National Environmental Management: Waste Act, 2008

Act 59 of 2008

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Act 59 of 2008
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South Africa

National Environmental Management: Waste Act, 2008

Act 59 of 2008

  • Published in Government Gazette 32000 on 10 March 2009
  • Assented to on 6 March 2009
  • There are multiple commencements
    • Provisions Status
    Chapter 1 (section 1–5); Chapter 2 (section 6–9); Chapter 3 (section 10–13); Chapter 4, Part 1 (section 14–15); Part 2 (section 16); Part 3 (section 17–18); Part 4 (section 19–20); Part 5 (section 21–25); Part 6 (section 26–27); Part 7, section 28(1), 28(2), 28(3), 28(4), 28(5), 28(6), 28(7)(b), section 29, section 30–34; Part 9 (section 42); Chapter 5, section 43–45, section 47–59; Chapter 6 (section 60–64); Chapter 7 (section 65–68); Chapter 8 (section 69–78); Chapter 9 (section 79–84) commenced on 1 July 2009 by Proclamation 34 of 2009.
    Chapter 4, Part 8 (section 35–41) commenced on 2 May 2014 by Proclamation 26 of 2014.
    Chapter 3A (section 13A–13B); Chapter 4, Part 7, section 28(1A), section 32(5A); Part 7A (section 34A–34L); Chapter 8, Part 1, section 69A commenced on 2 June 2014 by Act 26 of 2014.
    Chapter 4, Part 4, section 20A; Chapter 5, section 43(1A), 43(1B), section 43A; Chapter 8, Part 1, section 69(1)(iA); Chapter 9, section 79A commenced on 2 September 2014 by Act 25 of 2014.
    Chapter 5, section 43(3)(aA), 43(4), section 54(2A); Chapter 7, section 67(1)(fA); Chapter 8, Part 1, section 71(2A); Part 3, section 74(1)(a), 74(1)(b), 74(1)(c) commenced on 30 June 2023.
    Chapter 4, Part 7, section 28(7)(a); Chapter 5, section 46 not yet commenced.
  • [This is the version of this document from 30 June 2023.]
  1. [Amended by National Environmental Management Laws Amendment Act, 2013 (Act 14 of 2013) on 24 July 2013]
  2. [Amended by National Environmental Management: Waste Amendment Act, 2014 (Act 26 of 2014) on 2 June 2014]
  3. [Amended by National Environmental Management Laws Amendment Act, 2014 (Act 25 of 2014) on 2 September 2014]
  4. [Amended by National Environmental Management Laws Amendment Act, 2022 (Act 2 of 2022) on 30 June 2023]
[Note: the following term was substituted throughout this Act by section 83 of Act 2 of 2022; "Minister responsible for water affairs" for ‘‘Minister of Water Affairs and Forestry’’.](English text signed by the President)ACTTo reform the law regulating waste management in order to protect health and the environment by providing reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically sustainable development; to provide for institutional arrangements and planning matters; to provide for national norms and standards for regulating the management of waste by all spheres of government; to provide for specific waste management measures; to provide for the licensing and control of waste management activities; to provide for the remediation of contaminated land; to provide for the national waste information system; to provide for compliance and enforcement; and to provide for matters connected therewith.
WHEREAS everyone has the constitutional right to have an environment that is not harmful to his or her health and to have the environment protected for the benefit of present and future generations through reasonable legislative and other measures that–(a)prevent pollution and ecological degradation;(b)promote conservation; and(c)secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development;AND WHEREAS waste management practices in many areas of the Republic are not conducive to a healthy environment and the impact of improper waste management practices are often borne disproportionately by the poor;AND WHEREAS poor waste management practices can have an adverse impact both locally and globally;AND WHEREAS sustainable development requires that the generation of waste is avoided, or where it cannot be avoided, that it is reduced, re-used, recycled or recovered and only as a last resort treated and safely disposed of;AND WHEREAS the minimisation of pollution and the use of natural resources through vigorous control, cleaner technologies, cleaner production and consumption practices, and waste minimisation are key to ensuring that the environment is protected from the impact of waste;AND WHEREAS waste under certain circumstances is a resource and offers economic opportunities;AND WHEREAS waste and management practices relating to waste are matters that–require national legislation to maintain essential national standards;in order to be dealt with effectively, require uniform norms and standards that apply throughout the Republic; andin order to promote and give effect to the right to an environment that is not harmful to health and well-being, have to apply uniformly throughout the Republic; andrequire strategies, norms and standards which seek to ensure best waste practices within a system of co-operative governance,BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:–

Chapter 1
Interpretation and principles

1. Definitions

In this Act, unless the context indicates otherwise–“acceptable exposure” means the exposure of the maximum permissible concentration of a substance to the environment that will have a minimal negative effect on health or the environment;"associated structures and infrastructure" means any building or infrastructure that is necessary for the functioning of a facility or waste management activity or that is used for an ancillary service or use from the facility;[definition of "associated structures and infrastructure" substituted by section 61(a) of Act 2 of 2022]“best practicable environmental option” means the option that provides the most benefit or causes the least damage to the environment as a whole, at a cost acceptable to society, in the long term as well as in the short term;"building and demolition waste" means waste, excluding hazardous waste, produced during the construction, alteration, repair or demolition of any structure, and includes rubble, earth, rock and wood displaced during that construction, alteration, repair or demolition;[definition of "building and demolition waste" deleted by section 1(b) of Act 26 of 2014 and inserted by section 61(b) of Act 2 of 2022]"business waste" means waste that emanates from premises that are used wholly or mainly for commercial, retail, wholesale, entertainment or government administration purposes;[definition of "business waste" deleted by section 1(b) of Act 26 of 2014 and inserted by section 61(b) of Act 2 of 2022]“by-product” [definition of "by-product" deleted by section 1(a) of Act 26 of 2014]“clean production” means the continuous application of integrated preventative environmental strategies to processes, products and services to increase overall efficiency and to reduce the impact of such processes, procedures and services on health and the environment;“commence” means the start of any physical activity, including site preparation or any other activity on the site in furtherance of a waste management activity, but does not include any activity required for investigation or feasibility study purposes as long as such investigation or feasibility study does not constitute a waste management activity;“Constitution” means the Constitution of the Republic of South Africa, 1996;“container” means a disposable or re-usable vessel in which waste is placed for the purposes of storing, accumulating, handling, transporting, treating or disposing of that waste, and includes bins, bin-liners and skips;“contaminated”, in relation to Part 8 of Chapter 4, means the presence in or under any land, site, buildings or structures of a substance or micro-organism above the concentration that is normally present in or under that land, which substance or micro-organism directly or indirectly affects or may affect the quality of soil or the environment adversely;“decommissioning”, in relation to waste treatment, waste transfer or waste disposal facilities, means the planning for and management and remediation of the closure of a facility that is in operation or that no longer operates;“Department” means the Department responsible for environmental affairs;[definition of "Department" substituted by section 1(c) of Act 26 of 2014]“disposal” means the burial, deposit, discharge, abandoning, dumping, placing or release of any waste into, or onto, any land;"domestic waste" means waste, excluding hazardous waste, that emanates from premises that are used wholly or mainly for residential, educational, health care, sport or recreation purposes;[definition of "domestic waste" deleted by section 1(b) of Act 26 of 2014 and inserted by section 61(d) of Act 2 of 2022]"employment practice" has the meaning assigned to it in section 1 of the Public Service Act, 1994;[definition of "employment practice" inserted by section 1(d) of Act 26 of 2014]“environment” has the meaning assigned to it in section 1 of the National Environmental Management Act;“Environment Conservation Act” means the Environment Conservation Act, 1989 (Act No. 73 of 1989);“environmentally sound management” means the taking of all practicable steps to ensure that waste is managed in a manner that will protect health and the environment;“export” means to take or send waste from the Republic to another country or territory;“extended producer responsibility measures” means measures that extend a person’s financial or physical responsibility for a product to the post-consumer stage of the product, and includes–(a)waste minimisation programmes;(b)financial arrangements for any fund that has been established to promote the reduction, re-use, recycling and recovery of waste;(c)awareness programmes to inform the public of the impacts of waste emanating from the product on health and the environment; and(d)any other measures to reduce the potential impact of the product on health and the environment;“Gazette”, when used in relation to–(a)the Minister, means the Government Gazette, and(b)the MEC, means the Provincial Gazette of the province concerned;"general waste" means waste that does not pose an immediate hazard or threat to health or to the environment, and includes—(a)domestic waste;(b)building and demolition waste;(c)business waste;(d)inert waste; or(e)any waste classified as non-hazardous waste in terms of the regulations made under section 69;[definition of "general waste" deleted by section 1(b) of Act 26 of 2014 and inserted by section 61(e) of Act 2 of 2022]"hazardous waste" means any waste that contains organic or inorganic elements or compounds that may, owing to the inherent physical, chemical or toxicological characteristics of that waste, have a detrimental impact on health and the environment;[definition of "hazardous waste" deleted by section 1(b) of Act 26 of 2014 and inserted by section 61(f) of Act 2 of 2022]“high-risk activity” means an undertaking, including processes involving substances that present a likelihood of harm to health or the environment;“holder of waste” means any person who imports, generates, stores, accumulates, transports, processes, treats, or exports waste or disposes of waste;“import” means any entry into the Republic other than entry for transit;“incineration” means any method, technique or process to convert waste to flue gases and residues by means of oxidation;“industry” includes commercial activities, commercial agricultural activities, mining activities and the operation of power stations;“industry waste management plan” means a plan referred to in Part 7 of Chapter 4;"inert waste" means waste that—(a)does not undergo any significant physical, chemical or biological transformation after disposal;(b)does not burn, react physically or chemically biodegrade or otherwise adversely affect any other matter or environment with which it may come into contact; and(c)does not impact negatively on the environment, because of its pollutant content and because the toxicity of its leachate is insignificant.[definition of "inert waste" deleted by section 1(b) of Act 26 of 2014 and inserted by section 61(g) of Act 2 of 2022]“integrated waste management plan” means a plan prepared in terms of section 12;“investigation area” means an area identified as such in terms of section 37;“licensing authority” means an authority referred to in section 43 and that is responsible for implementing the licensing system provided for in Chapter 5;“life cycle assessment” means a process where the potential environmental effects or impacts of a product or service throughout the life of that product or service is being evaluated;“MEC” means the Member of the Executive Council of a province who is responsible for waste management in the province;"Mineral and Petroleum Resources Development Act, 2002" means the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);[definition of "Mineral and Petroleum Resources Development Act, 2002" inserted by section 18(a) of Act 25 of 2014]“minimisation”, when used in relation to waste, means the avoidance of the amount and toxicity of waste that is generated and, in the event where waste is generated, the reduction of the amount and toxicity of waste that is disposed of;“Minister” means the Minister responsible for environmental affairs;[definition of "Minister" substituted by section 1(e) of Act 26 of 2014]“municipality” means a municipality established in terms of the Local Govern­ment: Municipal Structures Act, 1998 (Act No. 117 of 1998);“Municipal Systems Act” means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);“National Environmental Management Act” means the National Environmental Management Act, 1998 (Act No. 107 of 1998);“non-substantive”, in relation to the amendment or substitution of a regulation, notice, strategy, licence, approval, or provision thereof, includes–(a)any clerical mistake, unintentional error or omission;(b)the correction of any miscalculated figure; and(c)the correction of any incorrect description of any person, thing, property or waste management activity;“organ of state” has the meaning assigned to it in section 239 of the Constitution;“person” has the meaning assigned to it in the Interpretation Act, 1957 (Act No. 33 of 1957), and includes an organ of state;“pollution” has the meaning assigned to it in section 1 of the National Environmental Management Act;“prescribe” means prescribe by regulation under this Act;“priority waste” means a waste declared to be a priority waste in terms of section 14;"recovery" means the controlled extraction or retrieval of energy, or material from waste;[definition of "recovery" substituted by section 1(f) of Act 26 of 2014 and by section 61(h) of Act 2 of 2022]“recycle” means 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;"residue deposit" has the meaning assigned to it in section 1 of the Mineral and Petroleum Resources Development Act, 2002;[definition of "residue deposit" inserted by section 18(b) of Act 25 of 2014 and by section 61(i) of Act 2 of 2022]"residue stockpile" has the meaning assigned to it in section 1 of the Mineral and Petroleum Resources Development Act, 2002;[definition of "residue stockpile" inserted by section 18(b) of Act 25 of 2014 and by section 61(i) of Act 2 of 2022]"residue deposits" [definition of "residue deposits" deleted by section 1(b) of Act 26 of 2014]"residue stockpiles" [definition of "residue stockpiles" deleted by section 1(b) of Act 26 of 2014]“re-use” means to utilise the whole, a portion of or a specific part of any substance, material or object from the waste stream for a similar or different purpose without changing the form or properties of such substance, material or object;[definition of "re-use" substituted by section 1(g) of Act 26 of 2014]“specific environmental management Act” has the meaning assigned to it in section 1 of the National Environmental Management Act;“storage” means the accumulation of waste in a manner that does not constitute treatment or disposal of that waste;“sustainable development” has the meaning assigned to it in section 1 of the National Environmental Management Act;"the Bureau" means the Waste Management Bureau established by section 34A;[definition of "the Bureau" inserted by section 1(h) of Act 26 of 2014]“this Act” includes–(a)any regulations made in terms of this Act;(b)any notice or other subordinate legislation issued or made in terms of this Act; and(c)any regulation or direction that remains in force in terms of section 81;“transit” means the continuous passage from one border of the Republic to another such border without storage other than temporary storage incidental to transport;“treatment” means any method, technique or process that is designed to–(a)change the physical, biological or chemical character or composition of a waste; or(b)remove, separate, concentrate or recover a hazardous or toxic component of a waste; or(c)destroy or reduce the toxicity of a waste,in order to minimise the impact of the waste on the environment prior to further use or disposal;“waste” means–(a)any substance, material or object, that is unwanted, rejected, abandoned, discarded or disposed of, or that is intended or required to be discarded or disposed of, by the holder of that substance, material or object, whether or not such substance, material or object can be re-used, recycled or recovered and includes all wastes as defined in Schedule 3 to this Act; or(b)any other substance, material or object that is not included in Schedule 3 that may be defined as a waste by the Minister by notice in the Gazette,but any waste or portion of waste, referred to in paragraphs (a) and (b), ceases to be a waste–(i)once an application for its re-use, recycling or recovery has been approved or, after such approval, once it is, or has been re-used, recycled or recovered;(ii)where approval is not required, once a waste is, or has been re-used, recycled or recovered;(iii)where the Minister has, in terms of section 74, exempted any waste or a portion of waste generated by a particular process from the definition of waste; or(iv)where the Minister has, in the prescribed manner, excluded any waste stream or a portion of a waste stream from the definition of waste;[definition of "waste" substituted by section 38 of Act 14 of 2013 and by section 1(i) of Act 26 of 2014]“waste disposal facility” means any site or premise used for the accumulation of waste with the purpose of disposing of that waste at that site or on that premise;“waste management activity” means any activity listed in Schedule 1 or published by notice in the Gazette under section 19, and includes–(a)the importation and exportation of waste;(b)the generation of waste, including the undertaking of any activity or process that is likely to result in the generation of waste;(c)the accumulation and storage of waste;(d)the collection and handling of waste;(e)the reduction, re-use, recycling and recovery of waste;(f)the trading in waste;(g)the transportation of waste;(h)the transfer of waste;(i)the treatment of waste; and(j)the disposal of waste;“waste management control officer” means a waste management control officer designated under section 58(1);“waste management licence” means a licence issued in terms of section 49;“waste management officer” means a waste management officer designated in terms of section 10;“waste management services” means waste collection, treatment, recycling and disposal services;“waste minimisation programme” means a programme that is intended to promote the reduced generation and disposal of waste;“waste transfer facility” means a facility that is used to accumulate and temporarily store waste before it is transported to a recycling, treatment or waste disposal facility;“waste treatment facility” means any site that is used to accumulate waste for the purpose of storage, recovery, treatment, reprocessing, recycling or sorting of that waste.

2. Objects of Act

The objects of this Act are–
(a)to protect health, well-being and the environment by providing reasonable measures for–
(i)minimising the consumption of natural resources;
(ii)avoiding and minimising the generation of waste;
(iii)reducing, re-using, recycling and recovering waste;
(iv)treating and safely disposing of waste as a last resort;
(v)preventing pollution and ecological degradation;
(vi)securing ecologically sustainable development while promoting justifi­able economic and social development;
(vii)promoting and ensuring the effective delivery of waste services;
(viii)remediating land where contamination presents, or may present, a significant risk of harm to health or the environment; and
(ix)achieving integrated waste management reporting and planning;
(b)to ensure that people are aware of the impact of waste on their health, well-being and the environment;
(c)to provide for compliance with the measures set out in paragraph (a); and
(d)generally, to give effect to section 24 of the Constitution in order to secure an environment that is not harmful to health and well-being.

