister or M EC must regularly review and, if necessary, a m e nd or w i t h d r aw a delegation or assignment under subsection (1). (3) A delegation or assignment to an official under subsection ( I )— (a) is subject to such limitations and conditions as the Minister or M EC may i m p o s e; 25 (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; (cj may authorise that official lo subdelegate or further assign, in writing, the in the D e p a r t m e n t, or lo the holder of a p o w er or duty to another official specific post in the D e p a r t m e n t; does not prevent the exercise of that p o w er or the p e r f o r m a n ce of that duty by the Minister or M E C; and does not divest the Minister or M EC of the responsibility c o n c e r n i ng exercise of the delegated p o w er or the performance of (he a s s i g n ed duty. the (d) (e) 30 (4) T he Minister or M EC may confirm, vary or revoke any decision taken by an official as a result of a delegation or subdelegalion under this section, subject to any rights that may have b e c o me vested as a c o n s e q u e n ce of that decision. 35 Repeal and a m e n d m e nt of l a w s, and s a v i n gs 80. (1) Subject to subsections (2) and (3) and section 8 1, the laws set out in S c h e d u le 2 are hereby repealed or a m e n d ed to (he extent set out in the third c o l u mn thereof. 40 (2) Any regulation or direction m a de in terms of a provision of the E n v i r o n m e nt Conservation Act repealed by section (1) and in force immediately before the date of the c o m i ng into effect of this Act, r e m a i ns in force and is considered to have been m a de under this Act until anything done under this Act overrides it. (3) A n y t h i ng lawfully d o ne under a provision repealed by subsection (1) r e m a i ns 45 valid until anything done under this Act overrides it. (4) A person operating a waste disposal facility that w as established before the c o m i ng into effect of the E n v i r o n m e nt Conservation Act and that is operational on the date of the c o m i ng into effect of this Act may continue to operate the facility until such lime as the Minister, by notice for a waste m a n a g e m e nt licence. that person the Gazette, calls upon to apply in 50 86 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 (5) A ny criminal proceedings the E n v i r o n m e nt Conservation Act that have not been finalised on the date of c o m i ng into effect of this Act, must be finalised as if those sections had not been repealed. instituted under section 19, I9A or 20(1) of Transitional p r o v i s i o ns C o n s e r v a t i on A ct in respect of p e r m i ts issued in t e r ms of E n v i r o n m e nt 8 1. (1) Despite the repeal of section 20 of the E n v i r o n m e nt C o n s e r v a t i on Act by this Act, a permit issued in terms of that section remains valid subject to s u b s e c t i o ns (2) and (3). (2) T he holder of a permit the E n v i r o n m e nt Conservation Act must apply for a waste m a n a g e m e nt licence in terms of this Act, when required lo do so by the licensing authority, in writing, and within the period stipulated by the licensing authority. in terms of section 20 of issued (3) A permit issued in terms of section 20 of the E n v i r o n m e nt C o n s e r v a t i on Act l a p s e s— (a) (b) (<•) if a waste m a n a g e m e nt licence is issued in t e r ms of this Act to the s a me person in respect of the s a me waste m a n a g e m e nt activity; if the holder of the permit did not apply, within the stipulated period, for a waste m a n a g e m e nt licence within the period c o n t e m p l a t ed in subsection (2); or if the licensing authority refuses an application c o n t e m p l a t ed in subsection (2). (4) If a permit issued in terms of section 20 of the E n v i r o n m e nt C o n s e r v a t i on Act lapses as c o n t e m p l a t ed in subsection (3)(b) or (c), the permit holder r e m a i ns liable for taking all m e a s u r es that are necessary to ensure that the cessation of the activity is d o ne in a m a n n er that does not result in harm to health or the e n v i r o n m e n t. 5 10 15 20 25 (5) During the period for which a permit the E n v i r o n m e nt Conservation Act continues to be valid, the provisions of this Act apply in respect of the holder of such a permit, as if that person were the holder of a waste m a n a g e m e nt licence issued in terms of this Act. in terms of section 20 of issued (6) Despite the repeal of section 20 of the E n v i r o n m e nt C o n s e r v a t i on Act by this Act. an application for a permit m a de in terms of section 20 of the E n v i r o n m e nt C o n s e r v a t i on Act that w as not decided when section 81 of this Act look effect, 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 nt licence in terms of this Act. 30 Transitional p r o v i s i on r e g a r d i ng listed w a s te m a n a g e m e nt activities 35 8 2. A person w ho c o n d u c ts a waste m a n a g e m e nt activity listed in S c h e d u le 1 on the lawfully date of c o m i ng into effect of this Act, and w ho immediately before that date conducted that waste m a n a g e m e nt activity under G o v e r n m e nt Notice N o. 91 of I February 2 0 0 2. 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 te m a n a g e m e nt licence under this Act. 40 A ct r e g a r d ed as specific e n v i r o n m e n t al m a n a g e m e nt A ct 8 3. This Act must be regarded as a specific environmental m a n a g e m e nt Act for the purposes of the definition of "specific e n v i r o n m e n t al m a n a g e m e nt A c t" contained in section I of the National Environmental M a n a g e m e nt Act. 45 S h o rt title and c o m m e n c e m e nt 8 4. (1) This Act is called the National Environmental M a n a g e m e n t: Waste Act, 2 0 0 8, and takes effect on a date d e t e r m i n ed by the Minisler by p r o c l a m a t i on in the Gazette. (2) Different dales may be so determined fordilferent provisions of this Act. 88 No. 32000 GOVERNMENT GAZETTE. 10 MARCH 2009 Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 S C H E D U LE 1 (Section 19) W a s te m a n a g e m e nt activities in respect of w h i ch a w a s te m a n a g e m e nt licence is required C A T E G O RY A 5 listed under Category A are equivalent The activities assessment made under section 24(5) of the National Environmental Management to those impact assessment that require a basic regulations (Act process as stipulated in the environmental Act. 1998 S t o r a ge a nd transfer of w a s te No. 107 of 1998)

