Regulations for the Control of Import or Export of Waste, 2017
Government Notice 22 of 2019
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Regulations for the Control of Import or Export of Waste, 2017
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South Africa
National Environmental Management: Waste Act, 2008
Regulations for the Control of Import or Export of Waste, 2017
Government Notice 22 of 2019
- Published in Government Gazette 42175 on 21 January 2019
- Commenced
- [This is the version of this document as it was from 21 January 2019 to 5 February 2025.]
Chapter 1
Definitions and purpose of Regulations
1. Definitions
In these Regulations, any word or expression to which a meaning has been assigned in the Act has that same meaning, and unless the context indicates otherwise—“consent” means an approval to import, transit or export waste issued by the competent authority;“carrier” means a person who transports waste to, from or through South Africa;“competent authority” means a government authority, other than the Department, responsible for issuing consent for the transboundary movement of waste;“country of export” means a country from which the transboundary movement of waste is planned to be initiated or is initiated;“country of import” means a country to which waste is planned to be transported to as a final destination; “country of transit” means a country through which the waste will travel or is planned to travel through en route to its final destination;“Department” means the national department responsible for environmental affairs;“developed country” means members of the Organisation for Economic Co-operation and Development (OECD), European Community (EC) and Liechtenstein;“developing country” means all other countries not members of the Organisation for Economic Cooperation and Development (OECD), European Community (EC) and Liechtenstein;“exporter” means a person who sends or transports or intends to send or transport waste from the Republic to another country;“importer” means a person who receives or intends to receive waste into the Republic other than receipt for transit;“movement document” means the form provided in Annexure 2 of these Regulations;“notification document” means the notification form for the import, export or transit of waste provided in Annexure 1 of these Regulations;“re-import” means the import of waste that left the country of export legally but is being returned, or is expected to be returned, to the country of export;“safe disposal certificate” means a document which is issued by the waste treatment facility confirming the acceptance and management of the waste;“second hand goods” means second hand goods as defined in the Second-hand Goods Act, 2009 (Act No. 6 of 2009);“the Act” means the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008);“transit” means the continuous passage, movement or transportation of waste from one border of the Republic to another such border without storage other than temporary storage incidental to transport;“waste treatment facility” means a waste treatment facility as defined in the National Environmental: Waste Act, 2008 (Act No. 59 of 2008).2. Purpose of the Regulations
3. Application of the Regulations
These Regulations do not apply to—Chapter 2
Prohibitions
4. General prohibitions
Chapter 3
Requirements for the application for the import, export or transit of waste
5. Requirements when applying for the import of hazardous waste
An application for the import of hazardous waste submitted to the Department must include the following—6. Requirements when applying for the import of non-hazardous waste
An application for the import of non-hazardous waste submitted to the Department must include the following—7. Requirements when applying for the export of hazardous waste
An application for the export of hazardous waste submitted to the Department must include the following—8. Requirements when applying for the export of non-hazardous waste
An application for the export of non-hazardous waste submitted to the Department must include the following—9. Requirements when applying for the transit of hazardous waste
An application for the transit of hazardous waste submitted to the Department must as a minimum, include the following-Chapter 4
Decision of the Department
10. Consent
Chapter 5
Requirements for the transboundary movement of waste
11. Requirements when applying for the transboundary movement of waste
Chapter 6
Record keeping
12. Records of waste imported or exported
Chapter 7
General matters
13. Offences
A person commits an offence if that person contravenes or fails to comply with regulations 4, 5, 6, 7, 8, 9, 11 or 12 of these Regulations.14. Penalties
A person convicted of an offence under this Regulation is liable to—15. Short title and commencement
These Regulations are called the Regulations for the Control of Import or Export of Waste, 2017 and come into operation on a date fixed by the Minister by proclamation in the Gazette.History of this document
06 February 2025 amendment not yet applied
21 January 2019 this version
Cited documents 2
Act 2
1. | National Environmental Management: Waste Act, 2008 | 455 citations |
2. | Second-Hand Goods Act, 2009 | 35 citations |