3. General duty of State

In fulfilling the rights contained in section 24 of the Constitution, the State, through the organs of state responsible for implementing this Act, must put in place uniform measures that seek to reduce the amount of waste that is generated and, where waste is generated, to ensure that waste is re-used, recycled and recovered in an environmentally sound manner before being safely treated and disposed of.

4. Application of Act

(1)This Act does not apply to–
(a)radioactive waste that is regulated by the Hazardous Substances Act, 1973 (Act No. 15 of 1973), the National Nuclear Regulator Act, 1999 (Act No. 47 of 1999), and the Nuclear Energy Act, 1999 (Act No. 46 of 1999);
(b)[paragraph (b) deleted by section 19 of Act 25 of 2014]
(c)the disposal of explosives that is regulated by the Explosives Act, 2003 (Act No. 15 of 2003); or
(d)[paragraph (d) deleted by section 2 of Act 26 of 2014]
(2)This Act binds all organs of state.

5. Application of National Environmental Management Act

(1)This Act must be read with the National Environmental Management Act, unless the context of this Act indicates that the National Environmental Management Act does not apply.
(2)The interpretation and application of this Act must be guided by the national environmental management principles set out in section 2 of the National Environmen­tal Management Act.

Chapter 2
National waste management strategy, norms and standards

Part 1 – National waste management strategy

6. Establishment of national waste management strategy

(1)The Minister must, within two years of the date on which this section takes effect, by notice in the Gazette establish a national waste management strategy for achieving the objects of this Act, which must include–
(a)objectives, plans, guidelines, systems and procedures relating to the protec­tion of the environment and the generation (including the avoidance and minimisation of such generation), re-use, recycling, recovery, treatment, disposal, use, control and management of waste in order to achieve the objects of this Act;
(b)mechanisms, systems and procedures for giving effect to the Republic’s obligations in terms of relevant international agreements;
(c)practical measures for achieving co-operative governance in waste manage­ment matters;
(d)guidance on raising awareness regarding the impact of waste on health and the environment;
(e)approaches for securing compliance with the requirements of this Act, including the monitoring of compliance; and
(f)any other matter that the Minister considers necessary for achieving the objects of this Act.
(2)The national waste management strategy may include targets for waste reduction.
(3)The national waste management strategy–
(a)binds all organs of state in all spheres of government, and all persons if and to the extent applicable; and
(b)may, subject to section 3 of the Intergovernmental Fiscal Relations Act, 1997 (Act No. 97 of 1997), allocate and delineate responsibilities for the implementation of this Act amongst–
(i)the different spheres of government; and
(ii)different organs of state.
(4)An organ of state must give effect to the national waste management strategy when exercising a power or performing a duty in terms of this Act or any other legislation regulating waste management.
(5)The national waste management strategy–
(a)may differentiate between different geographical areas;
(b)may differentiate between different classes or categories of waste;
(c)may provide for the phasing in of its provisions;
(d)may be amended; and
(e)must be reviewed by the Minister at intervals of not more than five years.
(6)Before publishing the national strategy, or any amendment to the strategy, the Minister must follow a consultative process in accordance with sections 72 and 73.
(7)Subsection (6) need not be complied with if the strategy is amended in a non-substantive manner.

Part 2 – National norms and standards, provincial norms and standards and waste service standards

7. National norms and standards

(1)The Minister must, by notice in the Gazette, set national norms and standards for the–
(a)classification of waste;
(b)planning for and provision of waste management services; and
(c)storage, treatment and disposal of waste, including the planning and operation of waste treatment and waste disposal facilities.
(2)The Minister may, by notice in the Gazette, set national norms and standards for–
(a)the minimisation, re-use, recycling and recovery of waste, including the separation of waste at the point of generation;
(b)extended producer responsibility;
(c)the regionalisation of waste management services; and
(d)the remediation of contaminated land and soil quality.
(3)The Minister with the concurrence of the Minister of Finance may, by notice in the Gazette, set national standards in respect of tariffs for waste services provided by municipalities.
(4)The norms and standards contemplated in subsection (1) may–
(a)differentiate between different geographical areas;
(b)differentiate between different classes or categories of waste;
(c)provide for the phasing in of its provisions; and
(d)be amended.
(5)The norms or standards contemplated in subsection (1)(b) may–
(a)differentiate on an equitable basis between–
(i)different users of waste management services; and
(ii)different types of waste management services;
(b)ensure that funds obtained from waste services are used for waste manage­ment services; and
(c)provide for tariffs to be imposed to provide for waste management infrastructure or facilities.
(6)
(a)Before publishing a notice in terms of subsection (1), (2) or (3), or any amendment to the notice, the Minister must follow a consultative process in accordance with sections 72 and 73.
(b)Paragraph (a) need not be complied with if the notice is amended in a non-substantive manner.

8. Provincial norms and standards

(1)The relevant MEC, within his or her jurisdiction, must ensure the implementation of the national waste management strategy and national norms and standards contemplated in sections 6 and 7, respectively.
(2)The relevant MEC, within his or her jurisdiction, may by notice in the Gazette set provincial norms and standards that are not in conflict with national norms and standards contemplated in section 7.
(3)The norms and standards contemplated in subsection (2) must amongst other things facilitate and advance–
(a)planning and provision of waste management services;
(b)regionalisation of waste management services within the province;
(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 economy; and
(d)treatment and disposal of waste, including the planning and operation of waste treatment and waste disposal facilities, licenced by provincial authorities.
(4)The norms and standards contemplated in subsection (2) may–
(a)differentiate between different geographical areas in the province;
(b)differentiate between different classes or categories of waste;
(c)provide for the phasing in of its provisions; and
(d)be amended.
(5)
(a)Before publishing a notice in terms of subsection (2), or any amendment to the notice, the MEC must follow a consultative process in accordance with sections 72 and 73.
(b)Paragraph (a) need not be complied with if the notice is amended in a non-substantive manner.

9. Waste service standards

(1)A municipality must exercise its executive authority to deliver waste management services, including waste removal, waste storage and waste disposal services, in a manner that does not conflict with section 7 or 8 of this Act.
(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, by–
(a)adhering to all national and provincial norms and standards;
(b)integrating its waste management plans with its integrated development plans;
(c)ensuring access for all to such services;
(d)providing such services at an affordable price, in line with its tariff policy referred to in Chapter 8 of the Municipal Systems Act;
(e)ensuring sustainable services through effective and efficient management;
(f)keeping separate financial statements, including a balance sheet of the services provided.
(3)In exercising its executive authority contemplated in subsection (1), a municipal­ity may furthermore, amongst other things, set–
(a)local standards for the separation, compacting and storage of solid waste that is collected as part of the municipal service or that is disposed of at a municipal waste disposal facility;
(b)local standards for the management of solid waste that is disposed of by the municipality or at a waste disposal facility owned by the municipality, including requirements in respect of the avoidance and minimisation of the generation of waste and the re-use, recycling and recovery of solid waste;
(c)local standards in respect of the directing of solid waste that is collected as part of the municipal service or that is disposed of by the municipality or at a municipal waste disposal facility to specific waste treatment and disposal facilities; and
(d)local standards in respect of the control of litter.
(4)Whenever the Minister or MEC acts in terms of this Act in relation to a municipality, the Minister or MEC must seek to support and strengthen the municipality’s ability or right to perform its functions in relation to waste management activities.
(5)
(a)Whenever a municipality intends passing a by-law so as to give effect to subsection (1), it must follow a consultative process provided for in Chapter 4 of the Municipal Systems Act.
(b)Paragraph (a) need not be complied with if the by-law is amended in a non-substantive manner.

Chapter 3
Institutional and planning matters

10. Designation of waste management officers

(1)The Minister must designate in writing an officer in the Department as the national waste management officer responsible for co-ordinating matters pertaining to waste management in the national government.
(2)The MEC must designate in writing an officer in the provincial administration as the provincial waste management officer responsible for co-ordinating matters pertaining to waste management in that province.
(3)Each municipality authorised to carry out waste management services by the Municipal Structures Act, 1998 (Act No. 117 of 1998), must designate in writing a waste management officer from its administration to be responsible for co-ordinating matters pertaining to waste management in that municipality.
(4)A power delegated or a duty assigned to a waste management officer by virtue of subsection (1), (2) or (3) may be subdelegated or further assigned by that officer to another official in the service of the same administration, subject to such limitations or conditions as may be determined by the Minister, MEC or municipality, respectively.
(5)Waste management officers must co-ordinate their activities with other waste management activities in the manner set out in the national waste management strategy established in terms of section 6 or determined by the Minister by notice in the Gazette.

11. Certain organs of state to prepare integrated waste management plans

(1)The provincial departments responsible for waste management must prepare integrated waste management plans.[subsection (1) substituted by section 3(a) of Act 26 of 2014]
(2)A provincial department may incorporate its integrated waste management plan in any relevant provincial plan.
(3)[subsection (3) deleted by section 3(b) of Act 26 of 2014]
(4)
(a)Each municipality must–
(i)submit its integrated waste management plan to the MEC for endorsement; and[subparagraph (i) substituted by section 3(c) of Act 26 of 2014]
(ii)include the endorsed integrated waste management plan in its integrated development plan contemplated in Chapter 5 of the Municipal Systems Act.[subparagraph (ii) substituted by section 3(c) of Act 26 of 2014]
(b)The MEC may within 30 days of receiving an integrated waste management plan or an amendment to an integrated waste management plan–
(i)request a municipality to adjust the plan or the amendment in accordance with the MEC’s proposal if the plan or amendment–
(aa)does not comply with a requirement of this Act; or
(bb)is in conflict with, or is not aligned with, or negates any relevant integrated waste management plan or the national waste manage­ment strategy; or
(ii)request a municipality to comply with a specific provision of this Act relating to the process of drafting or amending integrated waste manage­ment plans if the municipality has failed to comply with the process or provision; or
(iii)approve the plan or amendment.
(5)The provincial departments contemplated in subsection (1) must submit their integrated waste management plans to the Minister for endorsement.[subsection (5) substituted by section 3(d) of Act 26 of 2014]
(6)When exercising the power to monitor and support a municipality as contemplated in section 31 of the Municipal Systems Act, the MEC for local government, in consultation with the MEC, must ensure that the municipal integrated waste management plan is co-ordinated and aligned with the plans, strategies and programmes of the Department and provincial departments.
(7)
(a)Before finalising an integrated waste management plan, every provincial department contemplated in subsection (1) must follow a consultative process in accordance with sections 72 and 73.[paragraph (a) substituted by section 3(e) of Act 26 of 2014]
(b)[paragraph (b) deleted by section 3(f) of Act 26 of 2014]
(8)Subsection (7) need not be complied with if the integrated waste management plan is amended in a non-substantive manner.

12. Contents of integrated waste management plans

(1)An integrated waste management plan must at least–
(a)contain a situation analysis that includes–
(i)a description of the population and development profiles of the 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 the collection, minimisation, re-use, recycling and recovery, treatment and disposal of waste; and
(iv)the number of persons in the area who are not receiving waste collection services;
(b)within the domain of the provincial department or municipality, set out how that provincial department or municipality intends–[words preceding subparagraph (i) substituted by section 4(a) of Act 26 of 2014]
(i)to give effect, in respect of waste management, to Chapter 3 of the National Environmental Management Act;
(ii)to give effect to the objects of this Act;
(iii)to identify and address the negative impact of poor waste management practices on health and the environment;
(iv)to provide for the implementation of waste minimisation, re-use, recycling and recovery targets and initiatives;
(v)in the case of a municipal integrated waste management plan, to address the delivery of waste management services to residential premises;
(vi)to implement the Republic’s obligations in respect of any relevant international agreements;
(vii)to give effect to best environmental practice in respect of waste management;
(c)within the domain of the provincial department, set out how the provincial department intends to identify the measures that are required and that are to be implemented to support municipalities to give effect to the objects of this Act;[paragraph (c) substituted by section 4(b) of Act 26 of 2014]
(d)set out the priorities and objectives of the provincial department or municipality in respect of waste management;[paragraph (d) substituted by section 4(b) of Act 26 of 2014]
(e)establish targets for the collection, minimisation, re-use and recycling of waste;
(f)set out the approach of the provincial department or municipality to the planning of any new facilities for disposal and decommissioning of existing waste disposal facilities;[paragraph (f) substituted by section 4(c) of Act 26 of 2014]
(g)indicate the financial resources that are required to give effect to the plan;
(h)describe how the provincial department or municipality intends to give effect to its integrated waste management plan; and[paragraph (h) substituted by section 4(d) of Act 26 of 2014]
(i)comply with the requirements prescribed by the Minister.
(2)In the preparation of an integrated waste management plan the provincial departments must give proper effect to the requirements contained in Chapter 5 of the Municipal Systems Act, insofar as such plan affects a municipality.[subsection (2) substituted by section 4(e) of Act 26 of 2014]

13. Reporting on implementation of integrated waste management plans

(1)Annual performance reports on the implementation of the integrated waste management plans must, in the case of a provincial department, be submitted to the MEC for approval and to the Minister for endorsement.[subsection (1) substituted by section 5(a) of Act 26 of 2014]
(2)The annual performance report that the provincial department must submit in terms of subsection (1) must contain information on the implementation of its integrated waste management plan, including information on–[words preceding paragraph (a) substituted by section 5(b) of Act 26 of 2014]
(a)the extent to which the plan has been implemented during the period;
(b)the waste management initiatives that have been undertaken during the reporting period;
(c)the delivery of waste management services and measures taken to secure the efficient delivery of waste management services, if applicable;
(d)the level of compliance with the plan and any applicable waste management standards;
(e)the measures taken to secure compliance with waste management standards;
(f)the waste management monitoring activities;
(g)the actual budget expended on implementing the plan;
(h)the measures that have been taken to make any necessary amendments to the plan;
(i)in the case of a province, the extent to which municipalities comply with the plan and, in the event of any non-compliance with the plan, the reasons for such non-compliance; and
(j)any other requirements as may be prescribed by the Minister.
(3)The annual performance report prepared in terms of section 46 of the Municipal Systems Act must contain information on the implementation of the municipal integrated waste management plan, including the information set out in paragraphs (a) to (j) of subsection (2) insofar as it relates to the performance of the municipality.
(4)Despite subsections (1) and (2), the Minister may specify in writing a different mechanism for the reporting on integrated waste management plans if necessary to improve the co-ordination of waste management.