1. In this Act, unless the context indicates o t h e r w i s e— the e x p o s u re of the m a x i m um " a c c e p t a b le e x p o s u r e" m e a ns permissible concentration of a substance to the e n v i r o n m e nt that will have a minimal negative effect on health or the e n v i r o n m e n t; to in S c h e d u le 1, "associated s t r u c t u r es a nd i n f r a s t r u c t u r e ", when referred m e a ns any building or infrastructure that is necessary for the functioning of a facility or waste m a n a g e m e nt activity or that is used for an ancillary service or use from the facility; the "best practicable e n v i r o n m e n t al o p t i o n" m e a ns the option that provides most benefit or causes the least d a m a ge to the e n v i r o n m e nt 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 ng and d e m o l i t i on w a s t e" m e a ns waste, excluding h a z a r d o us waste, produced during the construction, alteration, repair or demolition of any structure, and includes rubble, earth, rock and w o od displaced during that construction, alteration, repair or demolition; for c o m m e r c i a l, " b u s i n e ss w a s t e" m e a ns waste that e m a n a t es from p r e m i s es that are used wholly or mainly retail, w h o l e s a l e, entertainment or g o v e r n m e nt administration purposes; " b y - p r o d u c t" m e a ns a substance that is p r o d u c ed as part of a process that is primarily the characteristics of an equivalent virgin product or material; " c l e an p r o d u c t i o n" m e a ns the c o n t i n u o us application of integrated preventative environmental strategies to processes, products and services to increase overall efficiency and to reduce the impact of such processes, p r o c e d u r es and services on health and the e n v i r o n m e n t; to produce another substance or product and intended that has 30 35 40 45 50 No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009 Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 in relation treatment, waste " c o m m e n c e" m e a ns 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 nt activity, but does not include any activity required for investigation or feasibility study p u r p o s es as long as such investigation or feasibility study d o es not constitute a waste m a n a g e m e nt activity: " C o n s t i t u t i o n" m e a ns the Constitution of the Republic of South Africa, 1996; " c o n t a i n e r" m e a ns a disposable or re-usable vessel in which waste is placed for the p u r p o s es 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 er 4, m e a ns 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 sm a b o ve 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 sm directly or indirectly affects or may affect the quality of soil or the e n v i r o n m e nt adversely; " d e c o m m i s s i o n i n g ", transfer or waste to waste disposal facilities, m e a ns the planning for and m a n a g e m e nt and remediation of the closure of a facility that is in operation or that no longer o p e r a t e s; " D e p a r t m e n t" m e a ns ihe Department of E n v i r o n m e n t al Affairs and T o u r i s m; " d i s p o s a l" m e a ns 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 ic w a s t e" m e a ns waste, excluding hazardous waste, that e m a n a t es 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 ng assigned E n v i r o n m e n t al M a n a g e m e nt Act; " E n v i r o n m e nt C o n s e r v a t i on A c t" m e a ns the E n v i r o n m e nt C o n s e r v a t i on Act, 1989 (Act No, 73 of 1989); " e n v i r o n m e n t a l ly s o u nd m a n a g e m e n t" m e a ns the taking of all practicable steps to ensure that waste is managed the e n v i r o n m e n t; " e x p o r t" m e a ns to take or send waste from the Republic to a n o t h er country or territory; " e x t e n d ed p r o d u c er responsibility m e a s u r e s" m e a ns m e a s u r es 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 er 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) a r r a n g e m e n ts for any fund that has been established to p r o m o te the in a m a n n er that will protect health and financial reduction, re-use. recycling and recovery of waste; the public of inform a w a r e n e ss p r o g r a m m es e m a n a t i ng from the product on health and the e n v i r o n m e n t: and any other m e a s u r es to reduce the potential impact of the product on health and the e n v i r o n m e n t; to it in section 1 of" the National impacts of w a s te (c) id) the to and the Minister, m e a ns the Government Gazette; the M E C, m e a ns the Provincial Gazette of the province c o n c e r n e d; "Gazette", when used in relation t o— (a) (b) "general w a s t e" m e a ns waste that does not pose an i m m e d i a te 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) (b) (c) (d) " h a z a r d o us w a s t e" m e a ns any waste that contains organic or inorganic e l e m e n ts or c o m p o u n ds that may, o w i ng to the inherent physical, c h e m i c al or toxicological d o m e s t ic wasie; building and demolition waste; business waste: and inert w a s t e; 14 No. 32000 Act No. 59, 2008 GOVERNMENT G A / K T T E. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 impact on health and that waste, have a detrimental characteristics of e n v i r o n m e n t; "high-risk a c t i v i t y" m e a ns an undertaking, substances that present a likelihood of harm to health or the e n v i r o n m e n t; " h o l d er of w a s t e" m e a ns any person w ho imports, generates, stores, a c c u m u l a t e s, transports, processes, treats, or exports waste or disposes of w a s t e; " i m p o r t" m e a ns any entry into the Republic other than entry for transit; " i n c i n e r a t i o n" m e a ns any m e t h o d, technique or process to convert waste to Hue gases and residues by m e a ns of oxidation; including processes involving the to in section 43 and that is 25 to in Part 7 of includes c o m m e r c i al activities, c o m m e r c i al agricultural activities, " i n d u s t r y" mining activities and the operation of p o w er stations; " i n d u s t ry w a s te m a n a g e m e nt p l a n" m e a ns a plan referred Chapter 4; "inert w a s t e" m e a ns waste t h a t— (a) does not undergo any significant physical, c h e m i c al or biological t r a n s l b r m a- lion after disposal; does not burn, react physically or chemically b i o d e g r a de or o t h e r w i se adversely affect any olher matter or environment with which it may c o me into contact; and does not content and because the toxicity of its leachate is insignilicant; the e n v i r o n m e n t, because of its pollutant impact negatively on (b) (c) the M e m b er of the Executive Council of a p r o v i n ce w ho " i n t e g r a t ed w a s te m a n a g e m e nt p l a n" m e a ns a plan prepared in terms of section 12; "investigation a r e a" m e a ns an area identified as such in terms of section 3 7; "licensing a u t h o r i t y" m e a ns an authority referred responsible for i m p l e m e n t i ng the licensing system provided for in C h a p t er 5; "life cycle a s s e s s m e n t" m e a ns a process where the potential e n v i r o n m e n t al effects or impacts of a product or service throughout the life of that product or service is being evaluated; " M E C" m e a ns responsible for waste m a n a g e m e nt in the province; " m i n i m i s a t i o n ", when used in relation to waste, m e a ns the a v o i d a n ce of the amount and toxicity of waste that is generated and. in the event w h e re waste is generated, the reduction of the amount and toxicity of waste that is disposed of; " M i n i s t e r" m e a ns the Minister of E n v i r o n m e n t al Affairs and T o u r i s m; " m u n i c i p a l i t y" m e a ns a municipality established in terms of the Local G o v e r n­ ment: Municipal Structures Act, 1998 (Act N o. 117 of 1998): " M u n i c i p al S y s t e ms A c t" m e a ns the Local G o v e r n m e n t: M u n i c i p al S y s t e ms Act, 2 0 00 (Act N o. .32 of 2000); " N a t i o n al E n v i r o n m e n t al M a n a g e m e nt A c t" m e a ns the National E n v i r o n m e n- tal M a n a g e m e nt Act, 1998 (Act No. 107 of 1998); " n o n - s u b s t a n t i v e ", in relation to the a m e n d m e nt or substitution of a regulation, notice, strategy, licence, approval, or provision thereof, i n c l u d e s— (a) (b) (c) any clerical mistake, unintentional error or omission; the correction of any miscalculated figure; and the correction of any incorrect description of any person, thing, property or waste m a n a g e m e nt activity; is the m e a n i ng assigned " o r g an of s t a t e" has the m e a n i ng assigned to it in section 2 39 of the C o n s t i t u t i o n; " p e r s o n" has the m e a n i ng assigned to it in the Interpretation Act, 1957 (Act N o. 33 of 1957), and includes an organ of state; " p o l l u t i o n" has Environmental M a n a g e m e nt Act; " p r e s c r i b e" m e a ns prescribe by regulation u n d er this Act; "priority w a s t e" m e a ns a waste declared to be a priority waste section 14; " r e c o v e r y" m e a ns the controlled extraction of a material or the retrieval of energy from waste to produce a product: in terms of the National in section I of to it 5 10 15 20 30 35 40 45 50 55 16 No. 32000 Acl No. 59, 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 to to 20 " I of the National Environmental M a n a g e m e nt Act; " r e c y c l e" m e a ns 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 ns to utilise articles from the waste stream again for a similar or diflereni purpose without c h a n g i ng the form or properties of the articles; "specific e n v i r o n m e n t al m a n a g e m e nt A c t" has the m e a n i ng assigned to it in section " s t o r a g e" m e a ns the a c c u m u l a t i on of waste in a m a n n er that does not constitute treatment or disposal of that waste; " s u s t a i n a b le d e v e l o p m e n t" has the m e a n i ng assigned to it in section I of ihe National E n v i r o n m e n t al M a n a g e m e nt Act; "this A c t" i n c l u d e s— (a) (b) any regulations m a de in terms of this Act; any notice or other subordinate legislation issued or m a de in t e r ms of this Act: and any regulation or direction that remains in force in terms of section 8 1; (c) " t r a n s i t" m e a ns the c o n t i n u o us passage from one border of the Republic another such border without storage other than temporary storage incidental transport; " t r e a t m e n t" m e a ns any method, technique or process that is designed t o— (a) c h a n ge the physical, biological or c h e m i c al character or c o m p o s i t i on 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 nt of a waste; or destroy or reduce the toxicity of a waste, (c) in order to m i n i m i se the impact of the waste on the e n v i r o n m e nt prior to further use or disposal: " w a s t e" m e a ns 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 ed or disposed of; (b) which the generator has no further use of for (he purposes of production; (c) (d) and includes waste generated by the mining, medical or other sector, b u t— (i) (ii) a by-product is not considered waste; and any portion of waste, once re-used, recycled and recovered, ceases to be waste; that must be treated or disposed of; or that is identified as a waste by the Minister by notice in the Gazette, (/;) listed in Schedule 1 or " w a s te disposal facility" m e a ns any site or premise used for the a c c u m u l a t i on 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 te m a n a g e m e nt a c t i v i t y" m e a ns any activity published by notice in the Gazette under section 19, and i n c l u d e s— (a) (b) Ihe importation and exportation of w a s t e; the generation of waste, including the undertaking of any activity or process that is likely to result in the generation of waste: the accumulation and storage of w a s t e; the collection and handling of waste; the reduction, re-use, recycling and recovery of waste; the trading in waste; the transportation of waste; the transfer of waste; the treatment of w a s t e; and the disposal of waste; (c) (d) <e) (f) ([>) (Ii) (i) (j) " w a s te m a n a g e m e nt control officer" m e a ns a waste m a n a g e m e nt control officer designated under section 58(1); " w a s te m a n a g e m e nt l i c e n c e" m e a ns a licence issued in terms of section 4 9; 5 10 15 25 30 35 40 45 50 55 18 No. 32000 Act No. 59, 2008 GOVKRNMKNT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 " w a s te m a n a g e m e nt officer" m e a ns a waste m a n a g e m e nt officer designated in t e r ms of section 10; " w a s te m a n a g e m e nt s e r v i c e s" m e a ns waste collection, treatment, recycling and disposal services; " w a s te m i n i m i s a t i on p r o g r a m m e" m e a ns a p r o g r a m me p r o m o te ihe reduced generation and disposal of waste; " w a s te transfer facility" m e a ns a facility to a c c u m u l a te and temporarily store waste before it is transported to a recycling, treatment or waste disposal facility; " w a s te t r e a t m e nt facility" m e a ns any site that is used to a c c u m u l a te waste for the purpose of storage, recovery, treatment, reprocessing, recycling or sorting of that waste. is intended is used that that to O b j e c ts of Act

1. T he temporary storage of general waste at a facility, including a wasle transfer facility and container yard, that has the capacity to receive in excess of 30 t o n n es of general wasle per day or that has a throughput capacity in excess of 2 0 m3 per day, including the construction of a facility and associated structures and infrastructure for such storage.

2. T he temporary storage of h a z a r d o us waste at a facility, including a waste transfer facility and container yard, that has the capacity to receive in excess of three tonnes of h a z a r d o us waste per day. the construction of a facility and associated structures and infrastructure for such storage. including R e c y c l i ng and recovery 10 15 20

3. T he sorting and shredding of general w a s le at a facility that has the capacity to receive in excess of one ton of general waste per day, including the construction of a facility and associated structures and infrastructure for such sorting or shredding.

4. T he recovery of waste, excluding recovery thai lakes place as an integral part of an internal manufacturing process, at a facility that has the capacity to receive in e x c e ss of three tonnes of general waste or 100 kilograms of h a z a r d o us waste per day. including the construction of a facility and associated structures and infrastructure for such recovery. 25 T r e a t m e nt of w a s te

5. The biological, physical or p h y s i c o c h e m i c al treatment of general wasle or the autoclaving, drying or m i c r o w a v i ng of general waste at a facility that has the capacity lo receive in excess of 10 tonnes of general waste per day. including the construction of a facility and associated structures and infrastructure for such treatment.

6. T he biological or p h y s i c o c h e m i c al the autoclaving, drying or m i c r o w a v i ng of h a z a r d o us waste, including the construction of a facility and associated structures and infrastructure for such treatment. treatment of h a z a r d o us waste or 30 35

7. T he treatment of wasle in sludge lagoons. Disposal of w a s te on land

8. The disposal of inert waste, excluding the disposal of less than 25 tonnes of inert waste for the p u r p o s es of levelling and building that has been authorised by or under the construction of a facility and associated structures and legislation, infrastructure for such disposal. including 40

9. T he disposal of general waste to land c o v e r i ng an area of less than 100 m2 or 2 00 m3 air space, including the construction of a facility and associated structures and infrastructure for such disposal. 90 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 S t o r a g e, t r e a t m e nt a nd p r o c e s s i ng of a n i m al w a s te

10. The storage, treatment or p r o c e s s i ng of animal m a n u r e, including the c o m p o s t i ng of animal m a n u r e, at a facility that has a throughput capacity in excess of 10 t o n n es per month, including the construction of a facility and associated structures and infrastruc­ ture for such storage, treatment or processing. 5

11. T he processing of waste at hiogas installations with a capacity for receiving live tonnes or more per day of animal waste, animal m a n u r e, abattoir waste or vegetable waste, including the construction of a facility and associated structures and infrastruc­ ture for such processing animal m a n u re and abattoir wasle. E x p a n s i on or d e c o m m i s s i o n i ng of facilities a nd associated s t r u c t u r es a nd infra- structure 10

12. The expansion or d e c o m m i s s i o n i ng of facilities and associated structures and infrastructure for activities listed in this Schedule. C A T E G O RY B The activities environmental assessment listed impact regulations under Category assessment made under process B are equivalent stipulated 24(5) Act, 1998 (Act No. 107 of 1998) in the National section those to the environmental that of require an impact Environmental 15 Management T r e a t m e nt of w a s te

1. T he treatment of general waste by a method other than biological, physical or p h y s i c o c h e m i c al treatment at a facility with the capacity to receive in e x c e ss of 10 tonnes of general waste per day, including the construction of a facility and associated structures and infrastructure for such treatment. 20

2. The treatment of h a z a r d o us waste by a m e t h od other than biological or the construction of a facility and associated 25 p h y s i c o c h e m i c al treatment, structures and infrastructure for such treatment. including

3. T he incineration of waste, including the construction of a facility and associated structures and infrastructure for the incineration of waste. Disposal of w a s te on land

4. T he disposal of h a z a r d o us waste to land, including the construction of a facility and 30 associated structures and infrastructure for such disposal.

