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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
- [This is the version of this document from 30 June 2023.]
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. |
- [Amended by National Environmental Management Laws Amendment Act, 2013 (Act 14 of 2013) on 24 July 2013]
- [Amended by National Environmental Management: Waste Amendment Act, 2014 (Act 26 of 2014) on 2 June 2014]
- [Amended by National Environmental Management Laws Amendment Act, 2014 (Act 25 of 2014) on 2 September 2014]
- [Amended by National Environmental Management Laws Amendment Act, 2022 (Act 2 of 2022) on 30 June 2023]
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–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
5. Application of 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
Part 2 – National norms and standards, provincial norms and standards and waste service standards
7. National norms and standards
8. Provincial norms and standards
9. Waste service standards
Chapter 3
Institutional and planning matters
10. Designation of waste management officers
11. Certain organs of state to prepare integrated waste management plans
12. Contents of integrated waste management plans
13. Reporting on implementation of integrated waste management plans
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
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–Chapter 4
Waste management measures
Part 1 – Priority wastes
14. Declaration of priority wastes
15. Consequences of declaration of priority wastes
Part 2 – General duty
16. General duty in respect of waste management
Part 3 – Reduction, re-use, recycling and recovery of waste
17. Reduction, re-use, recycling and recovery of waste
18. Extended producer responsibility
Part 4 – Waste management activities
19. Listed waste management activities
20. Consequences of listing waste management activities
No person may commence, undertake or conduct a waste management activity, except in accordance with–20A. Prohibited or restricted activities in specified geographical areas
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–22. Storage of general waste
23. Waste collection services
24. Collection of waste
No person may collect waste for removal from premises unless such person is–25. Duties of persons transporting waste
Part 6 – Treatment, processing and disposal of waste
26. Prohibition of unauthorised disposal
27. Littering
Part 7 – Industry waste management plans
28. Preparation of industry waste management plans by certain persons
29. Preparation of industry waste management plans by organs of state
30. Contents of industry waste management plans
31. Notification of industry waste management plans
32. Consideration of industry waste management plans
33. Specification of measures to be taken
34. Review of industry waste management plans
Part 7A – Waste Management Bureau
[Part 7A inserted by section 13 of Act 26 of 2014]34A. Establishment of Waste Management Bureau
34B. Determination of policy
34C. Minister’s supervisory powers
34D. Objects of Bureau
The objects of the Bureau are to–34E. Functions of Bureau
34F. Funding of Bureau
34G. Financial management
34H. Reporting and audit
34I. Immovable property
34J. Chief Executive Officer of Bureau
34K. Functions of Chief Executive Officer
34L. Employees of Bureau
Part 8 – Contaminated land
35. Application of this part
This part applies to the contamination of land even if the contamination–36. Identification and notification of investigation areas
37. Consequences of identification and notification of investigation areas
38. Consideration of site assessment reports
39. Orders to remediate contaminated land
40. Transfer of remediation sites
41. Contaminated land register
Part 9 – Other measures
42. Recognition programmes
Chapter 5
Licensing of waste management activities
43. Licensing authority
43A. Residue stockpiles and residue deposits
44. Co-operative governance in waste management licence applications
45. Application for waste management licences
46. Appointment of persons to manage waste management licence applications
47. Procedure for waste management licence applications
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–49. Decision of licensing authorities on waste management licence applications
50. Issuing of waste management licences
51. Contents of waste management licences
52. Transfer of waste management licences
53. Review of waste management licences
54. Variation of waste management licences
55. Renewal of waste management licences
56. Revocation and suspension of waste management licences
57. Surrender of waste management licences
58. Waste management control officers
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–Chapter 6
Waste information
60. Establishment of national waste information systems
61. Objectives of national waste information system
The objective of the national waste information system is to–62. Establishment of provincial waste information system
63. Provision of information
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
66. Waste impact reports
67. Offences
68. Penalties
Chapter 8
General matters
Part 1 – Regulations
69. Regulations by Minister
69A. Regulations for Bureau
The Minister must make regulations regarding—70. Regulations by MECs
71. General regulatory powers
Part 2 – Consultative process
72. Consultation
73. Public participation
Part 3 – Exemptions and appeals
74. Applications for exemption
75. Consideration of applications for exemption
76. Decisions on applications for exemption
77. Review and transfer of exemptions
78. ***
[section 78 repealed by section 15 of Act 26 of 2014]Chapter 9
Miscellaneous
79. Delegation and assignment
79A. Delegation by Minister responsible for mineral resources
80. Repeal and amendment of laws, and savings
81. Transitional provisions in respect of permits issued in terms of Environment Conservation 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
History of this document
30 June 2023 this version
Commenced
02 September 2014
02 June 2014
02 May 2014
24 July 2013
01 July 2009
10 March 2009
06 March 2009
Assented to
Cited documents 14
Act 14
1. | Local Government: Municipal Systems Act, 2000 | 4528 citations |
2. | Local Government: Municipal Structures Act, 1998 | 4395 citations |
3. | Deeds Registries Act, 1937 | 2814 citations |
4. | Public Finance Management Act, 1999 | 2237 citations |
5. | National Environmental Management Act, 1998 | 2192 citations |
6. | Promotion of Access to Information Act, 2000 | 1633 citations |
7. | Banks Act, 1990 | 871 citations |
8. | National Water Act, 1998 | 867 citations |
9. | Mineral and Petroleum Resources Development Act, 2002 | 630 citations |
10. | Constitution of the Republic of South Africa, 1996 | 601 citations |
Documents citing this one 439
Gazette 382
Judgment 22
Government Notice 18
By-law 15
Act 1
1. | Western Cape Biodiversity Act, 2021 |
Provincial Notice 1
1. | Western Cape Land Use Planning Regulations, 2015 | 3 citations |