Chapter 3A
Financial provisions

[Chapter 3A inserted by section 6 of Act 26 of 2014]

Waste management charges

13A. Pricing strategy for waste management charges

(1)The Minister must, with the concurrence of the Minister of Finance, by notice in the Gazette, publish a pricing strategy, contemplated in subsection 13A(5)(b), to achieve the objectives of this Act in relation to waste management or any waste stream, within three months of the commencement of this Act.
(2)The pricing strategy is to contain the basis and a guiding methodology or methodologies for setting waste management charges, including for the funding of–
(a)the implementation of industry waste management plans for those activities that generate specific waste streams;
(b)the re-use, recycling or recovery of waste in previously disadvantaged communities;
(c)the identification, further development and promotion of best practices in the minimisation, re-use, recycling and recovery of waste;
(d)implementation of approved guidelines, norms and standards for the minimisation, re-use, recycling and recovery of waste;
(e)the monitoring of the implementation and impact of industry waste management plans;
(f)the creation and the monitoring of the impacts of incentives and disincentives for the minimisation, re-use, recycling and recovery of waste; or
(g)the management of the disbursements of incentives for the minimisation, re-use, recycling and recovery of waste.
(3)The pricing strategy may differentiate–
(a)in respect of different geographic areas, including on the basis of–
(i)socio-economic aspects within the area in question;
(ii)the physical attributes of each area; or
(iii)the demographic attributes of each area; or
(b)in respect of different types of uses, including on the basis of:
(i)the manner in which the waste is generated or disposed of;
(ii)whether it is re-used, recycled or recovered; or
(iii)whether any previously disadvantaged group is impacted upon or derives any benefit therefrom.
(4)The pricing strategy may provide for a differential rate for waste management charges, including on the basis of–
(a)the characteristics of the waste disposed of;
(b)the volume of the waste disposed of;
(c)the toxicity of the waste disposed of;
(d)the nature and extent of the impact on the environment caused by the waste disposed of; or
(e)the extent of approved deviation from prescribed waste standards or management practices.
(5)
(a)Before setting a pricing strategy for waste management charges under subsection (1) the Minister must publish a notice in the Gazette–
(i)setting out the proposed pricing strategy;
(ii)inviting written comments to be submitted on the proposed strategy, specifying an address to which and a date before which the comments are to be submitted, which date may not be earlier than 60 days after publication of the notice; and
(iii)consider what further steps, if any, are appropriate to bring the contents of the notice to the attention of interested persons, and take those steps which the Minister considers to be appropriate; and
(b)the Minister must consider all comments received on or before the date specified in the notice before publishing the final notice in the Gazette, within 30 days of the date contemplated in paragraph (5)(a)(ii).
[section 13A inserted by section 6 of Act 26 of 2014]

13B. Application of pricing strategy

An Act of Parliament, to give effect to necessary elements of the pricing strategy contemplated in section 13A, is to be tabled in accordance with the provisions of section 77 of the Constitution, within 3 months of the publication of the pricing strategy contemplated in section 13A(5)(b) in the Gazette, including detail on–
(a)the imposition of waste management charges;
(b)the determination of waste management charges and the review of these waste management charges from time to time;
(c)procedures for the collection through the national fiscal system; and
(d)procedures for the appropriation and allocation of such funds referred to in paragraph (c) for the work of the Bureau and the implementation of any approved industry waste management plan for a specific waste stream as outlined in this Act.
[section 13B inserted by section 6 of Act 26 of 2014]

Chapter 4
Waste management measures

Part 1 – Priority wastes

14. Declaration of priority wastes

(1)The Minister may, by notice in the Gazette, declare a waste to be a priority waste if the Minister on reasonable grounds believes that the waste poses a threat to health, well-being or the environment because of the quantity or composition of the waste and–
(a)that specific waste management measures are required to address the threat; or
(b)that the imposition of specific waste management measures in respect of the waste may improve reduction, re-use, recycling and recovery rates or reduce health and environmental impacts.
(2)The MEC 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 (1) or (2) of a waste as a priority waste is likely to have a significant impact on the national economy, such declaration may only be made 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 management measures that must be taken.
(5)The measures contemplated in subsection (4) may include–
(a)a requirement for identified persons falling within a category of persons to prepare an industry waste management plan in terms of section 28 in respect of the declared priority waste;
(b)a prohibition on the generation of the priority waste;
(c)measures for the management of the priority waste;
(d)measures for the minimisation, storage, re-use, recycling and recovering, treatment and disposal of the priority waste;
(e)requirements for the registration and monitoring of, and reporting on, priority waste; and
(f)any other measures that the Minister believes are necessary to manage the threat that is presented by the waste or to achieve the objects of this Act.
(6)
(a)Before publishing a notice in terms of subsection (1), or any amendment to the notice, the Minister must consult with a person or category of persons that may be affected by the notice, and follow a consultative process in accordance with sections 72 and 73.
(b)Paragraph (a) need not be complied with if the notice is amended in a non-substantive manner.

15. Consequences of declaration of priority wastes

(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 waste or product complies with–
(a)the waste management measures contemplated in section 14(4);
(b)an industrial waste management plan which has been submitted in accordance with the requirements of a notice referred to section 28 or 29; or
(c)any other requirement in terms of this Act.
(2)No person may recycle, recover, treat or dispose of a priority waste unless it is in accordance with this Act and the waste management measures contemplated in section 14(4).

Part 2 – General duty

16. General duty in respect of waste management

(1)A holder of waste must, within the holder’s power, take all reasonable measures to–
(a)avoid the generation of waste and where such generation cannot be avoided, to minimise the toxicity and amounts of waste that are generated;
(b)reduce, re-use, recycle and recover waste;
(c)where waste must be disposed of, ensure that the waste is treated and disposed of in an environmentally sound manner;
(d)manage the waste in such a manner that it does not endanger health or the environment or cause a nuisance through noise, odour or visual impacts;
(e)prevent any employee or any person under his or her supervision from contravening this Act; and
(f)prevent the waste from being used for an unauthorised purpose.
(2)Any person who 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 waste on health and the environment.
(3)The measures contemplated in this section may include measures to–
(a)investigate, assess and evaluate the impact of the waste in question on health or the environment;
(b)cease, modify or control any act or process causing the pollution, environ­mental degradation or harm to health;
(c)comply with any norm or standard or prescribed management practice;
(d)eliminate any source of pollution or environmental degradation; and
(e)remedy the effects of the pollution or environmental degradation.
(4)The Minister or MEC may issue regulations to provide guidance on how to discharge this duty or identify specific requirements that must be given effect to, after following a consultative process in accordance with sections 72 and 73.
(5)Subsection (4) need not be complied with if the regulation is amended in a non-substantive manner.

Part 3 – Reduction, re-use, recycling and recovery of waste

17. Reduction, re-use, recycling and recovery of waste

(1)Unless otherwise provided for in this Act, any person who undertakes an activity involving the reduction, re-use, recycling or recovery of waste must, before undertaking that activity, ensure that the reduction, re-use, recycling or recovery of the waste–
(a)uses less natural resources than disposal of such waste; and
(b)to the extent that it is possible, is less harmful to the environment than the disposal of such waste.
(2)The Minister may, after consultation with the Minister of Trade and Industry and by notice in the Gazette, require any person or category of persons to–
(a)provide for the reduction, re-use, recycling and recovery of products or components of a product manufactured or imported by that person; or
(b)include a determined percentage of recycled material in a product that is produced, imported or manufactured by that person or category of persons.
(3)
(a)Before publishing a notice in terms of subsection (2), or any amendment to the notice, the Minister must follow a consultative process in accordance with sections 72 and 73.
(b)Paragraph (a) need not be complied with if the notice is amended in a non-substantive manner.

18. Extended producer responsibility

(1)The Minister after consultation with the Minister of Trade and Industry may, in order to give effect to the objects of this Act, by notice in the Gazette–
(a)identify a product or class of products in respect of which extended producer responsibility applies;
(b)specify the extended producer responsibility measures that must be taken in respect of that product or class of products; and
(c)identify the person or category of persons who must implement the extended producer responsibilities measures contemplated in paragraph (b).
(2)The Minister may in a notice under subsection (1) specify–
(a)the requirements in respect of the implementation and operation of an extended producer responsibility programme, including the requirements for the reduction, re-use, recycling, recovery, treatment and disposal of waste;
(b)the financial arrangements of a waste minimisation programme, with the concurrence of the Minister of Finance;
(c)the institutional arrangements for the administration of a waste minimisation programme;
(d)the percentage of products that must be recovered under a waste minimisation programme;
(e)the labelling requirements in respect of waste;
(f)that 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 manner or in accordance with such standards or procedures as may be prescribed; and
(g)the requirements that must be complied with in respect of the design, composition or production of a product or packaging, including a requirement that–
(i)clean production measures be implemented;
(ii)the composition, volume or weight of packaging be restricted; and
(iii)packaging be designed so that it can be reduced, re-used, recycled or recovered.
(3)Before publishing a notice under subsection (1) or any amendment to the notice, the Minister must–
(a)consult affected producers;
(b)follow a consultative process in accordance with sections 72 and 73, unless the notice is amended in a non-substantive manner;
(c)take into account the Republic’s obligations in terms of any applicable international agreements; and
(d)consider relevant scientific information.

Part 4 – Waste management activities

19. Listed waste management activities

(1)The Minister may by notice in the Gazette publish a list of waste management activities that have, or are likely to have, a detrimental effect on the environment.
(2)The Minister may amend the list by–
(a)adding other waste management activities to the list;
(b)removing waste management activities from the list; or
(c)making other changes to the particulars on the list.
(3)A notice referred to in subsection (1)–
(a)must indicate whether a waste management licence is required to conduct the activity or, if a waste management licence is not required, the requirements or standards that must be adhered to when conducting the activity;
(b)may exclude certain quantities or categories of waste or categories of persons from the application of the notice if the waste in question is–
(i)of such a small quantity or temporary nature that it is unlikely to cause pollution to the environment or harm to human health; or
(ii)adequately controlled by other legislation;
(c)may contain transitional and other special arrangements in respect of waste management activities that are carried out at the time of their listing; and
(d)must determine the date on which the notice takes effect.
(4)Until such time as the Minister has published a notice contemplated in subsection (1), Schedule 1 of this Act is applicable.
(5)The MEC, with the concurrence of the Minister, may by notice in the Gazette–
(a)publish a list of waste management activities that have, or are likely to have, a detrimental effect on the environment in the province concerned; and
(b)when necessary, amend the list by–
(i)adding other waste management activities to the list;
(ii)removing waste management activities from the list; or
(iii)making other changes to the particulars on the list.
(6)A list published under subsection (5) by the MEC must include waste management activities listed in Schedule 1 or listed under section (1), if applicable.
(7)A list published under subsection (5) by the MEC applies to the relevant province only.
(8)A notice under subsection (1) or (5)–
(a)may contain transitional and other special arrangements in respect of waste management activities that are carried out at the time of their listing; and
(b)must determine the date on which the notice takes effect.
(9)For the purposes of administrative efficiency, the lists published under subsection (1) or (5) or Schedule 1 may divide the waste management activities into different categories
(10)
(a)Before publishing a notice under subsection (1) or (5), or any amendment to such notice, the Minister or MEC, as the case may be, must follow a consultative process in accordance with sections 72 and 73.
(b)Paragraph (a) need not be complied with if the list contemplated in subsection (1) or (5) is amended in a non-substantive manner.

20. Consequences of listing waste management activities

No person may commence, undertake or conduct a waste management activity, except in accordance with–
(a)the requirements or standards determined in terms of section 19(3) for that activity; or
(b)a waste management licence issued in respect of that activity, if a licence is required.

20A. Prohibited or restricted activities in specified geographical areas

(1)Despite section 19 and in accordance with the risk averse and cautious approach contemplated in section 2(4)(a)(vii) of the National Environmental Management Act, 1998, the Minister may by notice in the Gazette prohibit or restrict the granting of a waste management licence by the licensing authority for a listed activity in a specified geographical area for such period and on such terms and conditions as the Minister may determine, if it is necessary in order to ensure protection of the environment, conservation of resources, sustainable development or human health and well-being.
(2)A prohibition or restriction contemplated in subsection (1) does not affect the undertaking of activities authorised by means of a waste management licence prior to the prohibition becoming effective.
(3)Where the prohibition or restriction affects the exercise of a power that the MEC has in terms of this Act, the prohibition or restriction contemplated in subsection (1) may be published in the Gazette after consulting the MEC affected by the prohibition or restriction notice.
(4)The Minister may by notice in the Gazette–
(a)lift a prohibition or restriction made in terms of subsection (1) if the circumstances which caused the Minister to prohibit or restrict no longer exist; or
(b)amend any period, term or condition applicable to any prohibition or restriction made in terms of subsection (1) if the circumstances which caused the Minister to prohibit or restrict have changed.
(5)Before acting in terms of subsection (1), the Minister must–
(a)consult all Cabinet members whose areas of responsibility will be affected by the exercise of the power;
(b)consult the MEC that will be affected by the exercise of the power; and
(c)publish a notice in the Gazette inviting members of the public to submit to the Minister, within 30 days of publication of the notice in the Gazette, written representations on the proposed prohibition or restriction.
[section 20A added by section 20 of Act 25 of 2014]

Part 5 – Storage, collection and transportation of waste

21. General requirements for storage of waste

Any person who stores waste must at least take steps, unless otherwise provided by this Act, to ensure that–
(a)the containers in which any waste is stored, are intact and not corroded or in any other way rendered unfit for the safe storage of waste;
(b)adequate measures are taken to prevent accidental spillage or leaking;
(c)the waste cannot be blown away;
(d)nuisances such as odour, visual impacts and breeding of vectors do not arise; and
(e)pollution of the environment and harm to health are prevented.

22. Storage of general waste

(1)Any person who generates general waste that is collected by a municipality must place the waste in a container approved, designated or provided by the municipality for that purpose and in a location approved or authorised by the municipality.
(2)Waste that is reusable, recyclable or recoverable and that is intended to be reduced, re-used, recycled or recovered in accordance with this Act or any applicable by-laws need not be placed in a container contemplated in subsection (1).

23. Waste collection services

(1)Waste collection services are subject to–
(a)the need for an equitable allocation of such services to all people in a municipal area;
(b)the obligation of persons utilising the service to pay any applicable charges;
(c)the right of a municipality to limit the provision of general waste collection services if there is a failure to comply with reasonable conditions 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 environment; and
(d)the right of a municipality to differentiate between categories of users and geographical areas when setting service standards and levels of service for the provision of municipal services.
(2)Every municipality must, subject to this Act, and as far as is reasonably possible, provide containers or receptacles for the collection of recyclable waste that are accessible to the public.

24. Collection of waste

No person may collect waste for removal from premises unless such person is–
(a)a municipality or municipal service provider;
(b)authorised by law to collect that waste, where authorisation is required; or
(c)not prohibited from collecting that waste.

25. Duties of persons transporting waste

(1)The Minister, an MEC or a municipality may, by notice in the Gazette, require any person or category of persons who transports waste for gain to–
(a)register with the relevant waste management officer in the Department, province or municipality, as the case may be; and
(b)furnish such information as is specified in that notice or as the waste management officer may reasonably require.
(2)Any person engaged in the transportation of waste must take all reasonable steps to prevent any spillage of waste or littering from a vehicle used to transport waste.
(3)Where waste is transported for the purposes of disposal, a person transporting the waste must, before offloading the waste from the vehicle, ensure that the facility or place to which the waste is transported, is authorised to accept such waste.
(4)Where hazardous waste is transported for purposes other than disposal, a person transporting the waste must, before offloading the waste from the vehicle, ensure 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 doubt, a person who is in control of a vehicle, or in a position to control the use of a vehicle, that is used to transport waste for the purpose of offloading that waste, is considered to knowingly cause that waste to be offloaded at the location where the waste is deposited.

Part 6 – Treatment, processing and disposal of waste

26. Prohibition of unauthorised disposal

(1)No person may–
(a)dispose of waste, or knowingly or negligently cause or permit waste to be disposed of, in or on any land, waterbody or at any facility unless the disposal of that waste is authorised by law; or
(b)dispose of waste in a manner that is likely to cause pollution of the environment or harm to health and well-being.
(2)Subsection (1) need not be complied with if–
(a)the waste was generated as a result of normal household activities and–
(i)the municipality does not render a waste collection service in that area; and
(ii)the most environmentally and economically feasible option for the management of the waste was adopted; or
(b)the disposal of the waste was done to protect human life or as a result of an emergency beyond that person’s control.

27. Littering

(1)An owner of privately owned land to which the general public has access, must ensure–
(a)that sufficient containers or places are provided to contain litter that is discarded by the public; and
(b)that the litter is disposed of before it becomes a nuisance, a ground for a complaint or causes a negative impact on the environment.
(2)No person may–
(a)throw, drop, deposit, spill or in any other way discard any litter into or onto 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 purpose; or
(b)allow any person under that person’s control to do any of the acts contemplated in paragraph (a).

Part 7 – Industry waste management plans

28. Preparation of industry waste management plans by certain persons

(1)Where any activity results in the generation of waste that affects more than one province or where such activity is conducted in more than one province, 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 management plan to the Minister for approval.
(1A)When exercising the power in terms of subsection (1), the Minister must consult every MEC of the province affected by the waste in question, or where the waste management activity is conducted, prior to taking a decision whether to approve the industry waste management plan or not.[subsection (1A) inserted by section 7(a) of Act 26 of 2014]
(2)The MEC, with the concurrence of the Minister, may, in respect of any activity not contemplated in subsection (1) and which only affects that province concerned 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 that waste to prepare and submit an industry waste management plan to the MEC for approval.[subsection (2) substituted by section 7(b) of Act 26 of 2014]
(3)[subsection (3) deleted by section 7(c) of Act 26 of 2014]
(4)When exercising a power under subsection (1) or (2), the Minister or MEC, as the case may be, must consider–
(a)the impact or potential impact of the waste on health and the environment that is generated by the applicable person, category of persons or industry;
(b)the environmentally sensitive nature of a natural resource or the amount of natural resources that is consumed in the manufacturing or production processes that result in the waste; and
(c)the manner in which an industry waste management plan may contribute to–
(i)the avoidance or minimisation of the generation of waste;
(ii)the reduction of negative impacts on health and the environment; and
(iii)the conserving of natural resources.
(5)The Minister or MEC must, before exercising a power under subsection (1) or (2), as the case may be, consult the person, category of persons or industry to be affected.
(6)The Minister or MEC, as the case may be, may give directions that an industry waste management plan must be prepared by an independent person, consistent with sections 13A and 13B, at the cost of the person, category of persons or industry contemplated in subsection (1) or (2).[subsection (6) substituted by section 7(d) of Act 26 of 2014]
(7)
(a)A person, category of persons or industry contemplated in subsection (1) or (2) may elect to prepare, consistent with sections 13A and 13B, an industry waste management plan for approval in terms of this Part without being required to do so by the Minister or MEC.[paragraph (a) substituted by section 7(e) of Act 26 of 2014]
(b)When a person, category of persons or industry submits an industry waste management plan in terms of paragraph (a)–
(i)subsections (4), (5) and (6) apply with the changes required by the context; and
(ii)the Minister or MEC to whom the plan is submitted may exercise any of their respective powers set out in this Part in respect of that plan.