5. The disposal of general waste to land c o v e r i ng an area of more than 100 nr or 200 i n' of air space, including the construction of a facility and associated structures and infraslructure for such disposal. 92 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 S C H E D U LE 2 (Section 80) L a ws repealed or a m e n d ed N o. a nd y e ar of L aw S h o rt title E x t e nt of r e p e al or a m e n d m e nt Act N o. 7,3 of 1989 E n v i r o n m e nt C o n s e r­ vation Act, 1989

1. T he a m e n d m e nt of seclion 1 by the d e l e­ tion of the definitions of " d i s p o s al s i t e" and " w a s t e ".

2. T he repeal of s e c t i o ns 19, 19A. 20, 2 4. 2 4 A, 2 4B and 2 4 C. .3. T he a m e n d m e nt of section 2 9— (a) by the substitution for s u b s e c t i on (.3) of the following s u b s e c t i o n: 10 " ( 3) A ny p e r s on w ho [ c o n t r a v e n es a p r o v i s i on of s e c t i on 19 or 1 9A or fails to c o m p ly t h e r e w i t h, o r] fails to c o m­ ply wilh a direction in t e r ms of section 31 A( 1) or (2), or p r e v e n ts a ny p e r s on a u t h o r i z ed in t e r ms of section 4 1A to e n t er u p on such land or h i n d e rs him or her in the e x e c u t i on of his or her p o w­ e r s, shall be guilty of an offence and liable on c o n v i c t i on lo a line, or to i m­ p r i s o n m e nt for a p e r i od not e x c e e d i ng three m o n t h s . ": and (b) by the substitution for s u b s e c t i on (4) of the f o l l o w i ng s u b s e c t i o n: " ( 4) A ny p e r s on w ho c o n t r a v e n es a p r o v i s i on of section | 2 0 ( 1 ), 2 0 ( 9 ) ,| 22( 1) or 2 3 ( 2) [ or a d i r e c t i on i s s u ed u n d er s e c t i on 20(8)1 °r fails to c o m p ly with [a c o n d i t i on of a p e r m i t, p e r m i s s i on o r| an a u t h o r i z a t i on [or d i r e c t i o n] i s s u ed [or g r a n t e d) u n d er the said p r o v i s i o ns shall be guilty of an offence and liable on c o n v i c t i on to a fine not e x c e e d i ng R1 00 0 00 or to i m p r i s o n m e nt for a p e­ riod not e x c e e d i ng 10 y e a rs or lo b o th such line a nd s u ch i m p r i s o n m e n t, a nd to a line not e x c e e d i ng three t i m es the c o m m e r c i al v a l ue of a ny t h i ng in respect of w h i ch ihe offence w as c o m m i t t e d . ". Act N o. 79 of 1992 E n v i r o n m e nt C o n s e r­ vation A m e n d m e nt Act. 1992 T he repeal of s e c t i o ns 8 and 9. G o v e r n m e nt N o t i ce No. 1986, 1 A u g u st 1990 G o v e r n m e nt N o t i ce N o. 2 9 2, 28 F e b r u­ ary 200.3 T he repeal of the w h o l e. T he repeal of the w h o l e.

2. T he objects of (his Act a r e— (a) (b) (c) (d) to protect health, well-being and the e n v i r o n m e nt by providing reasonable m e a s u r es for— (i) m i n i m i s i ng the c o n s u m p t i on of natural resources; avoiding and minimising the generation of waste; (ii) reducing, re-using, recycling and recovering waste; (iii) (iv) treating and safely disposing of waste as a last resort; (v) preventing pollution and ecological degradation; (vi) securing ecologically sustainable d e v e l o p m e nt while p r o m o t i ng justifi­ able e c o n o m ic and social d e v e l o p m e n t; land where contamination presents, or m ay present, a 25 (vii) p r o m o t i ng and ensuring the effective delivery of waste services; (viii) remediating 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 nt reporting and p l a n n i n g; to ensure well-being and the e n v i r o n m e n t; to provide for c o m p l i a n ce with the m e a s u r es set out in paragraph (a)\ and generally, to give efleet to section 24 of the Constitution in order to secure an e n v i r o n m e nt that is not harmful to health and well-being. that people are aware of the impact of waste on their health, G e n e r al d u ty of State

