National Environmental Management: Waste Act, 2008
National Waste Information Regulations, 2012
Government Notice R625 of 2012
I, Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, hereby make the National Waste Information Regulations under section 69(1)(y), (aa) and (ee) of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), in the Schedule hereto.Bomo Edith Edna MolewaMinister of Water and Environmental Affairs
Interpretation and purpose of Regulations
(1)In these Regulations, unless the context indicates otherwise, a word or expression that is defined in the Act bears the same meaning in these Regulations, and in addition -"independent person" means a person who is not an employee of, and not otherwise related to, the entity he or she is auditing;"provincial authority" means Provincial Government Department or an agency responsible for the management of waste in the province;"provincial waste information system" means a provincial waste information system established in terms of section 62 of the Act;"registration certificate" means a written proof issued by the Department to a registered person to submit information to the South African Waste Information System in terms of Chapter 3 of the regulations;"registered person" means a person who is the holder of a registration certificate;"reporting period" means the quarterly period of a year calculated from January in respect of which information must be reported;"source" means the point of origin of waste whereby registered hazardous waste generators are selected or municipality or province in the case of general waste;"South African Waste Information System" or "SAWIS" means a national waste information system established in terms of section 60 of the Act;"The Act" means the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008);"these Regulations" include the Annexures to these Regulations;"waste information registration number" or "WIR number" means the unique number allocated by the Department to a registered person in terms of these Regulations;"waste management method" means a systematic procedure, technique, or process for the management of waste;"waste quantification equipment" means a measuring device used to determine or express the quantity of waste; and"waste quantification survey" means the collection of data which is performed for the purpose of obtaining measurements and analysis of waste quantities.(2)When any particular number of days is prescribed for the doing of any act, or for any other purpose, the same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day happens to fall on a Sunday or on any public holiday, in which case the time shall be reckoned exclusively of the first day and exclusively also of every such Sunday or public holiday.
2. Purpose of Regulations
The purpose of these Regulations is to regulate the collection of data and information to fulfill the objectives of the national waste information system as set out in section 61 of the Act.
3. Application of Regulations
(1)These Regulations apply uniformly to all persons conducting an activity listed in Annexure 1 to these Regulations.(2)A person who conducts an activity in a province that has an established waste information system in terms of section 62 of the Act and collects the minimum information required by these Regulations must submit the information to the provincial waste information system.(3)Where a province has developed waste information regulations that are compatible with these Regulations, a person who conducts an activity contemplated in Annexure 1 to these Regulations must comply with the provincial waste information regulations.
4. Confidentiality of information
(1)No person may disclose confidential information obtained in terms of these Regulations, unless -(a)the information is disclosed in compliance with the provisions of any law;(b)the person is ordered to disclose the information by a court of law;(c)the information is disclosed to enable a person to perform a function in terms of these Regulations.
5. Application for registration
(1)Any person conducting an existing activity listed in Annexure 1 must apply to the Department to be registered on the SAWIS within ninety (90) days of the coming into operation of these Regulations.(2)Any person commencing such an activity after the promulgation of the Regulations must apply to be registered on the SAWIS thirty (30) days after the commencement of such an activity.(3)Where a person in subregulation (1)(a) conducts more than one activity in different facilities, such activities must be registered individually.(4)An application contemplated in subregulation (1) must be in a form determined by the Department.
6. Consideration of applications for registration
(1)The Department must, within thirty (30) days of receiving an application for registration, either-(a)register the applicant and issue a registration certificate to the applicant which contains-(i)name of the activity;(ii)a waste information registration number;(iii)waste management method or hazardous waste generator; and(iv)the date of registration; or(b)refer the application for registration back to the applicant for correction.(2)An application for registration which has been referred back for correction must be amended and resubmitted to the Department within thirty (30) days after the date the Department issued a written notification to the applicant for correction.(3)The provisions of subregulation (1)(a) shall apply to an application for registration which has been referred back, corrected and resubmitted.