29. Preparation of industry waste management plans by organs of state

(1)The Minister may, by notice in writing, require an industry waste management plan to be prepared by an organ of state, excluding a municipality, within a stipulated timeframe.
(2)[subsection (2) deleted by section 8(a) of Act 26 of 2014]
(3)When exercising a power under subsection (1), the Minister or MEC must consider whether–[words preceding paragraph (a) substituted by section 8(b) of Act 26 of 2014]
(a)the diversity, complexity and competitive nature of the industry concerned would make it impractical for a category of persons other than an organ of state or provincial department responsible for environmental affairs to prepare the plan;
(b)the knowledge or experience of the persons who are likely to be affected by the plan in the areas of waste reduction, re-use, recycling and recovery is limited;
(c)the persons who are likely to be affected by the plan comprise of small, medium or micro enterprises; or
(d)the person required to prepare a plan in accordance with section 28, or to revise or amend the plan in terms of section 32(1), has failed to do so.
(4)The Minister or MEC, as the case may be, may recover the costs of preparing an industry waste management plan from–
(a)the person contemplated in section 28 who, after written notice, failed to prepare the plan; or
(b)the person who is required to revise or amend the plan in terms of section 32(1), but has failed to do so.
(5)An organ of state contemplated in subsection (1), may, by written notice, require any person to provide such information as may be necessary to prepare the industry waste management plan.[subsection (5) substituted by section 8(c) of Act 26 of 2014]
(6)An organ of state contemplated in subsection (1), must follow a consultative process in accordance with sections 72 and 73, unless that plan is being prepared as a result of a person who was required to prepare that plan failing to do so, in which case section 31(2) applies.[subsection (6) substituted by section 8(c) of Act 26 of 2014]

30. Contents of industry waste management plans

(1)The Minister, in a notice contemplated in section 28(1) or 29(1), or the MEC, with the concurrence of the Minister, in a notice contemplated in section 28(2), must specify the information that must be included in the industry waste management plan.[subsection (1) substituted by section 9 of Act 26 of 2014]
(2)The information that the Minister or MEC specifies in terms of subsection (1) may include–
(a)the amount of waste that is generated;
(b)measures to prevent pollution or ecological degradation;
(c)targets for waste minimisation through waste reduction, re-use, recycling and recovery;
(d)measures or programmes to minimise the generation of waste and the final disposal of waste;
(e)measures or actions to be taken to manage waste;
(f)the phasing out of the use of specified substances;
(g)opportunities for the reduction of waste generation through changes to packaging, product design or production processes;
(h)mechanisms for informing the public of the impact of the waste-generating products or packaging on the environment;
(i)the extent of any financial contribution to be made to support consumer-based waste reduction programmes;
(j)the period that is required for implementation of the plan;
(k)methods for monitoring and reporting; and
(l)any other matter that may be necessary to give effect to the objects of this Act.

31. Notification of industry waste management plans

(1)Any person required to produce an industry waste management plan in terms of section 28 must take appropriate steps to bring the contents of a proposed industry waste management plan to the attention of relevant organs of state, interested persons and the public and must follow any directions given by the Minister or MEC, as the case may be, regarding the consultation process that must be followed.
(2)An organ of state required to prepare an industry waste management plan in terms of section 29 as a result of a person who was required to prepare that plan failing to do so must bring the contents of a proposed industry waste management plan to the attention of relevant organs of state, interested persons and the public.
(3)Any comments submitted in respect of an industry waste management plan must be considered by the person responsible for preparing the plan, and a copy of all comments must be submitted to the Minister or MEC, as the case may be, together with the plan.

32. Consideration of industry waste management plans

(1)The Minister, acting in terms of section 28(1) or 29(1), or the MEC acting in terms of section 28(2), may on receipt of an industry waste management plan–[words preceding paragraph (a) substituted by section 10(a) of Act 26 of 2014]
(a)approve the plan in writing, with any amendments or conditions, and give directions for the implementation of the plan;
(b)require additional information to be furnished and a revised plan to be submitted within timeframes specified by the Minister or MEC for approval;
(c)require amendments to be made to the plan within timeframes specified by the Minister or MEC; or
(d)reject the plan with reasons if it does not comply with the requirements of a notice in terms of section 28(1) or (2) or 29(1), as the case may be, or if a consultation process in accordance with section 31 was not followed.[paragraph (d) substituted by section 10(b) of Act 26 of 2014]
(2)Any failure to comply with a requirement referred to in subsection (1)(b) or (c) within the timeframes specified by the Minister or the MEC is regarded as constituting a failure to submit an industry waste management plan
(3)An industry waste management plan that has been rejected in terms of subsection (1) (d) may be amended and resubmitted to the Minister or MEC.
(4)On receipt of any information or amendments requested in terms of subsection (1)(b) or (c), or any amended industry waste management plan resubmitted in terms of subsection (2) for the first time, the Minister or MEC must reconsider the plan.
(5)An approval in terms of subsection (1)(a) must at least specify the period for which the approval is issued, which period may be extended by the Minister or MEC.
(5A)The Minister or the MEC, as the case may be, must in accordance with sections 72 and 73, follow such consultation process, as may be appropriate under the circumstances, before considering the industry waste management plan for approval in terms of section 28(1) or (2).[subsection (5A) inserted by section 10(c) of Act 26 of 2014]
(6)Notice must be given in the relevant Gazette of any industry waste management plan that has been prepared in terms of section 28 and that has been approved by the Minister or MEC, as the case may be.
(7)An industry waste management plan that has been prepared by an organ of state in terms of section 29 and that has been approved by the Minister or MEC, as the case may be, must be published in the relevant Gazette, together with an indication of when and how the plan must be implemented, if applicable.[subsection (7) substituted by section 10(d) of Act 26 of 2014]

33. Specification of measures to be taken

(1)If the Minister or MEC rejects an industry waste management plan in terms of section 32, or if any person who is required in terms of section 28(1) or (2) to prepare an industry waste management plan fails to do so, or if a person fails to revise or amend a plan as required by the Minister or the MEC in terms of section 32(1) or section 17 of the National Environmental Management: Waste Amendment Act, 2014, the Minister or MEC, as the case may be, may by notice in writing and without any criminal proceedings being affected, specify the waste management measures that must be taken by that person.[subsection (1) substituted by section 11 of Act 26 of 2014]
(2)When specifying the waste management measures to be taken in terms of subsection (1), the Minister or MEC, as the case may be, must consider, and to the extent possible, align the measures to be taken with the measures that are set out in any other approved industry waste management plan and that is related to the activities of the person whose plan has been rejected more than once or who failed to submit a plan.

34. Review of industry waste management plans

(1)An industry waste management plan that has been required by the Minister in terms of section 28(1) or 29(1), or by the MEC in terms of section 28(2), must be reviewed at intervals specified in the approval or at intervals specified by the Minister or MEC by notice in writing or in the relevant Gazette.[subsection (1) substituted by section 12 of Act 26 of 2014]
(2)When specifying a review period for an industry waste management plan prepared by a person, the Minister or MEC, as the case may be, must take cognisance of the review periods that have been specified in any related waste management licence.

Part 7A – Waste Management Bureau

[Part 7A inserted by section 13 of Act 26 of 2014]

34A. Establishment of Waste Management Bureau

(1)An implementation Bureau dealing with waste management to be known as the "Waste Management Bureau" is hereby established, within the Department, as a juristic person.
(2)The Bureau must comply with the provisions of the Public Finance Management Act, 1999 (Act No. 1 of 1999).
(3)In the event of absence of a functional Bureau or a Chief Executive Officer, the powers and duties of the Bureau revert to the Director-General of the Department contemplated in section 34G(1), who, in such a case, must exercise those powers and perform those duties until the Bureau is functional or a Chief Executive Officer is appointed.[section 34A inserted by section 13 of Act 26 of 2014]

34B. Determination of policy

(1)The Minister must, after consultation with the Bureau, determine and publish a policy within which the Bureau must exercise its powers and perform its functions.
(2)The Minister may, after consultation with the Bureau, amend, substitute or withdraw the policy determined in terms of subsection (1), and must publish the amended policy.
(3)The Minister must, 30 days before the final publication of any policy contemplated in subsections (1) and (2), table the policy in Parliament.[section 34B inserted by section 13 of Act 26 of 2014]

34C. Minister’s supervisory powers

(1)The Bureau must exercise its powers and perform its functions subject to the policy determined in terms of section 34B(1) or (2), the service level standards and norms contemplated in subsection (2)(b) and any directives issued by the Minister in terms of subsection 2(c).
(2)The Minister–
(a)must monitor the exercising of powers and performance of functions of the Bureau in terms of the policy determined in terms of section 34B(1) or (2);
(b)may set service level standards and norms for the Bureau in the execution of its powers and functions; or
(c)must issue directives to the Bureau in the case of non compliance with the policy determined in terms of section 34B(1) or (2) or the service level standards and norms issued in terms of subsection 2(b), to ensure the effective and efficient functioning of the Bureau and for the achievement of the objectives of this Act.
[section 34C inserted by section 13 of Act 26 of 2014]

34D. Objects of Bureau

The objects of the Bureau are to–
(a)function as a specialist implementing agent within the Department in respect of matters delegated to the Bureau in terms of this Act;
(b)promote and facilitate minimisation, re-use, recycling and recovery of waste;
(c)manage the disbursement of incentives and funds derived from waste management charges contemplated in sections 13B and 34D for the minimisation, reuse, recycling, recovery, transport, storage, treatment and disposal of waste and the implementation of industry waste management plans;
(d)monitor implementation of industry waste management plans and the impact of incentives and disincentives;
(e)progressively build capacity within the Bureau to provide specialist support for the development and implementation of municipal waste management plans and capacity building programmes; and
(f)support and advise on the development of waste management plans, tools, instruments, processes, systems, norms, standards and municipal waste management plans and capacity building programmes.
[section 34D inserted by section 13 of Act 26 of 2014]

34E. Functions of Bureau

(1)The Bureau must–
(a)implement the disbursement of incentives and funds derived from waste management charges contemplated in sections 13B and 34D;
(b)identify and promote best practices in the minimisation, re-use, recycling or recovery of waste;
(c)progressively build capacity of the Bureau to support municipalities in the development and implementation of integrated waste management plans and capacity building programmes;
(d)support and advise on the development of industry waste management plans, integrated waste management plans and other tools, instruments, processes and systems, including specialist support for the development of norms or standards for the minimisation, re-use, recycling or recovery of waste and the building of municipal waste management capacity;
(e)monitor the implementation of industry waste management plans;
(f)monitor and evaluate the impact of incentives and disincentives; and
(g)perform any other task or function that the Minister may assign or delegate to the Bureau in relation to the implementation of this Act.
(2)The Bureau may–
(a)invest any of its money, after having complied with section 34F(2); and
(b)charge fees for services rendered, other than services rendered in terms of section 13A or to the Minister or the Department.
[section 34E inserted by section 13 of Act 26 of 2014]

34F. Funding of Bureau

(1)The funds of the Bureau consist of–
(a)money derived and allocated from charges referred to in section 13B;
(b)income derived by it for services rendered;
(c)money appropriated by Parliament;
(d)voluntary contributions, donations and bequests received consistent with the provisions of the regulations made in terms of section 76(1)(k) or (l) of the Public Finance Management Act, 1999; and
(e)income derived from investments referred to in section 34E(2)(b).
(2)The Bureau must utilise its funds to defray expenses incurred in the performance of its functions.
(3)The Bureau must utilise the donations and contributions referred to in subsection (1)(d) in accordance with the conditions, if any, imposed by the donor or contributor concerned, but those conditions must be approved by the Minister, in concurrence with the Minister of Finance, and must not be inconsistent with the objects of the Bureau, provisions of this Act, regulations made in terms of section 76(1)(k) or (l) of the Public Finance Management Act, 1999, or any other law.
(4)The Chief Executive Officer must, with the concurrence of the Minister and the Minister of Finance–
(a)open an account in the name of the Bureau with an institution registered as a bank in terms of the Banks Act, 1990 (Act No. 94 of 1990); and
(b)deposit therein all money received in terms of subsection (1).
(5)The Chief Executive Officer is responsible and accountable to the Director-General of the Department as the accounting authority for all money received by the Bureau and the utilisation of that money.[section 34F inserted by section 13 of Act 26 of 2014]

34G. Financial management

(1)The Director-General of the Department is, for the purposes of the Public Finance Management Act, 1999 (Act No. 1 of 1999), the accounting authority and must cause full and proper books of account and all the necessary records in relation thereto to be kept.
(2)The Chief Executive Officer must ensure compliance with the Public Finance Management Act, 1999 (Act No. 1 of 1999), including ensuring that the Bureau’s annual budgets, corporate plans, annual reports and audited financial statements are prepared and submitted.[section 34G inserted by section 13 of Act 26 of 2014]

34H. Reporting and audit

(1)The Bureau must in each financial year, on or before a date determined by the Public Finance Management Act, 1999 (Act No. 1 of 1999), submit an annual report on its activities and a statement of its income and estimated expenditure for the next financial year to the Minister through the Director-General for approval.
(2)Notwithstanding subsection (1), the Bureau must submit such additional reports as the Minister or the Director-General may require.
(3)The books, records of account and financial statements of the Bureau must be audited annually by the Auditor-General.[section 34H inserted by section 13 of Act 26 of 2014]

34I. Immovable property

(1)The Bureau may, with the approval of the Minister, acquire, hold or dispose of immovable property in the course of its business.
(2)The policy and procedure of the Bureau with regard to the acquisition and disposal of immovable property must be in accordance with the policies, regulations and practices of the public service.[section 34I inserted by section 13 of Act 26 of 2014]

34J. Chief Executive Officer of Bureau

(1)The Director-General of the Department must recruit and the Minister must approve the appointment of a suitably qualified and skilled person as the Chief Executive Officer of the Bureau in accordance with the Public Service Act, 1994, including its employment practices, but at a level of remuneration and employment service conditions as determined by the Minister, in concurrence with the Minister of Finance.
(2)The appointment of the Chief Executive Officer must follow a transparent and competitive recruitment and selection process, in accordance with the Public Service Act, 1994.
(3)The Chief Executive Officer must be appointed for a term not exceeding five years subject to subsection (1).
(4)The Chief Executive Officer must enter into a written performance agreement with the Minister within three months of taking up the post as Chief Executive Officer.
(5)The Director-General of the Department, with the approval of the Minister, may terminate the Chief Executive Officer’s employment in accordance with the Public Service Act, 1994.
(6)The Chief Executive Officer may not serve for more than two consecutive terms, unless otherwise stipulated by the Minster, after consultation with the Minister of Finance.[section 34J inserted by section 13 of Act 26 of 2014]

34K. Functions of Chief Executive Officer

(1)The Chief Executive Officer is responsible for–
(a)the management of the operations of the Bureau, subject to the direction of the Director-General of the Department;
(b)the compilation of a business and financial plan and reports in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999), for approval by the Director-General of the Department and the Minister;
(c)the appointment of members of staff;
(d)control of, and maintenance of discipline over, members of staff of the Bureau; and
(e)any other function provided for in this Act.
(2)The Chief Executive Officer is accountable to the Director-General of the Department and must report to him or her on the activities of the Bureau.
(3)The Chief Executive Officer must ensure that the Bureau complies with all relevant provisions of applicable public service policy, regulations and legislation.
(4)If the Chief Executive Officer is for any reason unable to perform any of his or her functions, the Director-General of the Department must, in writing, appoint another person as Acting Chief Executive Officer until the Chief Executive Officer is able to resume those functions, but not for a period longer than six months, except under circumstances where the absence of the Chief Executive Officer is due to a disciplinary matter.
(5)The Chief Executive Officer may, in writing and on such conditions as he or she may determine, delegate any power or duty of the Chief Executive Officer to a senior member of the Bureau, unless the Director-General of the Department or Minister prohibits a specific delegation.
(6)A delegation made under subsection (4) does not–
(a)divest the Chief Executive Officer of the accountability concerning the performance of the function in question; or
(b)prohibit the performance of the function in question by the Chief Executive Officer.
(7)A delegation made under subsection (4) may be repealed, withdrawn or amended, but the repeal, withdrawal or amendment does not affect any right which may have accrued to a person as a result of the function performed before the delegation was repealed, withdrawn or amended.[section 34K inserted by section 13 of Act 26 of 2014]