3. In fulfilling the rights contained in section 24 of the Constitution, the State, through the o r g a ns of state responsible for i m p l e m e n t i ng this Act, must put in place uniform measures that seek to reduce the amount of waste that is generated and, w h e re 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 ly sound m a n n er before being safely treated and disposed of. A p p l i c a t i on of A ct 4. (1) T h is Act d o es not apply t o— (a) (b) (c) (d) radioactive waste that is regulated by the H a z a r d o us S u b s t a n c es Act. 1973 (Act N o. 15 of 1973). the National N u c l e ar Regulator Act, 1999 (Act N o. 47 of 1999), and the Nuclear Energy Act, 1999 (Act N o. 46 of 1999); residue deposits and residue stockpiles that are regulated under the Mineral and Petroleum R e s o u r c es D e v e l o p m e nt Act, 2 0 02 (Act N o. 28 of 2 0 0 2 ); the disposal of explosives that is regulated by the E x p l o s i v es Act, 2 0 03 (Act No. 15 of 2 0 0 3 ); or the disposal of animal carcasses that is regulated by the A n i m al Health Act. 2002 (Act No. 7 of 2002). 5 10 15 20 30 35 40 45 20 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 (2) T h is Act binds all organs of state. A p p l i c a t i on of N a t i o n al E n v i r o n m e n t al M a n a g e m e nt A ct 5. (1) This Act must be read with the National Environmental M a n a g e m e nt Act, unless the context of this Act indicates that the National E n v i r o n m e n t al M a n a g e m e nt Act does not apply. 5 (2) T he interpretation and application of this Act must be guided by the national environmental m a n a g e m e nt 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 nt Act. C H A P T ER 2 N A T I O N AL W A S TE M A N A G E M E NT S T R A T E G Y, N O R MS A ND S T A N D A R DS 10 Part 1 National waste management strategy E s t a b l i s h m e nt of national w a s te m a n a g e m e nt strategy 6. (1) T he Minister must, within two years of the date on which this section lakes 15 effect, by notice in the Gazette achieving the objects of this Act. which must i n c l u d e— establish a national waste m a n a g e m e nt strategy for (a) objectives, plans, guidelines, s y s t e ms and procedures relating to the protec­ tion of the e n v i r o n m e nt and the generation (including the a v o i d a n ce and minimisation of such generation), re-use, recycling, recovery, treatment, disposal, use. control and m a n a g e m e nt 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 obligations in terms of relevant international a g r e e m e n t s; practical m e a s u r es for achieving co-operative g o v e r n a n ce in waste m a n a g e- menl matters; to the R e p u b l i c 's (c) (cl) guidance on raising awareness regarding the impact of waste on health and the 20 25 (e) (/) environment; approaches for securing c o m p l i a n ce with including the monitoring of c o m p l i a n c e; and any other matter objects of this Act. that the Minister considers necessary for achieving 30 the the requirements of this Act, (2) The national waste m a n a g e m e nt strategy may include targets for waste reduction. (3) The national waste m a n a g e m e nt 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 the extent applicable: and 35 (b) may, subject to section 3 of the Intergovernmental Fiscal Relations Act, 1997 the responsibilities for (Act No. 97 of 1997). allocate and delineate implementation of this Act a m o n g s t— (i) (ii) different organs of state. the dilferent spheres of g o v e r n m e n t; and (4) An organ of state must give effect to the national waste m a n a g e m e nt strategy w h en legislation exercising a p o w er or performing a duty in terms of this Act or any other regulating waste m a n a g e m e n t. (5) T he national waste m a n a g e m e nt s t r a t e g y— (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 re than live years. (6) Before publishing the national strategy, or any a m e n d m e nt to the strategy, the Minister must follow a consultative process in accordance with sections 72 and 7 3. 40 45 50 No. 32000 GOVERNMENT GAZETTE, 10 MARCH 2009 Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 (7) Subsection (6) need not be complied with if the strategy is a m e n d ed in a non-substantive manner. National norms and standards, provincial norms and standards and waste service standards 5 Part 2 National n o r ms and s t a n d a r ds 7. (1) T he Minister must, by notice in the Gazette, set national norms and standards for t h e— (a) (b) (c) classification of waste: planning for and provision of waste m a n a g e m e nt services: and storage, treatment and disposal of waste, including the p l a n n i ng and operation of waste treatment and waste disposal facilities. (2) The Minister may, by notice in the Gazette, set national n o r ms and standards for— the including (a) (b) (c) (d) the minimisation, re-use, recycling and recovery of waste, separation of waste at the point of generation: extended producer responsibility; the regionalisation of waste m a n a g e m e nt services; and the remediation of contaminated land and soil quality. (3) T he Minister with the c o n c u r r e n ce of the Minister of F i n a n ce may, by notice in the in respect of tariffs for waste services provided by set national standards Gazette, municipalities. (4) The n o r ms and standards contemplated in subsection (1) m a y— differentiate between different g e o g r a p h i c al areas; differentiate between different classes or categories of waste; provide for the phasing in of its provisions; and be a m e n d e d. (a) (b) (c) (d) (5) The norms or standards contemplated in subsection (\)(b) m a y— (a) (b) (c) 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 nt services; and (ii) different types of waste m a n a g e m e nt services; ensure that funds obtained from waste services are used for waste m a n a g e­ ment services; and provide to be tariffs infrastructure or facilities. for waste m a n a g e m e nt to provide imposed for 10 15 20 25 30 (6) (a) Before publishing a notice in terms of subsection (1). (2) or (3), or any a m e n d m e nt to the notice, the Minister must follow a consultative process in a c c o r d a n ce with sections 72 and 7 3. 35 (b) Paragraph (a) need not be complied with if the notice is a m e n d ed in a non-substantive manner. Provincial n o r ms a nd s t a n d a r ds 40 8. (1) T he relevant M E C, within his or her the implementation of the national waste m a n a g e m e nt strategy and national n o r ms and standards contemplated in sections 6 and 7, respectively. jurisdiction, must ensure (2) The relevant M E C, within his or her jurisdiction, m ay by notice in the Gaz.ette set provincial n o r ms and standards that are not in conflict with national n o r ms and standards contemplated in section 7. 45 (3) The norms and standards c o n t e m p l a t ed in subsection (2) must a m o n g st other things facilitate and a d v a n c e— planning and provision of waste m a n a g e m e nt services; regionalisation of waste m a n a g e m e nt services within the province; (a) (b) (c) minimisation, re-use, recycling and recovery of waste, 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; and treatment and disposal of waste, including the planning and operation of waste treatment and waste disposal facilities, licenced by provincial authorities. (d) 50 55 (4) The norms and standards contemplated in subsection (2) m a y— (a) (b) differentiate between different geographical areas in the p r o v i n c e; differentiate between different classes or categories of waste: 24 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 (c) (d) provide for the phasing in of its provisions: and he a m e n d e d. (5) (a) Before publishing a notice in terms of subsection (2). or any a m e n d m e nt to the notice, the M EC must follow a consultative process in a c c o r d a n ce with sections 72 and 73. 5 (b) Paragraph (a) need not be complied with if the notice is a m e n d ed in a non-substantive manner. W a s te service s t a n d a r ds 9. ( I) A municipality must exercise m a n a g e m e nt services, services, in a m a n n er that d o es not conflict with section 7 or 8 of this Act. to deliver waste its executive authority including waste r e m o v a l, waste storage and waste disposal (2) Each municipality must exercise its executive authority and perform its duty in relation to waste services, including waste collection, waste storage and waste disposal services, b y— (a) (b) (c) (d) adhering to all national and provincial n o r ms and standards; integrating its waste m a n a g e m e nt plans with its integrated d e v e l o p m e nt plans; ensuring access for all to such services; providing such services at an affordable price, in line with its tariff policy referred to in Chapter 8 of the Municipal S y s t e ms Act; ensuring sustainable services through effective and efficient m a n a g e m e n t; keeping separate services provided. including a balance sheet of statements, financial (e) ( /) the (3) In exercising its executive authority contemplated in subsection (1). a m u n i c i p a l­ ity may furthermore, a m o n g st other things, s e t— (a) (b) (c) (</) the municipal service or that local standards for the separation, c o m p a c t i ng and storage of solid waste that is collected as part of is d i s p o s ed of at a municipal waste disposal facility; local standards for the m a n a g e m e nt of solid waste that is disposed of by the municipality or at a waste disposal the municipality, including requirements in respect of the a v o i d a n ce and minimisation of the generation of waste and the re-use. recycling and recovery of solid waste; 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. terms of facility o w n ed by in relation this Act (4) W h e n e v er the Minister or M EC acts the Minister or M EC must to a municipality, the municipality's ability or light to perform its functions in relation to waste m a n a g e m e nt activities. to support strengthen in seek and to (5) (a) W h e n e v er a municipality intends passing a by-law so as to give effect subsection (1), it must follow a consultative process provided for in C h a p t er 4 of the Municipal S y s t e ms Act. (b) P a r a g r a ph (a) need not be complied with if the by-law is a m e n d ed in a non-substantive manner. C H A P T ER 3 I N S T I T U T I O N AL A ND P L A N N I NG M A T T E RS 10 15 20 25 30 35 40 45 D e s i g n a t i on of w a s te m a n a g e m e nt officers 10. (1) T he Minister must designate in writing an officer in the D e p a r t m e nt as the national waste m a n a g e m e nt officer responsible for co-ordinating matters pertaining to waste m a n a g e m e nt in the national g o v e r n m e n t. 50 (2) T he M EC must designate in writing an officer in the provincial administration as for c o - o r d i n a l i ng matters responsible the provincial waste m a n a g e m e nt officer pertaining to waste m a n a g e m e nt in that province. 