Environment Conservation Amendment Act

1. The following section is hereby substituted for section 20 of the Environment 5 Conservation Act, 1989 (hereinafter referred to as the principal Act): “Waste management 20. (1) No person may establish, provide or operate a disposal site without a permit issued by the Minister in terms of subsections (1) to (9). ( 2 ) A person who wishes to provide or operate a disposal site must apply for a permit referred to in subsection (1) in the prescribed form, supplying such information as may be prescribed. (3) The Minister may- ( a ) issue a permit subject to such conditions as he or she considers fit; ( b ) alter or cancel any permit or condition in a permit; ( c ) refuse to issue a permit. (4) The Minister may exempt any person or category of persons from having to obtain a permit, subject to such conditions as he or she considers fit. 10 1.5 (5) The Minister may require further information from the applicant for 20 the purpose of enabling him or her to make a decision on an application. (6) The issuing of a waste disposal site permit is subject to- ( a ) the concurrence of the Minister of Water Affairs and Forestry; and ( b ) the inclusion therein of the conditions contained in a Record of Decision issued by the Minister of Water Affairs and Forestry regarding any measures that the Minister of Water Affairs and Forestry 25

4 No. :!6023 GAZETTE, GOVERNMENT 18 FEBRUARY 2004 Act No. 50,2003 ENVIRONMENT CONSERVATION AMENDMENT ACT, 2003 considers necessary to protect a water resource as defined in the National Water Act, 1998 (Act No. 36 of 1998); (c) In the event of concurrence or conditions not being obtained as contemplated in paragraphs ( a ) and ( b ) within a reasonable time the matter shall be referred to the Fair Decision Making and Conflict Management provisions contained in Chapter 4, sections 17 to 22, of the National Environmental Management Act, 1998 (Act No. 107 of 1998), by the Minister. (7) The Minister must maintain a register in which details of every 5 disposal site for which a permit has been issued shall be recorded. 10 (8) The Minister may, by notice in the Gazette, issue directions with regard t o - ( a ) the control and management of disposal sites in general; (b) the control and management of certain disposal sites or disposal sites (c) handling particular types of waste; and the procedure to be followed before withdrawn from use or utilized for another purpose. any disposal site may be 15 (9) Subject to the provisions of any other law, no person shall discard waste or dispose of it in any other manner, except- ( a ) at a disposal site for which a permit has been issued in terms of this 20 section; or (b) in a manner or by means of a facility or method and subject to such conditions as the Minister may prescribe. (10) Anything done in terms of this section by the Minister of Water Affairs and Forestry prior to the commencement of the Environment Conservation Amendment Act, 2003, shall be deemed to have been done by the Minister.”. 25 Amendment of section 24 of Act 73 of 1989 as substituted by section 13 of Act 79 of 1992

2. Section 24 of the principal Act is hereby amended by the addition of the following 30 paragraph: ‘‘(&the imposition of compulsory charging, deposits or related financial measures on waste types or specified items in waste types with the concurrence of the Minister of Finance.”. of Insertion in sections 24B 24C and Act 73 of 1989 35

3. The following sections are hereby inserted in the principal Act after section 24A: “Regulations regarding products

24B. The Minister may make regulations with regard to the prohibition, control, sale, distribution, import or export of products that may have a substantial detrimental effect on the environment or on human health. 40 Procedure for making regulations 24C. (1) Before making a regulation under section 24(1) or 24B, the Minister must- ( a ) publish a notice in the Gazette setting out the draft regulations; (b) notify the Presiding Officer of both Houses of Parliament of such 45 (c) publication; and invite written comments on the draft regulations to be submitted to the Minister within a period of 30 days of publication of such notice. (2) Prior t%publishing final regulations the Minister must consider the comments referred to in subsection (1). 50 (3) Any regulation made under section 24(1) or 24B is not subject to the publication for comment requirements contained in section 32.”. 6 No. 26023 GOVERNMENT GAZETTE, 18 FEBRUARY 2004 Act No. 50,2003 ENVIRONMENT CONSERVATION AMENDMENT ACT, 2003 Short title and commencement 4. (1) This Act is called the Environment Conservation Amendment Act, 2003. (2) Section 1 comes into effect on a date determined by the President by proclamation in the Gazette.