34L. Employees of Bureau

(1)Subject to subsection (2), the Chief Executive Officer–
(a)must appoint such number of employees, within allocated resources available for that purpose, or receive on secondment such number of persons provided to enable the Bureau to perform its functions;
(b)is responsible for the administrative control of the Bureau and for the discipline of the employees and persons contemplated in paragraph (a); and
(c)must ensure compliance with applicable public service and labour legislation.
(2)The employees referred to in subsection (1) must at least have the following specialist expertise:
(a)resource economics;
(b)financial accounting;
(c)financial management;
(d)process chemistry or engineering; and
(e)technical expert knowledge in the waste and environmental resource management fields.
(3)The provisions relating to employment practice contained in the Public Service Act, 1994, the regulations, determinations, deemed determinations contemplated in section 5(6) of that Act and directives made in terms of that Act apply, except with regard to consideration of scales of remuneration and employment conditions service of the staff referred to in subsection (3).
(4)The Minister must determine, in concurrence with the Minister of Finance, the organisational structure and the scale of remuneration for employees referred to in paragraphs (a) to (e) of subsection (3), which may be different from those of the public service.
(5)A person employed by the Bureau may become a member of the Government Employees’ Pension Fund mentioned in section 2 of the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996), and is entitled to pension and retirement benefits as if that person were in service in a post classified in a division of the public service.
(6)The Bureau may utilise persons seconded from or transferred from the public service in accordance with the provisions of the Public Service Act, 1994 (Proclamation No. 103 of 1994).[section 34L inserted by section 13 of Act 26 of 2014]

Part 8 – Contaminated land

35. Application of this part

This part applies to the contamination of land even if the contamination–
(a)occurred before the commencement of this Act;
(b)originated on land other than land referred to in section 38;
(c)arises or is likely to arise at a different time from the actual activity that caused the contamination; or
(d)arises through an act or activity of a person that results in a change to pre-existing contamination.

36. Identification and notification of investigation areas

(1)The Minister, or the MEC in respect of an area which affects the relevant province, may, after consultation with the Minister responsible for water affairs and any other organ of state concerned, by notice in the Gazette, identify as investigation areas–
(a)land on which high-risk activities have taken place or are taking place that are likely to result in land contamination;
(b)land that the Minister or MEC, as the case may be, on reasonable grounds believes to be contaminated.
(2)A notice under subsection (1) by the Minister applies nationally, and a notice under that subsection by the MEC applies to the relevant province only.
(3)Before publishing a notice under subsection (1), or any amendment to the notice, the Minister or MEC, as the case may be, must follow a consultative process in accordance with sections 72 and 73.
(4)Subsection (3) need not be complied with if the notice is amended in a non-substantive manner.
(5)An owner of the land that is likely to be contaminated, or a person who undertakes an activity that caused the land to be contaminated, must notify the Minister and MEC of that contamination as soon as that person becomes aware, of that contamination.[subsection (5) substituted by section 67 of Act 2 of 2022]
(6)Despite subsection (1), the Minister or MEC may issue a written notice to a particular person identifying specific land as an investigation area if the Minister or MEC on reasonable grounds believes that the land is or is likely to be contaminated.

37. Consequences of identification and notification of investigation areas

(1)The Minister or MEC, as the case may be, may in respect of an investigation area contemplated in section 36, after consultation with the Minister responsible for water affairs–
(a)require a site assessment to be conducted in respect of the relevant investigation area, and submit a site assessment report and a remediation plan, if applicable, to the Minister or the MEC, as the case may be; or[paragraph (a) substituted by section 68(a) of Act 2 of 2022]
(b)in a notice published under section 36(1) or issued under section 36(6)–
(i)direct the owner of the investigation area; or
(ii)direct the person who has undertaken or is undertaking the high risk activity or activity that caused or may have caused the contamination of the investigation area, to require a site assessment to be conducted by an independent person, at own cost, and to submit a site assessment report and a remediation plan, if applicable, to the Minister or MEC within a period specified in the notice.[subparagraph (ii) substituted by section 68(b) of Act 2 of 2022]
(2)
(a)A site assessment report and a remediation plan, if applicable, must comply with any directions that may have been published or given by the Minister or MEC in a notice contemplated in section 36(1) or (6) and must at least include information on whether the investigation area is contaminated.[paragraph (a) substituted by section 68(c) of Act 2 of 2022]
(b)Where the findings of the site assessment report are that the investigation area is contaminated, the site assessment report must at least contain information on whether–
(i)the contamination has already impacted on health or the environment;
(ii)the substances present in or on the land are toxic, persistent or bio-accumulative or are present in large quantities or high concentrations or occur in combinations;
(iii)there are exposure pathways available to the substances;
(iv)the use or proposed use of the land and adjoining land increases or is likely to increase the risk to health or the environment;
(v)the substances have migrated or are likely to migrate from the land;
(vi)the acceptable exposure for human and environmental receptors in that environment have been exceeded;
(vii)any applicable standards have been exceeded; and
(viii)the area should be remediated or any other measures should be taken to manage or neutralise the risk.
(3)For the purposes of this section, land may be regarded as being contaminated at any particular time if the risk of harm to health or the environment could eventuate only in certain circumstances and those circumstances do not exist at the time that the site assessment is undertaken, but those circumstances are reasonably foreseeable.

38. Consideration of site assessment reports

(1)On receipt of a site assessment report and a remediation plan, if applicable, contemplated in section 37, the Minister or MEC, as the case may be, may, after consultation with the Minister responsible for water affairs and any other organ of state concerned, decide that—
(a)the investigation area is contaminated, presents a risk to health or the environment, and must be remediated urgently;
(b)the investigation area is contaminated, presents a risk to health or the environment, and must be remediated within a specified period;
(c)the investigation area is contaminated and does not present an immediate risk, but that measures are required to address the monitoring and management of that risk; or
(d)the investigation area is not contaminated.
[subsection (1) amended by section 69 of Act 2 of 2022]
(2)If the Minister or MEC, as the case may be, decides that an investigation area is contaminated and requires remediation, the Minister or MEC 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 MEC, as the case may be, decides that the investigation area does not present an immediate risk, but that measures are required to address the monitoring and management of that risk, the Minister or MEC may make an order specifying the measures that must be taken.
(4)Unless otherwise directed, a remediation order under subsection (2), an order under subsection (3) or a directive under section 37(1) must be complied with at the cost of the person against whom the order or directive is issued.
(5)The Minister or MEC, as the case may be, may amend a remediation order if–
(a)ownership of the land is transferred and the new owner in writing assumes responsibility for the remediation; or
(b)new information or evidence warrants an amending the order.

39. Orders to remediate contaminated land

(1)A remediation order issued under section 38(2) or an order issued under section 38(3) must describe, to the extent that it is applicable–
(a)the person who is responsible for undertaking the remediation;
(b)the land to which the order applies;
(c)the nature of the contamination;
(d)the measures that must be taken to remediate the land or the standards that must be complied with when remediating the land;
(e)the period within which the order must be complied with;
(f)whether any limitations in respect of the use of the land are imposed;
(g)the measures that must be taken to monitor or manage the risk; and
(h)any other prescribed matter.
(2)Before issuing a remediation order or an amended remediation order, the Minister or MEC, as the case may be, must consult with the Minister responsible for water affairs and any other organ of state concerned.
(3)The Minister or MEC, as the case may be, may instruct any official within his or her Department to ensure that the remediation order is complied with.

40. Transfer of remediation sites

(1)No person may transfer contaminated land without informing the person to whom that land is to be transferred that the land is contaminated and, in the case of a remediation site, without notifying the Minister or MEC and complying with any conditions that are specified by the Minister or MEC, as the case may be.
(2)
(a)For the purposes of ensuring compliance with this section, the Minister must notify the relevant Registrar of Deeds appointed in terms of the Deeds Registries Act, 1937 (Act No. 47 of 1937), of any land that has been declared as a remediation site.
(b)The notification contemplated in paragraph (a) must identify the land sufficiently to enable the Registrar of Deeds to enter the necessary information in or on registers and documents kept by his or her Office.

41. Contaminated land register

(1)The Minister must keep a national contaminated land register of contaminated land areas that includes information on—
(a)the owners and any users of contaminated land areas;
(b)the location of contaminated land areas;
(c)the nature and origin of the said contamination;
(d)whether a contaminated land area—
(i)presents a risk to health or the environment, and must be remediated urgently;
(ii)presents a risk to health or the environment, and must be remediated within a specified period; or
(iii)does not present an immediate risk, but measures are required to address the monitoring and management of that risk; and
(e)[paragraph (e) omitted by section 70 of Act 2 of 2022]
(f)restrictions of use that have been imposed on the contaminated land areas.
[subsection (1) substituted by section 70 of Act 2 of 2022]
(2)The Minister may change the status of the contaminated land area contemplated in subsection (1)(d)(i) or (ii) as provided for in subsection (1)(d)(iii) or (iv) if a remediation order has been complied with or other circumstances eventuate that justify such a change.[subsection (2) substituted by section 70 of Act 2 of 2022]
(3)An MEC who has identified a contaminated land area must furnish the relevant information to the Minister for recording in the national contaminated land register.[subsection (3) substituted by section 70 of Act 2 of 2022]

Part 9 – Other measures

42. Recognition programmes

(1)A waste management officer may establish a programme for the public recognition of significant achievements in the area of waste avoidance, minimisation or other forms of waste management.
(2)The programme contemplated in subsection (1) may contain mechanisms to make the public aware of sound waste management practices.

Chapter 5
Licensing of waste management activities

43. Licensing authority

(1)The Minister is the licensing authority where–
(a)unless otherwise indicated by the Minister by notice in the Gazette, the waste management activity involves the establishment, operation, cessation or decommissioning of a facility at which hazardous waste has been or is to be stored, treated or disposed of;
(b)the waste management activity involves obligations in terms of an interna­tional obligation, including the importation or exportation of hazardous waste;
(c)the waste management activity is to be undertaken by–
(i)a national department;
(ii)a provincial department responsible for environmental affairs; or
(iii)a statutory body, excluding any municipality, performing an exclusive competence of the national sphere of government;
(d)the waste management activity will affect more than one province or traverse international boundaries; or
(e)two or more waste management activities are to be undertaken at the same facility and the Minister is the licensing authority for any one of those activities.
(1A)The Minister responsible for mineral resources is the licensing authority where the waste management activity is a mining activity as defined in the National Environmental Management Act.[subsection (1A) inserted by section 21 of Act 25 of 2014 and substituted by section 71(a) of Act 2 of 2022]
(1B)The Minister responsible for mineral resources is responsible for the implementation of the licensing system provided for in this Chapter in so far as the matters referred to in subsection (1A) are concerned.[subsection (1B) inserted by section 21 of Act 25 of 2014 and substituted by section 71(b) of Act 2 of 2022]
(2)Subject to subsection (1), the MEC of the province in which the waste management activity is being or is to be carried out is the licensing authority.
(3)Despite subsections (1), (1A) and (2), the Minister, the Minister responsible for mineral resources and an MEC may agree that an application or applications for waste management licences regarding any waste management activity—
(a)referred to in subsection (1), may be dealt with by the MEC or the Minister responsible for mineral resources;
(aA)referred to in subsection (1A), may be dealt with by the Minister; or
(b)in respect of which the MEC or the Minister responsible for mineral resources has been identified as the licensing authority, may be dealt with by the Minister.
[subsection (3) substituted by section 71(c) of Act 2 of 2022]
(4)
(a)In accordance with section 125(2)(b) of the Constitution, whenever a licensing authority, referred to in subsection (2), fails to take a decision on an application for a waste management licence within the period prescribed by this Act, the person that applied for a waste management licence may apply to the Minister to take the decision.
(b)The person referred to in paragraph (a) must notify the MEC or the Minister responsible for mineral resources, as the case may be, in writing of the intention to exercise the option in paragraph (a) at least 30 days prior to the exercising of such option.
(c)The application contemplated in paragraph (a) must, at least, contain all the documents submitted to the MEC or the Minister responsible for mineral resources, as the case may be, in respect of the application for a waste management licence, in order to enable the Minister to take a decision.
(d)Before taking a decision contemplated in paragraph (a), the Minister must request the MEC or the Minister responsible for mineral resources, as the case may be, to provide him or her with a report within a specified period on the status and causes for the failure to make a decision in the application for waste management licence concerned.
(e)After having received the report referred to in paragraph (d) or in the event that no response or no satisfactory response or cooperation is received from the MEC or the Minister responsible for mineral resources, as the case may be, within the specified period, the Minister must, where appropriate—
(i)inform the applicant in the event that the MEC or the Minister responsible for mineral resources, as the case may be, had complied with the relevant prescripts;
(ii)assist the MEC or the Minister responsible for mineral resources, as the case may be, in accordance with section 125(3) of the Constitution to fulfil his or her obligations under this Act; or
(iii)direct the MEC or the Minister responsible for mineral resources, as the case may be, to take the decision and such other steps as the Minister may deem necessary within a specified period.
(f)In the event that the MEC or the Minister responsible for mineral resources, as the case may be, fails to take the decision within the specified time period or in any other manner fails to comply with the directive contemplated in paragraph (e)(iii), the Minister must take the decision within a reasonable period.
(g)The Minister must, simultaneously with the submission of the annual report contemplated in section 40(1)(d)(i) of the Public Finance Management Act, 1999 (Act No. 1 of 1999), submit a report to Parliament setting out the details regarding the exercise of the power referred to in this section during the previous financial year.
[subsection (4) added by section 71(d) of Act 2 of 2022]

43A. Residue stockpiles and residue deposits

(1)Residue stockpiles and residue deposits must be managed in the prescribed manner on any site demarcated for that purpose in the environmental management plan or environmental management programme for that prospecting, mining, exploration or production operation.
(2)No person may temporarily or permanently deposit any residue stockpile or residue deposit on any site other than on a site contemplated in subsection (1).[section 43A inserted by section 22 of Act 25 of 2014]

44. Co-operative governance in waste management licence applications

(1)For the purposes of issuing a licence for a waste management activity, the licensing authority must as far as practicable in the circumstances co-ordinate or consolidate the application and decision-making processes contemplated in this Chapter with the decision-making process in Chapter 5 of the National Environmental Management Act and other legislation administered by other organs of state, without whose authorisation or approval or consent the activity may not commence, or be undertaken or conducted.
(2)If the licensing authority decides to issue a licence it may, for the purposes of achieving coordination–
(a)issue an integrated licence jointly with the other organs of state contemplated in subsection (1), which licence grants approval in terms of this Act and any other legislation specified in the licence; or
(b)issue the licence as part of a consolidated authorisation consisting of different authorisations issued under different legislation by the persons competent to do so, that have been consolidated into a single document in order to ensure that the conditions that are imposed by each competent authority are comprehensive and mutually consistent.
(3)If an integrated licence contemplated in subsection (2)(a) is to be regarded as a valid authorisation or approval for the purposes of other legislation specified in the integrated licence, then the decision-making process for issuing that integrated licence must comply with both the requirements of this Act and of that other legislation.
(4)An integrated licence must–
(a)specify the statutory provisions in terms of which it has been issued;
(b)identify the authority or authorities that have issued it;
(c)indicate to whom applications for any amendment or cancellation of the integrated licence must be made; and
(d)indicate the appeal procedure to be followed.
(5)An integrated licence may be enforced in terms of this Act and any other Act in terms of which it has been issued: Provided that a condition of an integrated licence may only be enforced in terms of the legislation that authorises the imposition of such a condition.
(6)Where an integrated licence procedure or a consolidated authorisation procedure is established in terms of this section, the provisions of this Chapter must be read with the necessary changes as the context may require to enable a single application procedure or combined application procedure to be followed.
(7)An integrated licence must be regarded as an integrated environmental authorisation contemplated in section 24L of the National Environmental Management Act.