26 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 the (3) Each municipality authorised to carry out waste m a n a g e m e nt services by Municipal Structures Act, 1998 (Act N o. 117 of 1998), must designate in writing a waste m a n a g e m e nt officer from its administration to be responsible for c o - o r d i n a t i ng matters pertaining to waste m a n a g e m e nt in that municipality. (4) A p o w er delegated or a duty assigned to a waste m a n a g e m e nt officer by virtue of to subsection (1), (2) or (3) m ay be subdelegated or further assigned by that officer another official in the service of the s a me administration, subject to such limitations or conditions as may be d e t e r m i n ed by the Minister, M EC or municipality, respectively. 5 (5) Waste m a n a g e m e nt officers must co-ordinate their activities with other waste m a n a g e m e nt activities in the m a n n er set out in the national waste m a n a g e m e nt strategy established in terms of section 6 or determined by the Minister by notice in the Gazette. 10 Certain o r g a ns of state to p r e p a re integrated w a s te m a n a g e m e nt p l a ns 11. ( I) T he D e p a r t m e nt and the provincial d e p a r t m e n ts responsible for waste m a n a g e m e nt must prepare integrated waste m a n a g e m e nt plans. (2) A provincial d e p a r t m e nt may incorporate its integrated waste m a n a g e m e nt plan in 15 any relevant provincial plan. (3) T he Department may incorporate its integrated waste m a n a g e m e nt plan in any relevant national e n v i r o n m e n t al plan. (4) (a) E a ch municipality m u s t— (i) (ii) submit its integrated waste m a n a g e m e nt plan to the M EC for a p p r o v a l: and include the approved integrated waste m a n a g e m e nt plan in its integrated d e v e l o p m e nt plan contemplated in Chapter 5 of the Municipal S y s t e ms Act. (b) T he M EC may within 30 d a ys of receiving an integrated waste m a n a g e m e nt plan 20 or an a m e n d m e nt to an integrated waste m a n a g e m e nt p l a n— (i) request a municipality to adjust the plan or the a m e n d m e nt in a c c o r d a n ce with the M E C 's proposal if the plan or a m e n d m e n t— 25 (act) d o es not c o m p ly with a requirement of this A c t; or (bb) is in conflict with, or is not aligned with, or negates any relevant integrated waste m a n a g e m e nt plan or the national waste m a n a g e­ ment strategy; or (ii) (iii) to c o m p ly with a specific provision of this Act request a municipality relating to the process of drafting or a m e n d i ng integrated waste m a n a g e­ ment plans if the municipality has failed to c o m p ly with the p r o c e ss or provision; or approve the plan or a m e n d m e n t. (5) T he Department and the provincial d e p a r t m e n ts c o n t e m p l a t ed in subsection (1) must submit their integrated waste m a n a g e m e nt plans to the Minister for a p p r o v a l. (6) W h en exercising the p o w er to monitor and support a municipality as c o n t e m p l a t ed in in section 31 of integrated waste consultation with m a n a g e m e nt plan is co-ordinated and aligned with the plans, strategies and p r o g r a m m es of the D e p a r t m e nt and provincial d e p a r t m e n t s. the Municipal S y s t e ms Act, the M E C, must ensure local g o v e r n m e n t, the municipal the M EC that for (7) (a) Before finalising an integrated waste m a n a g e m e nt plan, the D e p a r t m e nt and every provincial d e p a r t m e nt contemplated in subsection (1) must follow a consultative process in accordance with sections 72 and 7 3. (b) A municipality must, before finalising its integrated waste m a n a g e m e nt plan, follow the consultative process contemplated in section 29 of the Municipal S y s t e ms Act, 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 nt plan c o n t e m p l a t ed in that section. 30 35 40 45 (8) Subsection (7) need not be c o m p l i ed with if the integrated waste m a n a g e m e nt plan 50 is a m e n d ed in a non-substantive manner. 28 No. 32000 Act No. 59, 2008 GOVERNMENT GAZKTTF, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 C o n t e n ts of integrated w a s te m a n a g e m e nt p l a ns 12. (1) An integrated waste m a n a g e m e nt 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 nt profiles of ihe area to which the plan relates; (ii) an assessment of the quantities and types of waste that are generated in the area; (iii) a description of the services that are provided, or that are available, for treatment the collection, minimisation, re-use, recycling and recovery, and disposal of waste; and the n u m b er of persons in the area w ho are not receiving wasle collection services; (iv) (b) within the d o m a in of the D e p a r t m e n t, provincial department or municipality, set oul how that Department, provincial department or municipality i n t e n d s— to Chapter 3 of the in respect of waste m a n a g e m e n t, (i) for to give effect, National Environmental M a n a g e m e nt Act: to give elf eel to the objects of this Act; to identify and address the negative impact of poor waste m a n a g e m e nt practices on health and the e n v i r o n m e n t: to provide recycling and recovery targets and initiatives; in the case of a municipal integrated waste m a n a g e m e nt plan, to address the delivery of waste m a n a g e m e nt services to residential p r e m i s e s; to international a g r e e m e n t s; to give effect m a n a g e m e n t: implementation of waste minimisation, to best e n v i r o n m e n t al practice the R e p u b l i c 's obligations in respect of any in respect of waste implement relevant re-use, the (ii) (iii) (iv) (v) (vi) (vii) (e) (d) targets for ihe collection, minimisation, re-use and recycling of (c) within the d o m a in of the Department or provincial department, set out how the Department or provincial department intends to identify the m e a s u r es that are required and that are to be implemented to support municipalities to give effect to the objects of this Act; set out the priorities and objectives of the Department, provincial d e p a r t m e nt or municipality in respect of wasle m a n a g e m e n t; establish waste; set out the approach of the Department, 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 ng of existing waste disposal facilities; indicate the financial resources that are required to give effect to the plan; describe how the D e p a r t m e n t, provincial d e p a r t m e nt or municipality intends to give effect to its integrated waste m a n a g e m e nt plan; and c o m p ly with the requirements prescribed by the Minister. (g) (h) (/) (i) (2) In the preparation of an inlegrated waste m a n a g e m e nt plan the Department and provincial d e p a r t m e n ts must give proper effect to the r e q u i r e m e n ts contained in C h a p t er 5 of the Municipal S y s t e ms Act, insofar as such plan affects a municipality. R e p o r t i ng on i m p l e m e n t a t i on of integrated w a s te m a n a g e m e nt p l a ns 13. ( I) A n n u al performance reports on the implementation of the inlegrated waste m a n a g e m e nt plans must, in ihe case of— 5 10 15 20 25 30 35 40 45 (a) (b) a provincial d e p a r t m e n t, be submitted approval; and in the case of the Department, be submitted to the Minister for approval. to the M EC and the Minister for 50 (2) T he annual performance report that the D e p a r t m e nt or provincial d e p a r t m e nt 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 nt plan, including information o n— (a) (b) (c) the extent to which the plan has been i m p l e m e n t ed during the period; the waste m a n a g e m e nt reporting period; the delivery of wasle m a n a g e m e nt services and m e a s u r es taken to secure the efficient delivery of waste m a n a g e m e nt services, if applicable; that have been undertaken during initiatives ihe 55 30 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 (d) (e) (/) (g) (Ii) (i) (j) the level of c o m p l i a n ce with the plan and any applicable waste m a n a g e m e nt standards; the m e a s u r es taken to secure c o m p l i a n ce with waste m a n a g e m e nt standards; the waste m a n a g e m e nt monitoring activities; the actual budget e x p e n d ed on i m p l e m e n t i ng the plan; the measures that have been taken to m a ke any necessary a m e n d m e n ts to ihe plan; in the case of a province, the extent to which municipalities c o m p ly with the plan and, in the event of any n o n - c o m p l i a n ce with the plan, the reasons for such n o n - c o m p l i a n c e: and any other requirements as may be prescribed by the Minister. (3) The annual performance report prepared in terms of section 46 of the M u n i c i p al S y s t e ms Act must contain the m u n i c i p al integrated waste m a n a g e m e nt plan, including the information set out in paragraphs (a) to (j) of subsection (2) insofar as it relates to the performance of the municipality. implementation of information on the (4) Despite subsections ( I) and (2). the Minister may specify in writing a different to m e c h a n i sm for the reporting on integrated waste m a n a g e m e nt plans if necessary improve the co-ordination of waste m a n a g e m e n t. C H A P T ER 4 W A S TE M A N A G E M E NT M E A S U R ES Part 1 Priority wastes D e c l a r a t i on of priority wastes 14. (1) T he 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 ds believes that the waste p o s es a threat to health, well-being or the environment because of the quantity or c o m p o s i t i on of the waste a n d— (a) (h) that specific waste management measures are required to address the threat; or that the imposition of specific waste m a n a g e m e nt m e a s u r es in respect of the waste may improve reduction, re-use, recycling and recovery rates or reduce health and environmental impacts. (2) T he M EC 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 de 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 nt m e a s u r es that must be taken. (5) The m e a s u r es contemplated in subsection (4) m ay i n c l u d e— (a) a requirement for identified persons falling within a category of p e r s o ns to prepare an industry waste m a n a g e m e nt 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 es for the m a n a g e m e nt of the priority w a s t e; (d) m e a s u r es for the minimisation, storage, re-use, recycling and recovering, (e) (/) treatment and disposal of the priority w a s t e; r e q u i r e m e n ts for the registration and monitoring of, and reporting on. priority waste; and any other m e a s u r es that the Minister believes are necessary to m a n a ge threat that is presented by the waste or to achieve the objects of this Act. the (6) (a) Before publishing a notice in terms of subsection (1), or any a m e n d m e nt 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 ce with sections 72 and 7 3. (b) Paragraph (a) need not be complied with if the notice is a m e n d ed in a non-substantive manner. 