7. Changes to registration certificate
(1)A registered person must notify the Department of any change in respect of that person's registration certificate within thirty (30) days of such change occurring.(2)If a registered person transfers ownership of the business or no longer undertakes the activity which caused that person to register, the registered person must notify the Department in the form determined by the Department within thirty (30) days prior to the business being transferred or the activity being discontinued.(3)The person to whom the business is transferred to in subregulation (2), must within thirty (30) days of taking ownership of the business, amend the registration details of the business in a form determined by the Department.(4)On receipt of a notification in subregulations (1) and (2) and after the amendment of the registration details of a registered person in subregulation (3), the first application is deemed withdrawn.(5)If a person intends to recommence with an activity for which the registration was withdrawn, the person must comply with the legal requirements as set out in regulation 6.
Reporting and record keeping
8. Reporting or submission of information
(1)The submission of information to the SAWIS commence ninety (90) days after the end of registration period in regulation 6(1).(2)A registered person conducting an activity listed in Annexure 1 must submit quarterly information as prescribed in Annexure 2, within sixty (60) days of the end of a reporting period.(3)Subregulation (1) does not apply to the registered generators of hazardous waste.(4)A registered person submitting information on hazardous waste must submit the information based on actual quantities.(5)A registered person submitting information on general waste may submit information that is based on an estimation of quantities for a period of five (5) years after promulgation of the Regulations, where after the information must be based on actual quantities.(6)The five (5) year period in subregulation (5) does not apply to waste disposal of general waste to land covering an area in excess of 200m².(7)The provision in subregulation (5) regarding estimation of quantities for a period of five (5) years does not apply to waste management facilities installed with waste quantification equipment.(8)The information must be submitted to the SAWIS.(9)If a registered person is not able to submit the required information to the SAWIS, a registered person must submit the required information to the Department by facsimile, post or hand delivery within sixty (60) days of the end of a reporting period.
9. Record keeping
(1)A registered person must keep a record of the information submitted to the SAWIS or the Department.(2)The records contemplated in subregulation (1) must be-(a)retained for a period of at least 5 (five) years; and(b)made available for inspection by a representative of the Department on request.
Verification of information and general matters
10. Verification of information
(1)If a provincial authority responsible for the management of waste information in that province reasonably believes that the information submitted is incorrect or misleading, a provincial authority as the case may be, may instruct a registered person who the information belongs to, in writing, to-(a)submit an audit report prepared by an independent person on the accuracy of the information that has been submitted to the Department; or(b)undertake a waste quantification survey and submit a waste quantification report prepared by an independent person.(2)An audit report or waste quantification report requested in terms of subregulation (1) must be submitted within the period determined by a provincial authority, which period may not be less than thirty (30) days.(3)A registered person is liable for all costs in connection with compliance with an instruction in terms of sub-regulation (2).(4)If a registered person fails to submit an audit report or waste quantification survey report contemplated in subregulation (2) within the period determined by a provincial authority, a provincial authority may-(a)appoint an independent auditor/person to perform the audit or waste quantification survey; and(b)recover the cost of the audit or waste quantification survey from the registered person.
11. General matters
Where a provincial authority is not able to conduct the requirements in terms of regulation 10 the department may, after consultation with the provincial authority, conduct such requirements as stipulated in these regulations.
12. Offences and penalties
(1)A person commits an offence if that person-(a)provides incorrect or misleading information to the SAWIS; or(b)fails to comply with regulations 4, 5, 6(2), 7, 8 and 9.(2)A person who commits an offence in terms of subregulation (1) is liable on conviction to-(a)imprisonment for a period not exceeding fifteen (15) years;(b)an appropriate fine; or(c)both a fine and imprisonment.
13. Short title and commencement
These regulations are called the National Waste Information Regulations, 2012 and take effect on 1 January 2013.