45. Application for waste management licences

(1)A person who requires a waste management licence must apply for the licence by lodging an application with the licensing authority.
(2)An application for a waste management licence must be accompanied by–
(a)the prescribed processing fee; and
(b)such documentation and information as may be reasonably required by the licensing authority.
(3)A person who requires a waste management licence for a waste management activity which involves the treatment of waste by incineration must submit, together with any documentation or information contemplated in subsection (2), information on–
(a)the types of waste that will be incinerated;
(b)the existence of any incinerators in the jurisdiction of the licensing authority which are authorised to incinerate waste which is substantially similar to that waste; and
(c)alternative environmentally sound methods, if any, that could be used to treat that waste.

46. Appointment of persons to manage waste management licence applications

(1)The licensing authority may by written notice to an applicant require that applicant, or by notice in the Gazette require applicants, at own cost, to appoint an independent and suitably qualified person to manage an application.
(2)If an applicant is required to appoint an independent person, the applicant must–
(a)take all reasonable steps to verify that the person to be appointed is independent and has expertise in the managing of waste management licence applications; and
(b)provide the appointed person with access to all information at the disposal of the applicant reasonably required for the application, whether or not that information is favourable to the applicant.

47. Procedure for waste management licence applications

(1)The licensing authority–
(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 information contained in or submitted in connection with the application;
(b)may conduct its own investigation on the likely effect of the waste management activity on health and the environment;
(c)must invite written comments from any organ of state that has an interest in the matter; and
(d)must afford the applicant an opportunity to make representations on any adverse statements or objections to the application.
(2)An applicant must take appropriate steps to bring the application to the attention of relevant organs of state, interested persons and the public.
(3)The steps contemplated in subsection (2) must include the publication of a notice in at least two newspapers circulating in the area in which the waste management activity applied for is to be carried out.
(4)The notice contemplated in subsection (3) must–
(a)describe the nature and purpose of the waste management licence applied for;
(b)give particulars of the waste management activity, including the place where it is or is to be carried out;
(c)state where further information on the waste management activity can be obtained;
(d)stating a reasonable period within which written representations on, or objections to, the application may be submitted, and the address or place where representations or objections must be submitted; and
(e)contain such other particulars as the licensing authority may require.

48. Factors to be taken into account by licensing authority

When considering an application for a waste management licence, the licensing authority must take into account all relevant matters, including–
(a)the need for, and desirability of, the waste management activity and alternatives considered, including similar waste management activities, if any, that have already been licensed;
(b)the pollution caused or likely to be caused by the activity that is the subject of the application, whether alone or together with existing operations or pollution and the effect or likely effect of that pollution on the environment, including health, social conditions, economic conditions and cultural heritage;
(c)the best practicable environmental options available and alternatives that could be taken–
(i)to prevent, control, abate or mitigate pollution; and
(ii)to protect the environment, including health, social conditions, economic conditions and cultural heritage from harm as a result of the undertaking of the waste management activity;
(d)any increased health and environmental risks that may arise as a result of the location where the waste management activity will be undertaken;
(e)any reasons for a decision made in terms of regulations issued under section 24 of the National Environmental Management Act;
(f)whether the applicant is a fit and proper person as contemplated in section 59;
(g)the applicant’s submissions;
(h)any submissions received from organs of state, interested persons and the public; and
(i)any guidelines the licensing authority may wish to issue relevant to the application.

49. Decision of licensing authorities on waste management licence applications

(1)The licensing authority may in respect of an application for a waste management licence–
(a)grant the application;
(b)refuse the application; or
(c)reject the application where it does not comply with the requirements of this Act.
(2)A decision to grant a application for a waste management licence in respect of a waste disposal facility is subject to the concurrence of the Minister responsible for water affairs.
(3)Any decision by a licensing authority to grant an application for a waste management licence must be consistent with–
(a)this Act, including any integrated waste management plans prepared in terms of this Act;
(b)any applicable national environmental management policies and, where the MEC is the licensing authority, any applicable provincial environmental management policies;
(c)the national environmental management principles set out in section 2 of the National Environmental Management Act;
(d)any applicable industry waste management plan;
(e)the objectives of any applicable waste management plan; and
(f)any standards or requirements that have been set in terms of this Act or the waste management licence.
(4)After a licensing authority has reached a decision in respect of an application for a waste management licence, it must within 20 days–
(a)notify the applicant of the decision and give written reasons for the decision;
(b)if the decision is to grant the application, issue a waste management licence; and
(c)in a manner determined by the licensing authority, instruct the applicant to notify any persons who have objected to the application of the decision and the reasons for the decision.
(5)An application which is substantially similar to a previous application that has been refused in terms of subsection (1)(b) may only be resubmitted if–
(a)the new application contains new and material information not previously submitted to the licensing authority; or
(b)a period of three years has elapsed since the application was lodged.
(6)An application which is rejected in terms of subsection (1)(c) may be amended and resubmitted to the licensing authority for reconsideration.

50. Issuing of waste management licences

(1)A waste management licence is subject to such conditions and requirements–
(a)as specified in terms of section 51;
(b)as the licensing authority may determine and specify in the licence; and
(c)as the Minister or MEC has prescribed for the waste management activity in question.
(2)The licensing authority may issue a single waste management licence where the applicant has applied to undertake more than one waste management activity at the same location.
(3)The issuing of a waste management 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 responsible for water affairs regarding any measures that the Minister responsible for water affairs considers necessary to protect a water resource as defined in the National Water Act, 1998 (Act No. 36 of 1998).

51. Contents of waste management licences

(1)A waste management licence must specify–
(a)the waste management activity in respect of which it is issued;
(b)the premises or area of operation where the waste management activity may take place;
(c)the person to whom it is issued;
(d)the period from which the waste management activity may commence;
(e)the period for which the licence is issued and period within which any renewal of the licence must be applied for;
(f)the name of the licensing authority;
(g)the periods at which the licence may be reviewed, if applicable;
(h)the amount and type of waste that may be generated, handled, processed, stored, reduced, re-used, recycled, recovered or disposed of;
(i)if applicable, the conditions in terms of which salvaging of waste may be undertaken;
(j)any other operating requirements relating to the management of the waste; and
(k)monitoring, auditing and reporting requirements.
(2)A waste management licence may–
(a)specify conditions in respect of the reduction, re-use, recycling and recovery of waste;
(b)specify conditions for the decommissioning of a waste disposal facility or cessation of the waste management activity;
(c)require the holder of a waste management licence to establish committees for the participation of interested and affected parties;
(d)provide that the licence is subject to the holder of a waste management licence providing an environmental management plan, contemplated in section 11 of the National Environmental Management Act, to the satisfaction of the licensing authority;
(e)require the holder of a waste management licence to undertake remediation work;
(f)specify the financial arrangements that the holder of a waste management licence must make for the undertaking of remediation work during the operation of the waste management activity or on decommissioning of the waste management activity;
(g)require the holder of the waste management licence to comply with all lawful requirements of an environmental management inspector carrying out his or her duties in terms of the National Environmental Management 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 requirements of the licence have or have not been complied with;
(ii)particulars of any failure to comply with any of those conditions or requirements;
(iii)the reasons for any failure to comply with any of those conditions or requirements; and
(iv)any action taken, or to be taken, to prevent any recurrence of that failure or to mitigate the effects of that failure; and
(h)include any other matters which are necessary for the protection of the environment.

52. Transfer of waste management licences

(1)If ownership of a waste management activity for which a waste management licence was issued is transferred, the holder may, with the permission of a licensing authority, transfer the licence to the new owner of the waste management activity.
(2)A person applying for permission to transfer a waste management 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 for the transfer of a waste management licence must be accompanied by–
(a)the prescribed processing fee; and
(b)such documentation and information as may be reasonably required by the licensing authority.
(5)If the environment or the rights or interests of other parties are likely to be adversely affected, the licensing authority must, before deciding the application for transfer, request the applicant to conduct a consultation process that may be appropriate in the circumstances to bring the application for the transfer of a waste management licence to the attention of relevant organs of state, interested persons and the public.[subsection (5) substituted by section 73 of Act 2 of 2022]
(6)When considering an application for the transfer of a waste management licence, the licensing authority may request any additional information, and must take into account all relevant matters, including whether the person to whom the licence is to be transferred is a fit and proper person as contemplated in section 59.
(7)If the licensing authority’s decision is to grant permission for the transfer of the waste management licence, the licensing authority–
(a)must issue an amended licence which reflects the details of the person to whom the licence is being transferred; and
(b)may make such amendments to the licence as are necessary to ensure that the purpose of any financial arrangements that are required in that licence are given effect to.
(8)The transfer of a waste management licence does not relieve the holder of the licence from whom the licence was transferred of any liability that the licence holder may have incurred whilst he or she was the holder of that licence.

53. Review of waste management licences

(1)A licensing authority must review a waste management licence at intervals specified in the licence, or when circumstances demand that a review is necessary.
(2)The licensing authority must inform the holder of the waste management licence, in writing, of any proposed review and the reason for such review if the review is undertaken at another interval than is provided for in a waste management licence.
(3)For purposes of the review, a waste management officer may require the holder of the waste management licence to compile and submit a waste impact report contemplated in section 66.

54. Variation of waste management licences

(1)A licensing authority may, by written notice to the holder of a waste management licence, vary the licence–
(a)if it is necessary or desirable to prevent pollution;
(b)if it is necessary or desirable for the purposes of achieving waste management standards or minimum requirements;
(c)if it is necessary or desirable to accommodate demands brought about by impacts on socio-economic circumstances and it is in the public interest to meet those demands;
(d)to make a non-substantive amendment;
(e)at the written request of the holder of the waste management licence; or
(f)if it is reviewed in terms of section 53.
(2)The variation of a waste management licence includes–
(a)the attaching of an additional condition or requirement to the waste management licence;
(b)the substitution of a condition or requirement;
(c)the removal of a condition or requirement; or
(d)the amendment of a condition or requirement.
(2A)The variation of a waste management licence is subject to the payment of a prescribed processing fee.[subsection (2A) inserted by section 74 of Act 2 of 2022]
(3)If a licensing authority receives a request from the holder of a waste management licence in terms of subsection (1)(e), the licensing authority must require the licence holder to take appropriate steps to bring the request to the attention of relevant organs of state, interested persons and the public if the variation of the licence is to authorise an increase in the environmental impact regulated by the waste management licence.
(4)Steps in terms of subsection (3) must include the publication of a notice in at least two newspapers circulating in the area in which the waste management activity authorised by the waste management licence is or is to be carried out.
(5)The notice contemplated in subsection (4) must–
(a)describe the nature and purpose of the request;
(b)give particulars of the waste management activity, including the place where it is, or is to be, carried out;
(c)state a reasonable period within which written representations on, or objections to, the request may be submitted, and the address or place where representations or objections must be submitted; and
(d)contain such other particulars as the licensing authority may require.
(6)Sections 47, 48 and 49 apply with the changes required by the context to the variation of a waste management licence.

55. Renewal of waste management licences

(1)A waste management licence may, on application by the holder of the licence, be renewed by a licensing authority.
(2)The holder of a waste management 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 of the area in which the activity is carried out by lodging an application with the licensing authority in the form required by the licensing authority.
(3)An application for the renewal of a waste management licence must be accompanied by–
(a)the prescribed processing fee; and
(b)such documentation and information as may reasonably be required by the licensing authority.
(4)If the environment or the rights or interests of other parties are likely to be adversely affected, the licensing authority must, before deciding the application, request the applicant to conduct a consultation process that may be appropriate in the circumstances to bring the application for the renewal of a waste management licence to the attention of relevant organs of state, interested persons and the public.
(5)Sections 47, 48, 49 and 51 apply with the changes required by the context to an application for the renewal of a waste management licence.
(6)If the holder of a waste management licence does not apply for renewal of that licence, the licence holder remains liable for taking all measures that are necessary to ensure that the cessation of the activity that was authorised by the licence is done in a manner that does not result in harm to health or the environment.

56. Revocation and suspension of waste management licences

(1)The licensing authority may, by written notice to the holder of a waste management licence, revoke or suspend that licence if the licensing authority is of the opinion that the licence holder has contravened a provision of this Act or a condition of the licence and such contravention may have, or is having, a significant effect on health or the environment.
(2)The licensing authority may not revoke or suspend a waste management licence before it has–
(a)consulted relevant organs of state;
(b)afforded the holder of the waste management licence an opportunity to make a submission in respect of the intended revocation or suspension; and
(c)in the event that the holder has made a submission contemplated in paragraph (b), the licensing authority has considered that submission.
(3)Despite subsection (2), if urgent action is necessary for the protection 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 state and give the holder of the waste management licence an opportunity to make a submission.

57. Surrender of waste management licences

(1)A holder of a waste management licence may surrender that licence with the permission of the licensing authority.
(2)In considering a request to surrender a waste management licence, the licensing authority may–
(a)request such information as it requires to consider the request; and
(b)require the licence holder to take such steps as it considers necessary for the protection of the environment before accepting that surrender of the licence.
(3)The surrender of a waste management licence does not relieve the holder of the licence of any liability that the licence holder may have incurred whilst he or she was the holder of that licence.

58. Waste management control officers

(1)A waste management officer may require the holder of a waste management licence to designate a waste management control officer, having regard to the size and nature of the waste management activity for which the licence was granted.
(2)A waste management control officer must–
(a)work towards the development and introduction of clean production technologies and practices to achieve waste minimisation;
(b)identify and submit potential measures in respect of waste minimisation, including the reduction, recovery, re-use and recycling of waste to the waste management licence holder and the licensing authority;
(c)take all reasonable steps to ensure compliance by the holder of the waste management licence with the licence conditions and requirements and the provisions of this Act; and
(d)promptly report any non-compliance with any licence conditions or require­ments or provisions of this Act to the licensing authority through the most effective means reasonably available.
(3)This section does not affect the liability of the holder of a waste management licence or the liability of that licence holder to comply with the conditions and requirements of the licence.

59. Criteria for fit and proper persons

In order to determine whether a person is a fit and proper person for the purposes of an application in terms of this Chapter, a licensing authority must take into account all relevant facts, including whether–
(a)that person has contravened or failed to comply with this Act, the Environment Conservation Act, the National Environmental Management Act or any other legislation applicable to waste management;
(b)that person has held a waste management licence or other authorisation that has been suspended or revoked or that person has not complied with a material condition of such waste management licence or authorisation;
(c)that person is or has been a director or senior manager of a company, firm or entity to whom paragraph (a) or (b) applies;
(d)that person has the ability to comply with this Act and any conditions subject to which the application may be granted; and
(e)the management of the waste management activity that is the subject of the application will be in the hands of a technically competent person.

Chapter 6
Waste information

60. Establishment of national waste information systems

(1)The Minister must establish a national waste information system for the recording, collection, management and analysis of data and information that must include–
(a)data on the quantity and type or classification of waste generated, stored, transported, treated, transformed, reduced, re-used, recycled, recovered and disposed of; and
(b)a register of–
(i)waste management activities that have been licensed;
(ii)the holders of waste management licences authorised to commence the waste management activities recorded in terms of subparagraph (i); and
(iii)the locations where the licensed waste management activities are or may be conducted.
(2)The waste information system may include information on–
(a)the levels and extent of waste management services provided by municipali­ties;
(b)information on compliance with this Act; and
(c)any other information that is necessary for the purposes of effective administration of this Act.
(3)The national waste information system may be implemented incrementally.

61. Objectives of national waste information system

The objective of the national waste information system is to–
(a)store, verify, analyse, evaluate and provide data and information for the protection of the environment and management of waste;
(b)provide information for the development and implementation of any integrated waste management plan required in terms of this Act; and
(c)provide information to organs of state and the public–
(i)for education, awareness raising, research and development purposes;
(ii)for planning, including the prioritisation of regulatory, waste minimisation and other initiatives;
(iii)for obligations to report in terms of any legislation;
(iv)for public safety management;
(v)on the status of the generation, collection, reduction, re-use, recycling and recovery, transportation, treatment and disposal of waste; and
(vi)the impact of waste on health and the environment.

62. Establishment of provincial waste information system

(1)The MEC may establish a provincial waste information system.
(2)A provincial waste information system must at least include the information required by the national information system.
(3)The Minister may, by notice in the Gazette, and for the purposes of ensuring efficient administration, exempt a category of persons who must furnish information to the provincial waste information system established in terms of subsection (1) from furnishing that information to the national waste information system established in terms of section 60.
(4)If the Minister exercises a power under subsection (3), the MEC is responsible for furnishing that information to the Minister, unless otherwise directed by the Minister by notice in the Gazette.