32 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 C o n s e q u e n c es of d e c l a r a t i on of priority w a s t es 15. (1) No 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) (b) (c) the waste m a n a g e m e nt m e a s u r es contemplated in section 14(4); an industrial waste m a n a g e m e nt plan which has been submitted in a c c o r d a n ce with the r e q u i r e m e n ts of a notice referred to section 28 or 29; or any other requirement in terms of this Act. 5 (2) No 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 nt m e a s u r es c o n t e m p l a t ed in section 14(4). 10 Part 2 General duty General duty in respect of w a s te m a n a g e m e nt 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 le 15 m e a s u r es 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 ts of waste that are generated; reduce, re-use, recycle and recover waste; (b) (c) where waste must be disposed of, ensure that the waste is treated and disposed of in an environmentally sound manner; (e) (d) m a n a ge the waste in such a manner that it does not e n d a n g er health or the e n v i r o n m e nt or cause a nuisance through noise, o d o ur or visual impacts; prevent any e m p l o y ee or any person under his or her supervision contravening this Act; and prevent the waste from being used for an unauthorised p u r p o s e. from (/) 20 25 (2) Any person w ho 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 es contemplated in this section may include m e a s u r es t o— 30 (b) (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; cease, modify or control any act or process causing the pollution, environ­ mental degradation or harm to health; comply with any norm or standard or prescribed m a n a g e m e nt practice; eliminate any source of pollution or e n v i r o n m e n t al d e g r a d a t i o n; and remedy the effects of the pollution or environmental degradation. (4) The Minister or M EC may issue regulations to provide g u i d a n ce 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. (5) Subsection (4) need not be complied with if the regulation is a m e n d ed (c) (d) (e) in a non-substantive manner. Part 3 Reduction, re-use, recycling and recovery of waste R e d u c t i o n, re-use, recycling a nd recovery of waste 17. (1) Unless otherwise p r o v i d ed for in this Act, any person w ho undertakes an activity involving the reduction, re-use, recycling or recovery of w a s te must, before undertaking that activity, ensure that the reduction, re-use, recycling or recovery of the w a s t e— (a) (b) uses less natural resources than disposal of such waste: and to the extent that it is possible, is less harmful to the e n v i r o n m e nt than the disposal of such waste. (2) T he Minister may. after consultation with the Minister of Trade and Industry and by notice in the Gazette, require any person or category of persons t o— 35 40 45 50 Act No. 59, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 GOVERNMENT G A / E T T E, 10 MARCH 2009 (b) (a) for the reduction, re-use, recycling and recovery of p r o d u c ts or provide c o m p o n e n ts of a product manufactured or imported by that person; or include a d e t e r m i n ed percentage of recycled material produced, imported or manufactured by that person or category of p e r s o n s. (3) (a) Before publishing a notice in terms of subsection (2). or any a m e n d m e nt to the notice, the Minister must follow a consultative process in a c c o r d a n ce with sections 72 and 7 3. in a producl thai is (b) Paragraph (a) need not be complied with if the notice is a m e n d ed in a non-substantive manner. E x t e n d ed p r o d u c er responsibility 18. (1) T he 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) (b) (c) identify a product or class of products in respect of which extended p r o d u c er responsibility applies; specify the extended producer responsibility m e a s u r es that must be taken in respect of that product or class of p r o d u c t s; and identify the person or category of persons w ho must i m p l e m e nt the e x t e n d ed producer responsibilities m e a s u r es contemplated in paragraph (b). (2) The Minister may in a notice under subsection ( I) specify— (a) (b) (e) (d) (e) (f) (g) the the in respect of financial a r r a n g e m e n ts of a waste minimisation p r o g r a m m e, with the requirements implementation and operation of an extended producer responsibility p r o g r a m m e, including the r e q u i r e m e n ts for the reduction, re-use, recycling, recovery, treatment and disposal of w a s t e; the concurrence of the Minister of F i n a n c e; the institutional a r r a n g e m e n ts for the administration of a waste minimisation p r o g r a m m e; the percentage of products that must be recovered under a waste minimisation p r o g r a m m e; the labelling r e q u i r e m e n ts in respect of waste; 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, in such m a n n er or in accordance with such standards or p r o c e d u r es as may be prescribed; and the requirements the design, composition or production of a producl or packaging, 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, volume or weight of p a c k a g i ng be restricted; and (iii) p a c k a g i ng be designed so that it can be reduced, re-used, recycled or that must be complied with in respect of 5 10 15 20 25 30 35 recovered. (3) Before publishing a notice under subsection (1) or any a m e n d m e nt to the notice. 40 the Minister m u s t— (a) (b) (c) (d) consult affected p r o d u c e r s: follow a consultative process in a c c o r d a n ce with sections 72 and 7 3, unless the notice is a m e n d ed in a non-substantive m a n n e r; take international a g r e e m e n t s; and consider relevant scientific in terms of any applicable the R e p u b l i c 's obligations into account information. Part 4 Waste management activities Listed w a s te m a n a g e m e nt activities 19. (1) T he Minister may by notice in the Gazette publish a list of waste m a n a g e m e nt 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 nd the list b y— adding other waste m a n a g e m e nt activities to the list; r e m o v i ng waste m a n a g e m e nt activities from the list; or (a) (b) (c) m a k i ng other c h a n g es to the particulars on the list. 45 50 55 36 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 (3) A notice referred to in subsection ( 1 )— (a) must indicate w h e t h er a wasle m a n a g e m e nt licence is required to conduct ihe activity or, if a waste m a n a g e m e nt licence is not required, the r e q u i r e m e n ts or standards that must be adhered to when c o n d u c t i ng the activity; (b) may exclude certain quantities or categories of waste or categories of persons 5 from I he 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 se pollution to the environment or harm to h u m an health; or adequately controlled by other legislation; (ii) (c) may contain transitional and other special a r r a n g e m e n ts in respect of wasle m a n a g e m e nt activities that are carried out at ihe time of I h e ir listing: and 10 (d) must d e t e r m i ne the date on which ihe notice takes effect. (4) Until such time as (he Minister has published a notice c o n t e m p l a t ed in subsection (1), Schedule 1 of this Act is applicable. (5) T he M E C. with the c o n c u r r e n ce of the Minister, may by notice in the Gazelle— 15 (a) publish a list of waste m a n a g e m e nt activities that have, or are likely to have, a detrimental effect on the e n v i r o n m e nt in the province c o n c e r n e d; and (b) when necessary, a m e nd the lisi b y— adding other waste m a n a g e m e nt activities to the list; r e m o v i ng waste m a n a g e m e nt activities from the list; or (i) (ii) (iii) m a k i ng other c h a n g es to the particulars on the list. (6) A list published under subsection (5) by the M EC must include waste m a n a g e m e nt activities listed in Schedule 1 or listed under section (1), if applicable. (7) A list published under subsection (5) by the M EC applies lo the relevant province only. (8) A notice under subsection (1) or ( 5 )— 20 25 (a) may contain transitional and other special a r r a n g e m e n ts in respect of waste m a n a g e m e nt activities that are carried out at the time of their listing; and (b) must d e t e r m i ne the date on which the notice takes effect. (9) For ihe purposes of administrative efficiency, the lists published under subsection (1) or (5) or Schedule 1 may divide the waste m a n a g e m e nt activities into dilferent categories 30 (10) (a) Before publishing a notice under subsection (1) or (5). or any a m e n d m e nt to such notice, 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 ce with sections 72 and 7 3. 35 (b) Paragraph (a) need not be complied with if the list c o n t e m p l a t ed in subsection (1) or (5) is a m e n d ed in a non-substantive manner. C o n s e q u e n c es of listing w a s te m a n a g e m e nt activities