63. Provision of information

(1)The Minister may, by notice in the Gazette or in writing, require any person to provide, within a reasonable time or on a regular basis, any data, information, documents, samples or materials to the Minister that are reasonably required for the purposes of the national waste information system established in terms of section 60 or the management of waste.
(2)The MEC may, by notice in the Gazette or in writing, require any person or organ of state to provide, within a reasonable time or on a regular basis, any data, information, documents, samples or materials to the MEC that are reasonably required for the purposes of a provincial waste information system established in terms of section 62 or the management of waste in the province.
(3)A notice under subsection (1) or (2) may also indicate the manner in which the information must be furnished and, if required, how the information must be verified.
(4)Where the Minister or MEC requires a municipality to furnish data, information, documents, samples or materials in terms of subsection (1) or (2), the municipality concerned may, by notice in the Gazette or in writing, require any person or organ of state to provide, within a reasonable time or on a regular basis, such data, information, documents, samples or materials, and the verification of such information, to the municipality that are reasonably required to discharge its obligations in terms of subsection (1) or (2).

64. Access to information

Information contained in the national waste information system or a provincial waste information system established in terms of section 60 or 62, as the case may be, must be made available by the Minister or MEC, subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).

Chapter 7
Compliance and enforcement

65. Compliance powers of Minister responsible for water affairs

(1)Despite the powers conferred on the Minister or MEC by or under this Act, the Minister responsible for water affairs may exercise any powers conferred on him or her by section 19, 53 and 155 or the National Water Act, 1998 (Act No. 36 of 1998), in respect of a person who contravenes or fails to comply with any condition of a waste management licence, a remediation order or measures specified in terms of section 38(3) that may lead to an impact on a water resource.
(2)The Minister responsible for water affairs must exercise the powers contemplated in subsection (1) after consultation with the Minister or MEC.

66. Waste impact reports

(1)An environmental management inspector appointed in terms of the National Environmental Management Act may, in writing, require any person to submit a waste impact report in a specified form and within a specified period to the environmental management inspector if the environmental management inspector on reasonable grounds suspects that such person has on one or more occasions contravened or failed to comply with this Act or any conditions of a waste management licence or exemption and that the contravention or failure has had or is likely to have a detrimental effect on health or the environment, including social conditions, economic conditions, ecological conditions or cultural heritage, or has contributed to the degradation of the environment.
(2)A waste management officer may, in writing, require any person to submit a waste impact report in a specified form and within a specified period to the waste management officer if a review of a waste management licence is undertaken in terms of section 53.
(3)An environmental management inspector or waste management officer must stipulate the documentation and information that should be included in a report submitted in terms of subsection (1) or (2).
(4)Before making a request in terms of subsection (1) an environmental management inspector must afford the person to whom the request is to be made an opportunity to show cause why a waste impact report should not be required.
(5)A waste management officer may indicate that a waste impact report to be submitted in terms of subsection (1) or (2) must be compiled by an independent person.
(6)The costs incurred in compiling a waste impact report, including any costs of an independent person, are the liability of the person required to submit the report.
(7)If the person who is required to submit a waste impact report in terms of subsection (1) or (2) fails to submit the report within the specified period, the waste management officer may–
(a)appoint an independent person to compile the report; and
(b)recover the cost of compiling the report from the person required to submit the report.

67. Offences

(1)A person commits an offence if that person–
(a)contravenes or fails to comply with a provision of section 15, 16(1)(c), (d), (e) or (f), 20, 26(1), or any order under section 38(2) or (3) or a notice under section 17(2) or 18(1);[paragraph (a) substituted by section 23 of Act 25 of 2014 and by section 75(a) of Act 2 of 2022]
(b)contravenes or fails to comply with a provision of section 21, 22(1), 24, 27(2), 36(5) or 40(1);
(c)fails to submit or to prepare an industry waste management plan when required to do so in terms of section 28;
(d)contravenes or fails to comply with an industry waste management plan;
(e)contravenes or fails to comply with a waste management measure specified in terms of section 14(4) or 33(1);
(f)contravenes or fails to comply with a norm or standard established in terms of this Act;
(fA)contravenes any provision in the norm or standard contemplated in paragraph (f), in which such contravention is identified as an offence, and in such case paragraph (f) does not apply;[paragraph (fA) inserted by section 75(b) of Act 2 of 2022]
(g)fails to conduct a site assessment or to submit a site assessment report in terms of section 37(1);
(h)contravenes or fails to comply with a condition or requirement of a waste management licence or an integrated licence contemplated in section 44;
(i)fails to submit a waste impact report required in terms of section 66(1) or (2);
(j)contravenes or fails to comply with a condition subject to which exemption from a provision of this Act was granted in terms of section 76(3)(c);
(k)knowingly supplies false or misleading information in any application made in terms of this Act;
(l)knowingly supplies false or misleading information to a waste management officer or environmental management inspector for the purpose of this Act;
(m)fails to provide the information contemplated in section 29(5) or 63(4).
(2)A person who is in control of a vehicle, or in a position to control the use of a vehicle, that is used to transport waste for the purpose of offloading that waste, is guilty of an offence if that person–
(a)fails to take all reasonable steps to prevent spillage of waste or littering from the vehicle;
(b)intentionally or negligently cause spillage or littering from the vehicle;
(c)dispose of waste at a facility which is not authorised to accept such waste;
(d)fails to ensure that waste is disposed of at a facility that is authorised to accept such waste; or
(e)fails to comply with any duty set out in section 25(4).

68. Penalties

(1)A person convicted of an offence referred to in section 67(1)(a), (g) or (h) is liable to a fine not exceeding R10 000 000 or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment, in addition to any other penalty or award that may be imposed or made in terms of the National Environmental Management Act.
(2)A person convicted of an offence referred to in section 67(1)(b), (c), (d), (e), (f), (i), (j), (k) or (l) or section 67(2)(a), (b), (c), (d) or (e) is liable to a fine not exceeding R5 000 000 or to imprisonment for a period not exceeding five years, or to both a fine and such imprisonment, in addition to any other penalty or award that may be imposed or made in terms of the National Environmental Management Act.
(3)Any person convicted of an offence referred to in section 67(1)(m) is liable to a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment.
(4)A person who is convicted of an offence in terms of this Act and who persists after conviction in the act or omission that constituted the offence commits a continuing offence and is liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding 20 days, or to both such fine and such imprisonment, in respect of each day that person persists with that act or omission.
(5)A fine contemplated in subsection (1), (2), (3) or (4) must be determined with due consideration of–
(a)the severity of the offence in terms of its impact or potential impact on health, well-being, safety and the environment; and
(b)the monetary or other benefits that accrued to the convicted person through the commission of the offence.

Chapter 8
General matters

Part 1 – Regulations

69. Regulations by Minister

(1)The Minister may make regulations regarding–
(a)the identification and categorisation of waste;
(b)the manner in which particular waste types must be dealt with and managed;
(c)the manner in which priority waste must be dealt with and managed;
(d)requirements for monitoring of compliance with this Act or any licence issued in terms of this Act;
(e)waste management planning;
(f)the exercise of the duty of care;
(g)measures that are required for the environmentally sound management of waste;
(h)requirements in respect of waste management activities;
(i)measures that must be taken in respect of the implementation of waste minimisation, including the separation of waste at the point of generation and setting of targets or percentage of products that must be recovered under a re-use, recycling, refundable deposit or take-back programme;
(iA)the management and control of residue stockpiles and residue deposits from a prospecting, mining, exploration or production operation;[paragraph (iA) inserted by section 24 of Act 25 of 2014]
(j)the control of the import or export of waste;
(k)the obligation of producers of a specified product or class of product to carry out a life cycle assessment in relation to the product, in such manner or in accordance with such standards or procedures as may be specified;
(l)the requirements that must be complied with in respect of the design, composition or production of a product or packaging, including requirements in respect of–
(i)the restriction of the composition, volume or weight of packaging;
(ii)the reduction, re-use, recycling and recovery of packaging; and
(iii)the use of alternate materials that are less harmful to the environment;
(m)the utilisation of waste by way of recovery, re-use and recycling;
(n)the reduction of waste by–
(i)the adoption of certain manufacturing processes; and
(ii)the use of alternative materials or products;
(o)the financial arrangements of waste minimisation programmes;
(p)the institutional arrangements for the administration of waste minimisation programmes;
(q)the control over waste management facilities;
(r)labelling requirements in respect of waste management;
(s)the location, planning and design of waste management activities;
(t)the registration of persons transporting waste;
(u)the manner in which a site assessment in terms of section 37 must be conducted and the person who may conduct such assessments;
(v)the contents of a site assessment report contemplated in section 37, including persons who may undertake such site assessments;
(w)the manner in which an application for a waste management licence must be made, including the persons who may manage such applications;
(x)requirements in respect of the funding or insuring of a waste management activity;
(y)the nature, type, time period and format of data and information to be submitted in terms of a waste information system established in terms of this Act;
(z)the procedure for the institution of appeals against decisions of officials in the performance of their functions in terms of this Act;
(aa)the dissemination of information to the public;
(bb)incentives and disincentives to encourage a change in behaviour towards the generation of waste and waste management by all sectors of society;
(cc)matters that must be regulated by a contract between a municipality and any waste management service provider;
(dd)any matter that may or must be prescribed in terms of this Act; and
(ee)any other administrative or procedural matter that it is necessary for the proper administration and implementation of this Act.
(2)A regulation under subsection (1)(i), (j), (k), (l), (n) and (r) may only be made after consultation with the Minister of Trade and Industry.
(3)A regulation under subsection (1)(o) and (x), and a regulation in respect of financial incentives and disincentives made under subsection (1) (bb), may only be made with the concurrence of the Minister of Finance.
(4)A regulation under subsection (1)(cc) may only be made after consultation with the Minister for Provincial and Local Government.
(5)A regulation under subsection (1)(u), (v) and (w) may only be made after consultation with the Minister of Water Affairs and Forestry.
(6)Any regulation which pertains to the treatment of waste by means of incineration must be submitted to the National Assembly 30 days prior to publication.

69A. Regulations for Bureau

The Minister must make regulations regarding—
(a)any matter required or to be prescribed in terms of Part 7A;
(b)the setting or determination of service fees by the Bureau, other than those referred to in section 13B;
(c)the circumstances under which service fees can be charged;
(d)the manner in which the Bureau will receive and disburse funds referred to in section 34F(1); or
(e)any other matter in relation to the Bureau that is necessary to be prescribed for the proper implementation of this Act.
[section 69A inserted by section 14 of Act 26 of 2014]

70. Regulations by MECs

(1)The MEC with the concurrence of the Minister may make regulations for the province concerned in respect of any matter for which the MEC may or must make regulations in terms of this Act, including any matter referred to in section 69(1)(b) to (h), inclusive, (m), (p), (q), (s) to (w), inclusive, and (y) to (dd), inclusive.
(2)A regulation in respect to a matter referred to in section 69(1)(cc) may only be made after consultation with the Minister for Provincial and Local Government.
(3)A regulation in respect of a matter referred to in terms of section 69(1) (u), (v) and (w) may only be made after consultation with the Minister responsible for water affairs.

71. General regulatory powers

(1)Regulations made under this Act may–
(a)restrict or prohibit any act, either absolutely or conditionally;
(b)apply–
(i)generally to the Republic or a province, or only in a specified areas or category of areas; or
(ii)generally to all persons or only to a specified category of persons;
(c)differentiate between different–
(i)areas or category of areas;
(ii)persons or categories of persons; or
(iii)types, classes or categories of waste;
(d)incorporate by reference any guideline, minimum requirements, code of practice or any national or international standard relating to waste manage­ment.
(2)Regulations made in terms of sections 69 and 70 may provide that any person who contravenes or fails to comply with a provision thereof, is guilty of an offence and liable on conviction to—
(a)imprisonment for a period not exceeding five years;
(b)a fine not exceeding five million rand, and in the case of a second or subsequent conviction, to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years or in both instances to both a fine and such imprisonment; or
(c)both a fine and imprisonment.
[subsection (2) substituted by section 78(a) of Act 2 of 2022]
(2A)Regulations made in terms of sections 69 and 70 may differentiate between the penalties for the contravention of the different provisions thereof, but the maximum penalty may not exceed a penalty provided for in subsection (2).[subsection (2A) inserted by section 78(b) of Act 2 of 2022]
(3)
(a)Before publishing any regulation under this Act, or any amendment to the regulations, the Minister or MEC, as the case may be, must follow a consultative process in accordance with sections 72 and 73.
(b)Paragraph (a) need not be complied with if the regulations are amended in a non-substantive manner.

Part 2 – Consultative process

72. Consultation

(1)Before exercising a power which, in terms of this Act, must be exercised in accordance with this section and section 73, the Minister or MEC must follow such consultative process as may be appropriate in the circumstances.
(2)When conducting the consultations contemplated in subsection (1), the Minister must—
(a)consult all Cabinet members whose areas of responsibility will be affected by the exercise of the powers;
(b)in accordance with the principles of co-operative governance as set out in Chapter 3 of the Constitution and subject to the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005), consult the MEC responsible for waste management in each province that will be affected by the exercise of the power; and
(c)conduct a public participation process in accordance with section 73.
(3)When conducting the consultations contemplated in subsection (1), the MEC must—
(a)consult all members of the Executive Council whose areas of responsibility will be affected by the exercise of the powers;
(b)in accordance with the principles of co-operative governance as set out in Chapter 3 of the Constitution and subject to the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005), consult the Minister and all other national organs of state that will be affected by the exercise of the power; and
(c)conduct a public participation process in accordance with section 73.

73. Public participation

(1)Before exercising a power that, in terms of this Act, must be exercised in accordance which this section, the Minister or MEC, as the case may be, must give notice of the proposed exercise of the relevant power–
(a)in the Gazette; and
(b)in at least one newspaper distributed nationally or, if the exercise of power will only affect a specific area, in at least one newspaper distributed in that area.
(2)The notice must–
(a)invite members of the public to submit to the Minister or MEC, as the case may be, within no less than 30 days of publication of the notice in the Gazette, written representations on or objections to the proposed exercise of power; and
(b)contain sufficient information to enable members of the public to submit representations or objections.
(3)The Minister or MEC, as the case may be, may, in appropriate circumstances, allow any interested person or community to present oral representations or objections to the Minister or MEC, or a person designated by the Minister or MEC.
(4)The Minister or MEC, as the case may be, must give due consideration to all representations or objections received or presented before exercising the relevant power.

Part 3 – Exemptions and appeals

74. Applications for exemption

(1)Any person or organ of state may apply in writing for exemption from the application of a provision of this Act—
(a)to the Minister;
(b)where the Minister responsible for mineral resources is responsible for administering the provision of the Act from which the person or organ of state requires exemption, to the Minister responsible for mineral resources; or
(c)where the MEC is responsible for administering the provision of the Act from which the person or organ of state requires exemption, to the MEC,
except the exemption from the requirement to obtain a waste management licence contemplated in Chapter 5.[subsection (1) substituted by section 79 of Act 2 of 2022]
(2)An application in terms of subsection (1) must be accompanied by–
(a)an explanation of the reasons for the application; and
(b)any applicable supporting documents.