20. No person may c o m m e n c e, undertake or conduct a waste m a n a g e m e nt activity, except in a c c o r d a n ce w i t h— 40 (a) (b) the requirements or standards d e t e r m i n ed in terms of section 19(3) for that activity; or a wasle m a n a g e m e nt licence issued in respect of that activity, if a licence is required. 38 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTR. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 Part 5 Storage, collection and transportation of waste General r e q u i r e m e n ts for s t o r a ge of w a s te

21. A ny person w ho stores waste must at least take steps, unless otherwise provided by this Act, to ensure t h a t— (a) (b) (c) (d) the containers in which any waste is stored, are intact and not c o r r o d ed or in any other way rendered unlit for the safe storage of w a s t e; adequate m e a s u r es are taken to prevent accidental spillage or leaking; the waste cannot be blown away; nuisances such as odour, visual impacts and breeding of vectors do not arise; and (e) pollution of the e n v i r o n m e nt and harm to health are prevented. S t o r a ge of g e n e r al w a s te 22. (1) A ny person w ho generates general waste that is collected by a municipality the the in a container approved, designated or provided by location approved or authorised by that p u r p o se and the waste in a for must place municipality municipality. 5 10 15 (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 ce with this Act or any applicable b y - l a ws need not be placed in a container c o n t e m p l a t ed in subsection (I). 20 Waste collection services 2 3. (1) Waste collection services are subject t o— (a) (b) (c) (d) in a the need for an equitable allocation of such services to all people municipal area: the obligation of persons utilising the service to pay any applicable c h a r g e s; the right of a municipality to limit the provision of general waste collection services if there is a failure to c o m p ly with reasonable c o n d i t i o ns set for the provision of such services, but where the municipality takes action to limit the provision of services, the limitation must not pose a risk to health or the e n v i r o n m e n t; and 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. (2) Every municipality must, subject to this Act, and as far as is reasonably possible, that are the collection of recyclable waste for provide containers or receptacles accessible to the public. 25 30 35 Collection of w a s te 2 4. No person may collect waste for removal from premises unless such person i s— (a) (b) (c) a municipality or municipal service provider; authorised by law to collect that waste, where authorisation is required; or not prohibited from collecting that waste. 40 D u t i es of p e r s o ns t r a n s p o r t i ng w a s te 25. (1) T he Minister, an M EC or a municipality may, by notice in the Gazette, require- any person or category of persons w ho transports waste for gain t o— in the relevant waste m a n a g e m e nt officer register with p r o v i n ce or municipality, as the case may be; and (a) the D e p a r t m e n t. 45 40 No. 32000 Aci No. 59, 2008 GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT- WASTE ACT, 2008 (b) furnish such information as m a n a g e m e nt officer may reasonably require. is specified in that notice or as the w a s te (2) A ny person e n g a g ed 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. (3) W h e re waste is transported for the purposes of disposal, a person transporting the waste must, before oflloading the waste from ihe vehicle, ensure that the facility or place to which the waste is transported, is authorised to accept such w a s l e. 5 (4) W h e re hazardous waste is transported for purposes other than disposal, a person transporting the waste must, before oflloading the waste from the vehicle, e n s u re that the facility or place to which the waste is transported, is authorised to accept such waste and must obtain written confirmation that the waste has been accepted. (5) In the absence of evidence to the contrary which raises a reasonable d o u b t, a person w ho is in control of a vehicle, or in a position to control the use of a vehicle, thai is used to iransport waste for the purpose of offloading to knowingly cause thai waste to be offloaded at the location w h e re the waste is deposited. that waste, is considered 10 15 Part 6 Treatment, processing and disposal of waste Prohibition of u n a u t h o r i s ed disposal 26.( 1) No person m a y— (a) (b) dispose of waste, or knowingly or negligently c a u se or permit wasle to be disposed of, in or on any land, w a t e r b o dy or at any facility unless ihe disposal of that waste is authorised by law. or dispose of wasle likely that e n v i r o n m e nt or harm to health and well-being. to cause pollution of in a m a n n er the is (2) Subsection (1) need not be complied with if— (a) the wasle w as 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 ihe most e n v i r o n m e n t a l ly and economically m a n a g e m e nt of the waste w as adopted; or feasible option for (ii) the (b) the disposal of the waste was d o ne 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 er of privately o w n ed land to which the general public has access, must e n s u r e— (a) (b) that sufficienl containers or places are provided discarded by the public; and that the litler is disposed of before complaint or causes a negative impact on the e n v i r o n m e n t. it b e c o m es a nuisance, a ground for a to contain litter that is (2) No person m a y— (a) (b) throw, drop, deposit, spill or in any other way discard any litter into or o n to 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 allow any person under contemplated in paragraph that p e r s o n 's control (a). to do any of the acts 20 25 30 35 40 45 42 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 Part 7 Industry waste management plans P r e p a r a t i on of industry w a s te m a n a g e m e nt plans by c e r t a in p e r s o ns 2 8. ( I) W h e re 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 ed in more than one p r o v i n c e, the Minister 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 nt plan to the Minister for approval. (2) T he M EC may. in respect of any activity within (he province c o n c e r n ed that results in the generation of waste, 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 nt plan to the M EC for approval. 5 10 (3) Despite subsection (2). the M EC may not require a person, category of persons or industry w ho has submitted an in c o m p l i a n ce with subsection (I), to prepare and submit an industry waste m a n a g e m e nt plan in respect of the same matter. industry waste m a n a g e m e nt 15 (4) W h en exercising a p o w er 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) (b) (c) resources the impact or potential impact of the waste on health and the e n v i r o n m e nt that is generated by the applicable person, category of persons or industry; the environmentally sensitive nature of a natural resource or the a m o u nt of natural the manufacturing or production is c o n s u m ed processes thai result in the w a s t e; and the m a n n er in which an industry waste m a n a g e m e nt plan may contribute t o— (i) (ii) (iii) the avoidance or minimisation of the generation of waste; the reduction of negative impacts on health and the e n v i r o n m e n t; and the conserving of natural resources. that in 20 25 (5) T he Minister or M EC must, before exercising a p o w er under subsection (I) or (2), as the case may be. consult the person, category of persons or industry to be affected. (6) T he Minister or M E C, as the case may be, may give directions that an industry waste m a n a g e m e nt 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). 30 (7) (a) A person, category of persons or industry c o n t e m p l a t ed in subsection (1) or (2) may elect to prepare an industry waste m a n a g e m e nt plan for approval in terms of this Part without being required to do so by the Minister or M E C. 35 (b) W h en a person, category of persons or industry s u b m i ts an industry waste m a n a g e m e nt plan in terms of paragraph (a)— (i) (ii) subsections (4). (5) and (6) apply with the c h a n g es required by the context; and the Minister or M EC to w h om ihe plan is submitted may exercise any of their respective p o w e rs set out in this Part in respect of that plan. 40 P r e p a r a t i on of industry waste m a n a g e m e nt plans by o r g a ns of state 29. (1) T he Minister may, by notice in writing, require an industry waste m a n a g e m e nt plan to be prepared by an organ of state, excluding a municipality, within a stipulated timeframe. (2) An M EC may, by notice in writing, require an industry waste m a n a g e m e nt plan to be prepared by the provincial department responsible for e n v i r o n m e n t al affairs, within a stipulated timeframe. (3) W h en exercising a p o w er under subsection (1) or (2). the Minister or M EC must consider w h e t h e r— 45 50 (a) the diversity, complexity and competitive nature of the industry c o n c e r n ed would make it impractical for a category of persons other than an organ of 44 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 state or provincial department responsible lor e n v i r o n m e n t al affairs to prepare the plan; the k n o w l e d ge or experience of the persons w ho are likely lo be affected by the plan in ihe areas of wasle reduction, re-use, recycling and recovery is limited; ihe persons w ho are likely to be alfected by the plan c o m p r i se of small, m e d i um or micro enterprises; or the person required to prepare a plan in a c c o r d a n ce with section 2 8, or to revise or a m e nd the plan in terms of section 32(1), has failed to do so. (b) (c) (d) (4) T he Minister or M E C, as the case may be, may recover the costs of preparing an induslry wasle m a n a g e m e nt plan f r o m— (a) (h) the person contemplated prepare the plan; or ihe person w ho is required lo revise or a m e nd the plan in t e r ms of seclion 32(1). but has failed to do so. in section 28 w h o. after written notice, failed to (5) Any organ of state or provincial d e p a r t m e nt c o n t e m p l a t ed in subsection (1) and (2). respectively, may. by written notice, require any person lo provide such information as may be necessary to prepare the industry waste m a n a g e m e nt plan. (6) An organ of state or provincial department c o n t e m p l a t ed in subsection (1) and (2), respectively, must follow a consultative process in a c c o r d a n ce with sections 72 and 7 3. unless that plan is being prepared as a result of a person w ho w as required lo prepare that plan failing to do so, in which case section 31(2) applies. C o n t e n ts of industry w a s te m a n a g e m e nt plans 30. ( I) T he Minister, in a notice contemplated in seclion 28( 1) or 29( 1), or the M E C, that in a notice c o n t e m p l a t ed in section 28(2) or 29(2), must specify the information must be included the industry waste m a n a g e m e nt plan. (2) T he information that the Minister or M EC specifies in terms of subsection (1) may i n c l u d e— the amount of waste that is generated; (a) (b) m e a s u r es to prevent pollution or ecological degradation; (c) targets for waste minimisation through waste reduction, re-use, recycling and recovery; (d) m e a s u r es or p r o g r a m m es lo minimise the generation of wasle and the final disposal of waste: (e) m e a s u r es or actions to be taken to m a n a ge waste; (/) the phasing out of the use of specified substances; (j>) opportunities the reduction of waste generation for through c h a n g es to packaging, product design or production processes; (h) m e c h a n i s ms for informing the public of the impact of the w a s t e - g e n e r a t i ng (i) products or p a c k a g i ng on the e n v i r o n m e n t; the extent of any financial contribution to be made to support c o n s u m e r - b a s ed waste reduction p r o g r a m m e s: ihe period that is required for implementation of the plan: (j) (k) m e t h o ds for monitoring and reporting; and (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 ry w a s te m a n a g e m e nt plans 31. (1) Any person required to produce an industry waste m a n a g e m e nt plan in t e r ms industry of section 28 must take appropriate sleps to bring the contents of a proposed waste m a n a g e m e nt plan to the attention of relevant organs of slate, interested p e r s o ns 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 nt plan in terms of seclion 29 as a result of a person w ho w as required to prepare that plan failing to do 46 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 so must bring the contents of a p r o p o s ed attention of relevant organs of state, interested persons and the public. industry waste m a n a g e m e nt plan to the (3) Any c o m m e n ts submitted in respect of an industry waste m a n a g e m e nt plan must be considered by the person responsible for preparing the plan, and a copy of all c o m m e n ts must be submitted to the Minister or M E C, as the case m ay be, together with the plan. 5 C o n s i d e r a t i on of industry w a s te m a n a g e m e nt p l a ns (a) (b) 32.( 1) T he Minister, acting in terms of section 28( I) or 29( 1), or the M EC 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 nt p l a n— approve the plan in writing, with any a m e n d m e n ts or conditions, and give directions for the i m p l e m e n t a t i on of the plan; require additional to be submitted within timeframes specified by the Minister or M EC for a p p r o v a l; require a m e n d m e n ts to be m a de to the plan within timeframes specified by the Minister or M E C; or reject the plan with r e a s o ns if it does not c o m p ly with the r e q u i r e m e n ts of a notice in terms of section 28( 1) or (2) or 29( 1) or (2), as the case m ay be, or if a consultation process in a c c o r d a n ce with section 31 w as not followed. to be furnished and a revised plan information (d) (c) 10 15 (2) A ny failure to c o m p ly with a requirement referred to in subsection (\)(b) or (c) within the timeframes specified by the Minister or the M EC is regarded as constituting a failure to submit an industry waste m a n a g e m e nt plan 20 (3) An industry waste m a n a g e m e nt plan that has been rejected in terms of subsection (\)(d) may be a m e n d ed and resubmitted to the Minister or M E C. (4) On receipt of any information or a m e n d m e n ts requested in terms of subsection (1 )(h) or (c), or any a m e n d ed industry waste m a n a g e m e nt plan resubmitted in t e r ms of subsection (2) for the first time, the Minister or M EC must reconsider the plan. 25 (5) An 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 nt plan that has been prepared in terms of section 28 and that has been a p p r o v ed by the Minister or M E C, as the case may be. (7) An industry waste m a n a g e m e nt plan that has been prepared by an organ of state or provincial d e p a r t m e nt responsible for e n v i r o n m e n t al 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 ow the plan must be implemented, if applicable. Specification of m e a s u r es to be t a k en 3 3. (1) If the Minister or M EC rejects an industry waste m a n a g e m e nt plan in t e r ms of section 32 more than o n c e, or if any person w ho is required in terms of section 28( 1) or (2) to prepare an industry waste m a n a g e m e nt plan fails to do so, or if a person fails to revise or a m e nd a plan as required by the Minister or the M EC in terms of section 32( 1), the Minister or M E C, as the case may b e, may, by notice in writing and without any criminal p r o c e e d i n gs being affected, specify the waste m a n a g e m e nt m e a s u r es that must be taken by that person to ensure that that person is not unduly a d v a n t a g ed by the failure to submit a plan. (2) W h en specifying in terms of the waste m a n a g e m e nt m e a s u r es subsection ( I ), the Minister or M E C, as the case may be, must consider, and to the extent possible, align the m e a s u r es to be taken with the m e a s u r es that are set out in any other approved industry waste m a n a g e m e nt plan and that is related to the activities of the person whose plan has been rejected more than once or w ho failed to submit a plan. to be taken 30 35 40 45 50 48 No. 32000 Act No. 59. 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 R e v i ew of industry waste m a n a g e m e nt plans 34. (1) An industry waste m a n a g e m e nt plan that has been required by the Minister in terms of section 28( 1) or 29( I), or by the M EC in t e r ms 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 er or M EC by notice in writing or in the relevant Gazette. (2) W h en specifying a review period for an induslry waste m a n a g e m e nt 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 ce of the review periods that have been specified in any related waste m a n a g e m e nt licence. PartS Contaminated land A p p l i c a t i on of this Part

35. 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) (b) (c) (d) occurred before the c o m m e n c e m e nt of this Act; originated on land other than land referred to in section 3 8; arises or is likely to arise at a different lime from the actual activity that caused the c o n t a m i n a t i o n; or arises pre-existing c o n t a m i n a t i o n. through an act or activity of a person in a c h a n ge that results lo Identification a nd notification of investigation a r e as 36. (1) T he Minister, or the M EC in respect of an area which affects the relevant province, may, after consultation with the Minister of Water Affairs and Forestry and any identify as investigation a r e a s— other organ of state concerned, by notice in the Gazette, land on which high-risk activities have taken place or are taking place that are likely to result in land contamination; land that the Minister or M E C, as the case may be, on reasonable g r o u n ds believes to be contaminated. (b) (a) 5 10 15 20 25 (2) A notice under subsection (1) by the Minister applies nationally, and a notice u n d er thai subsection by the M EC applies to the relevant province only. (3) Before publishing a notice under subsection ( I ), or any a m e n d m e nt to the notice, in the Minister or M E C, as the case may be, must follow a consultative process a c c o r d a n ce with sections 72 and 7 3. 30 (4) Subsection (3) need not be complied with if the notice is a m e n d ed in a non-substantive manner. (5) An o w n er of land that is significantly contaminated, or a person w ho u n d e r t a k es an activity ihe Minister and M EC of that contamination as soon as that person b e c o m es a w a r e, of that c o n t a m i n a t i o n. lo be significantly c o n t a m i n a t e d, must notify that caused the land 35 (6) Despite subsection (1), the Minister or M EC may issue a written notice lo a particular person identifying specific land as an investigation area if the Minister or M EC on reasonable g r o u n ds believes thai the land is or is likely to be c o n t a m i n a t e d. 40 C o n s e q u e n c es of identification a nd notification of investigation areas 37. (1) T he 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 ed in seclion 36, after consultation with the Minister of Water Affairs and F o r e s t r y— (a) (b) c a u se a site assessment to be c o n d u c t ed in respect of the relevant investigation area; or in a notice published under section 36( I) or issued under section 3 6 ( 6 )— (i) direct the o w n er of the investigation area; or (ii) direct the person w ho 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 on of the investigation area. 45 50 SO No. 32000 Act No. 59, 2008 GOVERNMENT GAZKTTF.. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 to cause a site assessment to be c o n d u c t ed by an independent person, at o wn cost, and to submit a site a s s e s s m e nt report to the Minister or M EC within a period specified in the notice. (2) (a) A site a s s e s s m e nt report must c o m p ly with any directions that may have been published or given by the Minister or M EC in a notice c o n t e m p l a t ed in section 36( 1) or (6) and must at is c o n t a m i n a t e d. information on w h e t h er investigation area include least the (b) W h e re 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, the site assessment report must at least contain information on w h e t h e r— (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) land are in or on the contamination has already impacted on health or the e n v i r o n m e n t; toxic, persistent or bio- the the substances present a c c u m u l a t i ve or are present in large quantities or high c o n c e n t r a t i o ns or occur in c o m b i n a t i o n s; there are exposure p a t h w a ys available to the substances; 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: the substances have migrated or are likely to migrate from the land; the acceptable exposure receptors e n v i r o n m e nt have been e x c e e d e d; any applicable standards have been e x c e e d e d; and the area should be remediated or any other m e a s u r es should be taken m a n a ge or neutralise the risk. for h u m an and e n v i r o n m e n t al that in to 5 10 15 20 (3) For the p u r p o s es of this section, land may be regarded as being c o n t a m i n a t ed at any particular time if the risk of harm to health or the e n v i r o n m e nt could eventuate only in certain c i r c u m s t a n c es and those c i r c u m s t a n c es do not exist at the lime that the site assessment is undertaken, but those c i r c u m s t a n c es are reasonably foreseeable. 25 C o n s i d e r a t i on of site a s s e s s m e nt reports 38. (1) On receipt of a site assessment report c o n t e m p l a t ed in section 3 7, the Minister or M E C, as the case may be, may, after consultation with the Minister of Water Affairs and Forestry and any other organ of state concerned, decide t h a t— 30 (a) (b) (c) (d) investigation area investigation area is contaminated, presents a risk is c o n t a m i n a t e d, presents a risk the e n v i r o n m e n t, and must be remediated urgently; the e n v i r o n m e n t, and must be remediated within a specified period; the investigation area is c o n t a m i n a t ed and d o es not present an i m m e d i a te risk. but that m e a s u r es are required to address the m o n i t o r i ng and m a n a g e m e nt of that risk; or the investigation area is not c o n t a m i n a t e d. to health or to health or the the (2) If the Minister or M E C. as the case may b e, decides that an investigation area is c o n t a m i n a t ed and requires remediation, the Minister or M EC must declare the land to be a remediation site and make such remediation order as is necessary to neutralise that risk. (3) If the Minister or M E C. as the case may be, decides that the investigation area d o es not present an i m m e d i a te risk, but that m e a s u r es are required to address the m o n i t o r i ng and m a n a g e m e nt of that risk, the Minister or M EC may m a ke an order specifying the m e a s u r es that must be taken. (4) Unless o t h e r w i se directed, a remediation order under subsection (2), an order under subseciion (3) or a directive under section 37(1) must be c o m p l i ed with at the cost of the person against w h om the order or directive is issued. 35 40 45 (5) T he Minister or M E C, as the ease m ay b e, m ay a m e nd a r e m e d i a t i on order if— 50 (a) (b) o w n e r s h ip of the land is transferred and the new o w n er in writing a s s u m es responsibility for the remediation; or new information or evidence warrants an a m e n d i ng the order. 52 No. 32000 Act No. 59, 2008 GOVERNMENT GAZHTTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 O r d e rs to r e m e d i a te c o n t a m i n a t ed land 39. (1) A remediation order issued under section 38(2) or an order issued u n d er section 38(3) must describe, to the extent that it is a p p l i c a b l e— (a) (b) (c) id) the person w ho is responsible lor u n d e r t a k i ng the r e m e d i a t i o n; the land to which the order applies; the nature of the c o n t a m i n a t i o n; the m e a s u r es that must be taken to r e m e d i a te the land or the standards that must be complied with when r e m e d i a t i ng the land; the period within which the order must be complied with; (e) (/) whether any limitations in respect of the use of the land are i m p o s e d; (g) (Ii) the m e a s u r es that must be taken to monitor or m a n a ge the risk: and any other prescribed matter. 5 10 (2) Before issuing a remediation order or an a m e n d ed remediation order, the M i n i s t er 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 he 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 nt to ensure that the remediation order is complied with. Transfer of r e m e d i a t i on sites 40. (1) No person m ay transfer c o n t a m i n a t ed land without informing the person to w h om that land is lo be transferred that the land is contaminated and, in the c a se of a remediation site, without notifying the Minister or M EC and c o m p l y i ng with any conditions that are specified by the Minister or M E C, as the ease m ay be. 20 (2) (a) For the purposes of ensuring c o m p l i a n ce with this section, the Minister must notify the relevant Registrar of D e e ds appointed in terms of the D e e ds Registries Act, 1937 (Act N o. 47 of 1937), of any land that has been declared as a remediation site. 25 (b) The notification c o n t e m p l a t ed in paragraph (a) must identify the land sufficiently to enable the Registrar of D e e ds to enter the necessary information in or on registers and d o c u m e n ts kept by his or her Office. C o n t a m i n a t ed land register 4 1. ( 1) T he Minister must keep a national c o n t a m i n a t ed land register of investigation 30 areas that includes information o n— the o w n e rs and any users of investigation areas; the location of investigation areas; the nalure and origin of the c o n t a m i n a t i o n: (a) (b) (c) (d) w h e t h er an investigation a r e a— (i) (ii) (iii) is c o n t a m i n a t e d, presents a risk to health or the e n v i r o n m e n t, and must be remediated urgently; is c o n t a m i n a t e d, 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; is c o n t a m i n a t ed and d o es not present an immediate risk, but m e a s u r es are required to address the monitoring and m a n a g e m e nt of that risk: or is not c o n t a m i n a t e d; (e) (f) (iv) the status of any remediation activities on investigation areas; and restrictions of use that have been imposed on investigation areas. (2) T he Minister may c h a n ge the status of an investigation area c o n t e m p l a t ed 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 ed with or other c i r c u m s t a n c es eventuate that justify such a change. 35 40 45 (3) An M EC w ho 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 ed land register. 50 54 No. 32000 Act No. 59. 2008 GOVERNMENT GAZETTE, 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 Part 9 Other measures R e c o g n i t i on p r o g r a m m es 42. (1) A waste m a n a g e m e nt officer may establish a p r o g r a m me for the public- recognition of significant a c h i e v e m e n ts in the area of waste a v o i d a n c e, minimisation or other forms of waste m a n a g e m e n t. 5 (2) T he p r o g r a m me c o n t e m p l a t ed in subsection (1) may contain m e c h a n i s ms to m a ke the public aware of sound waste m a n a g e m e nt practices. C H A P T ER 5 L I C E N S I NG OF W A S TE M A N A G E M E NT A C T I V I T I ES 10 Licensing a u t h o r i ty 4 3. ( I) T he Minister is the licensing authority w h e r e— (a) (b) (c) (d) (e) involves the waste unless otherwise indicated by the Minister by notice in the Gazette, m a n a g e m e nt activity the establishment, operation, cessation or d e c o m m i s s i o n i ng of a facility at which hazardous waste has been or is to be stored, treated or disposed of: the waste m a n a g e m e nt activity involves obligations in terms of an interna­ tional obligation, including the importation or exportation of h a z a r d o us w a s t e; the waste m a n a g e m e nt activity is to be undertaken b y— (i) a national department; (ii) a provincial d e p a r t m e nt responsible for e n v i r o n m e n t al affairs; or (iii) a statutory body, excluding any municipality, performing an e x c l u s i ve c o m p e t e n ce of the national sphere of g o v e r n m e n t; the waste m a n a g e m e nt activity will affect m o re than o ne province or traverse international boundaries; or t wo or more waste m a n a g e m e nt activities are to be undertaken at the s a me facility and those activities. is the licensing authority for any one of the Minister 1 5 20 25 (2) Subject to subsection (1), the M EC of the province in which the waste m a n a g e m e nt activity is being or is to be carried out is the licensing authority. 30 (3) Despite subsections (1) and (2), the Minister and an M EC may agree that an r e g a r d i ng any waste for waste m a n a g e m e nt licences application or applications m a n a g e m e nt a c t i v i t y— (a) (b) referred to in subsection (1). may be dealt with by the M E C; or in respect of which the M EC has been identified as the licensing authority. may be dealt with by the Minister. 35 C o - o p e r a t i ve g o v e r n a n ce in w a s te m a n a g e m e nt licence a p p l i c a t i o ns 4 4. (1) For the purposes of issuing a licence for a waste m a n a g e m e nt activity, the licensing authority must as far as practicable in the c i r c u m s t a n c es c o - o r d i n a te or consolidate the application and d e c i s i o n - m a k i ng processes c o n t e m p l a t ed in this C h a p t er with the National E n v i r o n m e n t al M a n a g e m e nt 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. the d e c i s i o n - m a k i ng process in Chapter 5 of 40 (2) If the licensing authority decides to issue a licence it may, for the p u r p o s es of 45 achieving c o o r d i n a t i o n— (a) (b) issue an integrated licence jointly with the other o r g a ns of state c o n t e m p l a t ed in subsection (1). which licence grants approval in t e r ms of this Act and any other legislation specified in the licence; or 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 nt to do so, thai have been consolidated into a single d o c u m e nt in order to ensure 50 56 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 the conditions that c o m p r e h e n s i ve and mutually consistent. that are imposed by each competent authority are (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 ng process for issuing thai integrated licence must c o m p ly with both the requirements of this Act and of that other legislation. (4) An integrated licence m u s t— (a) (b) (c) (d) specify the statutory provisions in terms of which it has been issued; identify the authority or authorities that have issued it; indicate to w h om applications for any a m e n d m e nt or cancellation of the integrated licence must be m a d e; and indicate the appeal procedure to be followed. (5) An integrated licence may be enforced in terms of this Act and any other Act in terms of which it has been issued: Provided that a condition of an integrated licence may only be enforced in terms of the legislation that authorises the imposition of such a condition. (6) W h e re an integrated licence procedure or a consolidated authorisation p r o c e d u re is established in terms of this section, the provisions of this C h a p t er must be read with the necessary c h a n g es as to enable a single application procedure or c o m b i n ed application procedure to be followed. the context may require 5 10 15 20 (7) An integrated e n v i r o n m e n t al authorisation c o n t e m p l a t ed in section 2 4L of the National E n v i r o n m e n t al M a n a g e m e nt Act. licence must be regarded as an integrated A p p l i c a t i on for w a s te m a n a g e m e nt licences 4 5. (1) A person w ho requires a waste m a n a g e m e nt 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 nt licence must be a c c o m p a n i ed b y— (a) (b) the prescribed processing fee; and such d o c u m e n t a t i on and information as may be reasonably required by the licensing authority. 30 (3) A person w ho requires a waste m a n a g e m e nt licence for a waste m a n a g e m e nt 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 on or information contemplated information o n— in subsection (2). (a) (b) (c) the types of waste lhat will be incinerated; 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 alternative environmentally sound m e t h o d s, if any, thai could be used to treat that waste. 35 40 A p p o i n t m e nt of p e r s o ns to m a n a ge w a s te m a n a g e m e nt licence a p p l i c a t i o ns 4 6. (1) T he licensing authority may by written notice to an applicant require that require applicants, at o wn cost, to appoint an applicant, or by notice in the Gazette independent and suitably qualified person to m a n a ge an application. (a) reasonable steps (2) If an applicant is required to appoint an independent person, the applicant m u s t— take all is independent and has expertise in the m a n a g i ng of waste m a n a g e m e nt licence applications; and provide the appointed person with access to all information at the disposal of the applicant reasonably required for the application, w h e t h er or not lhat information is favourable to the applicant. to be a p p o i n t ed the person to verify that (b) 45 50 58 No. 32000 Act No. 59, 2008 GOVERNMENT GAZETTE. 10 MARCH 2009 NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT. 2008 P r o c e d u re for w a s te m a n a g e m e nt licence a p p l i c a t i o ns 47. (1) T he licensing a u t h o r i t y— (a) may, by written notice, require the applicant, at the applicant's cost, to obtain and provide it within a specified period with any other information in addition to the the application; in connection with in or submitted information contained (b) m ay conduct its o wn investigation on the likely effect of the wasle m a n a g e m e nt activity on health and the e n v i r o n m e n t; (c) must invite written c o m m e n ts from any organ of stale that has an interest in the matter; and (d) must afford the applicant an opportunity to m a ke representations on any adverse statements or objections to the application. (2) An applicant must lake appropriate steps to bring the application lo ihe aitention of relevant organs of stale, interested persons and the public. (3) T he sieps c o n t e m p l a t ed in subsection (2) must include the publication of a notice in the area in which the waste m a n a g e m e nt in at least two n e w s p a p e rs circulating activity applied for is to be carried out. (4) T he notice c o n t e m p l a t ed in subsection (3) m u s t— (a) (b) (c) (d) (c) describe the nature and purpose of the waste m a n a g e m e nt licence applied for; give particulars of the waste m a n a g e m e nt activity, including the place w h e re ii is or is to be carried out; stale where further obtained; representations on, or stating a reasonable period within which written objections to. the application m ay be submitted, and the address or place where representations or objections must be submitted; and contain such other particulars as the licensing authority may require. information on the waste m a n a g e m e nt activity can be F a c t o rs to be t a k en into a c c o u nt by licensing authority