75. Consideration of applications for exemption

(1)The Minister, Minister responsible for mineral resources or MEC, as the case may be, may request an applicant contemplated in section 74 to furnish additional information where such information is necessary for the purposes of informing the Minister, Minister responsible for mineral resources or MEC’s decision.[subsection (1) substituted by section 80 of Act 2 of 2022]
(2)If the rights or interests of other parties are likely to be adversely affected by the proposed exemption, the Minister, Minister responsible for mineral resources or MEC, as the case may be, must, before deciding the application, request the applicant to—
(a)bring the application to the attention of relevant organs of state, interested persons and the public by conducting a public participation process indicated by the Minister, Minister responsible for mineral resources or MEC; and
(b)submit any comments received from the public following such process to the Minister, Minister responsible for mineral resources or MEC.
[subsection (2) substituted by section 80 of Act 2 of 2022]

76. Decisions on applications for exemption

(1)The Minister, Minister responsible for mineral resources or the MEC, as the case may be, may—
(a)grant an exemption from the application of a provision of this Act; or
(b)refuse to grant such exemption.
[subsection (1) amended by section 81(a) of Act 2 of 2022]
(2)Sections 48 and 49(2) to (6), inclusive, apply with the changes required by the context to the consideration of applications for exemptions.
(3)If an application is granted, the Minister, Minister responsible for mineral resources or MEC, as the case may be, must issue a written exemption notice to the applicant stating—
(a)the name, address and telephone number of the person to whom the exemption is granted;
(b)the provision of this Act from which exemption is granted;
(c)the conditions subject to which the exemption is granted, if the exemption is granted subject to conditions; and
(d)the period for which exemption is granted, if the exemption is granted for a period.
[subsection (3) amended by section 81(b) of Act 2 of 2022]
(4)The Minister, Minister responsible for mineral resources or the MEC, as the case may be, may by notice in the Gazette exempt an organ of state from a provision of this Act if—
(a)the provision, but for the definition of “person” contained in section (1), clearly should not apply to an organ of state;
(b)the exemption would not defeat the objects of this Act; and
(c)it is in the public interest to grant the exemption.
[subsection (4) amended by section 81(c) of Act 2 of 2022]

77. Review and transfer of exemptions

(1)The Minister, Minister responsible for mineral resources or MEC may—
(a)from time to time review any exemption granted in terms of section 76; and
(b)on good grounds suspend or withdraw such exemption or amend the exemption, or any part thereof.
[subsection (1) amended by section 82(a) of Act 2 of 2022]
(2)Before suspending, withdrawing or amending an exemption, the Minister, Minister responsible for mineral resources or MEC must give the person to whom the exemption was granted an opportunity to comment, in writing, on the reasons for the suspension, withdrawal or amendment.[subsection (2) substituted by section 82(b) of Act 2 of 2022]
(3)If an exemption has been granted in respect of a waste management activity, or part thereof, and ownership of that waste management activity is transferred, the exemption may, with the permission of the Minister, Minister responsible for mineral resources or MEC, be transferred by the holder of the exemption to the new owner of the waste management activity.[subsection (3) substituted by section 82(b) of Act 2 of 2022]
(4)Section 52 applies with the changes required by the context to the transfer of exemptions.

78. ***

[section 78 repealed by section 15 of Act 26 of 2014]

Chapter 9
Miscellaneous

79. Delegation and assignment

(1)The Minister or MEC, respectively, may delegate or assign to an official in their respective departments any power or duty conferred on the Minister or MEC, by or under this Act, except–
(a)the power conferred on the Minister or MEC, respectively, by section 7(2) or (3), 8(1), 14, 18, 19, 28, 69 or 70; or
(b)the duty imposed on the Minister by section 6 or 7(1).
(2)The Minister or MEC must regularly review and, if necessary, amend or withdraw a delegation or assignment under subsection (1).
(3)A delegation or assignment to an official under subsection (1)–
(a)is subject to such limitations and conditions as the Minister or MEC may impose;
(b)may either be to a specific official or to the holder of a specific post in the relevant department;
(c)may authorise that official to subdelegate or further assign, in writing, the power or duty to another official in the Department, or to the holder of a specific post in the Department;
(d)does not prevent the exercise of that power or the performance of that duty by the Minister or MEC; and
(e)does not divest the Minister or MEC of the responsibility concerning the exercise of the delegated power or the performance of the assigned duty.
(4)The Minister or MEC may confirm, vary or revoke any decision taken by an official as a result of a delegation or subdelegation under this section, subject to any rights that may have become vested as a consequence of that decision.

79A. Delegation by Minister responsible for mineral resources

(1)The Minister responsible for mineral resources may delegate a function entrusted to him or her in terms of this Act to–
(a)the Director-General of the Department responsible for mineral resources; or
(b)the holder of a specific post in the Department responsible for mineral resources who is not below the rank of director or its equivalent.
(2)A delegation in terms of subsection (1)–
(a)must be in writing;
(b)may be made subject to any condition;
(c)may be withdrawn by the Minister responsible for mineral resources.
[section 79A inserted by section 25 of Act 25 of 2014]

80. Repeal and amendment of laws, and savings

(1)Subject to subsections (2) and (3) and section 81, the laws set out in Schedule 2 are hereby repealed or amended to the extent set out in the third column thereof.
(2)Any regulation or direction made in terms of a provision of the Environment Conservation Act repealed by section (1) and in force immediately before the date of the coming into effect of this Act, remains in force and is considered to have been made under this Act until anything done under this Act overrides it.
(3)Anything lawfully done under a provision repealed by subsection (1) remains valid until anything done under this Act overrides it.
(4)A person operating a waste disposal facility that was established before the coming into effect of the Environment Conservation Act and that is operational on the date of the coming into effect of this Act may continue to operate the facility until such time as the Minister, by notice in the Gazette, calls upon that person to apply for a waste management licence.
(5)Any criminal proceedings instituted under section 19, 19A or 20(1) of the Environment Conservation Act that have not been finalised on the date of coming into effect of this Act, must be finalised as if those sections had not been repealed.

81. Transitional provisions in respect of permits issued in terms of Environment Conservation Act

(1)Despite the repeal of section 20 of the Environment Conservation Act by this Act, a permit issued in terms of that section remains valid subject to subsections (2) and (3).
(2)The holder of a permit issued in terms of section 20 of the Environment Conservation Act must apply for a waste management licence in terms of this Act, when required to do so by the licensing authority, in writing, and within the period stipulated by the licensing authority.
(3)A permit issued in terms of section 20 of the Environment Conservation Act lapses–
(a)if a waste management licence is issued in terms of this Act to the same person in respect of the same waste management activity;
(b)if the holder of the permit did not apply, within the stipulated period, for a waste management licence within the period contemplated in subsection (2); or
(c)if the licensing authority refuses an application contemplated in subsection (2).
(4)If a permit issued in terms of section 20 of the Environment Conservation Act lapses as contemplated in subsection (3)(b) or (c), the permit holder remains liable for taking all measures that are necessary to ensure that the cessation of the activity is done in a manner that does not result in harm to health or the environment.
(5)During the period for which a permit issued in terms of section 20 of the Environment 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 management licence issued in terms of this Act.
(6)Despite the repeal of section 20 of the Environment Conservation Act by this Act, an application for a permit made in terms of section 20 of the Environment Conservation Act that was not decided when section 81 of this Act took effect, must be proceeded with in terms of this Act as if that application were an application for a waste management licence in terms of this Act.

82. Transitional provision regarding listed waste management activities

A person who conducts a waste management activity listed in Schedule 1 on the date of coming into effect of this Act, and who immediately before that date lawfully conducted that waste management activity under Government Notice No. 91 of 1 February 2002, may continue with the activity until such time that the Minister by notice in the Gazette directs that person to apply for a waste management licence under this Act.

83. Act regarded as specific environmental management Act

This Act must be regarded as a specific environmental management Act for the purposes of the definition of “specific environmental management Act” contained in section 1 of the National Environmental Management Act.

84. Short title and commencement

(1)This Act is called the National Environmental Management: Waste Act, 2008, and takes effect on a date determined by the Minister by proclamation in the Gazette.
(2)Different dates may be so determined for different provisions of this Act.

Schedule 1 (Section 19)

Waste management activities in respect of which a waste management licence is required

Category A

The activities listed under Category A are equivalent to those that require a basic assessment process as stipulated in the environmental impact assessment regulations made under section 24(5) of the National Environmental Management Act, 1998 (Act No. 107 of 1998)

Storage and transfer of waste

1.The temporary storage of general waste at a facility, including a waste transfer facility and container yard, that has the capacity to receive in excess of 30 tonnes of general waste per day or that has a throughput capacity in excess of 20m3 per day, including the construction of a facility and associated structures and infrastructure for such storage.
2.The temporary storage of hazardous waste at a facility, including a waste transfer facility and container yard, that has the capacity to receive in excess of three tonnes of hazardous waste per day, including the construction of a facility and associated structures and infrastructure for such storage.

Recycling and recovery

3.The sorting and shredding of general waste 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.The recovery of waste, excluding recovery that takes place as an integral part of an internal manufacturing process, at a facility that has the capacity to receive in excess of three tonnes of general waste or 100 kilograms of hazardous waste per day, including the construction of a facility and associated structures and infrastructure for such recovery.

Treatment of waste

5.The biological, physical or physicochemical treatment of general waste or the autoclaving, drying or microwaving of general waste at a facility that has the capacity to 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.The biological or physicochemical treatment of hazardous waste or the autoclaving, drying or microwaving of hazardous waste, including the construction of a facility and associated structures and infrastructure for such treatment.
7.The treatment of waste in sludge lagoons.

Disposal of waste on land

8.The disposal of inert waste, excluding the disposal of less than 25 tonnes of inert waste for the purposes of levelling and building that has been authorised by or under legislation, including the construction of a facility and associated structures and infrastructure for such disposal.
9.The disposal of general waste to land covering an area of less than 100m2 or 200m3 air space, including the construction of a facility and associated structures and infrastructure for such disposal.

Storage, treatment and processing of animal waste

10.The storage, treatment or processing of animal manure, including the composting of animal manure, at a facility that has a throughput capacity in excess of 10 tonnes per month, including the construction of a facility and associated structures and infrastruc­ture for such storage, treatment or processing.
11.The processing of waste at biogas installations with a capacity for receiving five tonnes or more per day of animal waste, animal manure, abattoir waste or vegetable waste, including the construction of a facility and associated structures and infrastruc­ture for such processing animal manure and abattoir waste.

Expansion or decommissioning of facilities and associated structures and infra­structure

12.The expansion or decommissioning of facilities and associated structures and infrastructure for activities listed in this Schedule.

Category B

The activities listed under Category B are equivalent to those that require an environmental impact assessment process stipulated in the environmental impact assessment regulations made under section 24(5) of the National Environmental Management Act, 1998 (Act No. 107 of 1998)

Treatment of waste

1.The treatment of general waste by a method other than biological, physical or physicochemical treatment at a facility with the capacity to 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.
2.The treatment of hazardous waste by a method other than biological or physicochemical treatment, including the construction of a facility and associated structures and infrastructure for such treatment.
3.The incineration of waste, including the construction of a facility and associated structures and infrastructure for the incineration of waste.

Disposal of waste on land

4.The disposal of hazardous waste to land, including the construction of a facility and associated structures and infrastructure for such disposal.
5.The disposal of general waste to land covering an area of more than 100m2 or 200m3 of air space, including the construction of a facility and associated structures and infrastructure for such disposal.

Schedule 2 (Section 80)

Laws repealed or amended

No. and year of lawShort titleExtent of repeal or amendment
Act No. 73 of 1989Environment Conservation Act, 19891.The amendment of section 1 by the deletion of the definitions of “disposal site” and “waste”.2.The repeal of sections 19, 19A, 20, 24, 24A, 24B and 24C.3.The amendment of section 29–(a)by the substitution for subsection (3) of the following subsection:“
(3)Any person who [contravenes a provision of section 19 or 19A or fails to comply therewith, or] fails to comply with a direction in terms of section 31A(1) or (2), or prevents any person authorized in terms of section 41A to enter upon such land or hinders him or her in the execution of his or her powers, shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding three months.”; and
(b)by the substitution for subsection (4) of the following subsection:“
(4)Any person who contravenes a provision of section [20(1), 20(9),] 22(1) or 23(2) [or a direction issued under section 20(8)] or fails to comply with [a condition of a permit, permission or] an authorization [or direction] issued [or granted] under the said provisions shall be guilty of an offence and liable on conviction to a fine not exceeding R100 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment, and to a fine not exceeding three times the commercial value of any thing in respect of which the offence was committed.”.
Act No. 79 of 1992Environment Conservation Amendment Act, 1992The repeal of sections 8 and 9.
Government Notice No. 1986, 1 August 1990 The repeal of the whole.
Government Notice No. 292, 28 February 2003 The repeal of the whole.

Schedule 3

[Schedule 3 added by section 18 of Act 26 of 2014 and repealed by section 84 of Act 2 of 2022]
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Cited documents 14

Act 14
1. Local Government: Municipal Systems Act, 2000 4517 citations
2. Local Government: Municipal Structures Act, 1998 4382 citations
3. Deeds Registries Act, 1937 2809 citations
4. Public Finance Management Act, 1999 2230 citations
5. National Environmental Management Act, 1998 2183 citations
6. Promotion of Access to Information Act, 2000 1631 citations
7. Banks Act, 1990 866 citations
8. National Water Act, 1998 865 citations
9. Mineral and Petroleum Resources Development Act, 2002 625 citations
10. Constitution of the Republic of South Africa, 1996 601 citations

Documents citing this one 438

Gazette 382
1. Eastern Cape Provincial Gazette dated 2014-03-24 number 3149
2. Eastern Cape Provincial Gazette dated 2016-02-15 number 3593
3. Eastern Cape Provincial Gazette dated 2019-02-11 number 4184
4. Eastern Cape Provincial Gazette dated 2019-03-11 number 4204
5. Eastern Cape Provincial Gazette dated 2019-04-01 number 4217
6. Eastern Cape Provincial Gazette dated 2019-07-22 number 4273
7. Eastern Cape Provincial Gazette dated 2020-11-23 number 4480
8. Eastern Cape Provincial Gazette dated 2021-03-08 number 4519
9. Eastern Cape Provincial Gazette dated 2021-10-11 number 4637
10. Eastern Cape Provincial Gazette dated 2022-05-30 number 4749
Judgment 21
1. Retail Motor Industry Organisation and Another v Minister of Water & Environmental Affairs and Another (145/2013) [2013] ZASCA 70 (23 May 2013) 7 citations
2. Recycling and Economic Development Initiative of South Africa v Minister of Environmental Affairs ; Kusaga Taka Consulting (Pty) Ltd v Minister of Environmental Affairs (1260/2017; 1279/2017; 187/2018; 188/2018) [2019] ZASCA 1 (24 January 2019) 5 citations
3. Global Environmental Trust and Others v Tendele Coal Mining (Pty) Ltd and Others (1105/2019) [2021] ZASCA 13 (9 February 2021) 4 citations
4. Company Secretary of Arcelormittal South Africa and Another v Vaal Environmental Justice Alliance (69/2014) [2014] ZASCA 184 (26 November 2014) 3 citations
5. Minister for Environmental Affairs and Another v Aquarius Platinum (SA) (Pty) Ltd and Others [2016] ZACC 4 (23 February 2016) 2 citations
6. Gauteng Department of Agriculture and Rural Development and Others v Interwaste (Pty) Ltd and Others (458/2018) [2019] ZASCA 68 (30 May 2019) 1 citation
7. Minister of Environmental Affairs and Another v ArcelorMittal South Africa Limited (342/2019) [2020] ZASCA 40 (17 April 2020) 1 citation
8. South African Farm Assured Meat Group CC N.N.O. and Others v Langeberg Municipality and Others (15865/2021) [2023] ZAWCHC 91 (13 July 2023) 1 citation
9. Enviroserv Waste Management (Pty) Ltd v Commissioner for South African Revenue Service (154/2022) [2023] ZASCA 180 (18 December 2023)
10. Global Environmental Trust and Others v Tendele Coal Mining (Pty) Ltd and Others (11488/2017) [2018] ZAKZPHC 62 (20 November 2018)
Government Notice 18
1. Directions Regarding Measures to Address, Pevent and Combat the Spread of COVID-19 Relating to National Environmental Management Permits and Licences (Alert Level 3)
2. Directions Regarding Measures to Address, Prevent and Combat the Spread of COVID-19 Relating to National Environmental Management Permits and Licences
3. Directions Regarding Measures to Address, Prevent and Combat the Spread of COVID-19 in Relation to Recycling of Waste
4. Environmental Impact Assessment Regulations, 2014
5. Extended Producer Responsibility Regulations, 2020
6. Extended Producer Responsibility Scheme for Paper, Packaging and Some Single Use Products, 2020
7. Extended Producer Responsibility Scheme for the Electrical & Electronic Equipment Sector, 2020
8. Extended Producer Responsibility Scheme for the Lighting Sector, 2020
9. List of Waste Management Activities that have, or are likely to have, a detrimental effect on the environment, 2013
10. Ministry of Environment, Forestry and Fisheries: Directions to address, prevent and combat the spread of COVID-19
By-law 15
1. Air Quality Management By-law, 2021
2. Coastal Management By-law, 2019
3. Integrated Waste Management By-law, 2009
4. Integrated Waste Management By-law, 2013
5. Integrated Waste Management By-law, 2020
6. Integrated Waste Management By-law, 2021
7. Integrated Waste Management By-law, 2022
8. Problem Building
9. Problem Property By-law, 2020
10. Scheduled Activities By-law, 2020
Act 1
1. Western Cape Biodiversity Act, 2021
Provincial Notice 1
1. Western Cape Land Use Planning Regulations, 2015 3 citations