National Waste Information Regulations, 2012

Jurisdiction
South Africa
Citation
Government Notice R625 of 2012
Primary work
National Environmental Management: Waste Act, 2008
Date
13 August 2012
Language
English
Type
Legislation
Download
Download PDF (243.7 KB)
Taxonomies
South Africa
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

Chapter 1
Interpretation and purpose of Regulations

1. Definitions

(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.

Chapter 2
Registration

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.

Chapter 3
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.

Chapter 4
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.

Annexure 1

List of persons conducting the following activities must register on the SAWIS in terms of Regulation 5

Generators of waste

(a)Generators of hazardous waste in excess of 20kg per day.

Recovery or recycling of waste

(b)Recovery of energy from general waste in excess of three (3) tons per day.
(c)Recovery of waste at a facility that has the capacity to process in excess of 10 tons of general waste or in excess of 500kg of hazardous waste per day, excluding recovery that takes place as an integral part of an internal manufacturing process within the same premises.
(d)The scrapping or recovery of motor vehicles at a facility that has an operational area in excess of 500m².
(e)Recycling of general waste at a facility that has an operational area in excess of 500m².
(f)Recycling of hazardous waste in excess of 500kg per day calculated as a monthly average.

Treatment of waste

(g)Treatment of general waste using any form of treatment at a facility that has the capacity to process in excess of 10 tons of general waste or 500kg of hazardous waste per day excluding the treatment of effluent, wastewater or sewerage.
(h)Treatment of health care risk waste regardless of size or capacity of the facility.

Disposal of waste

(i)Disposal of general waste to land covering an area in excess of 200m²
(j)Disposal of any quantity of hazardous waste to land.

Exportation of hazardous waste

(k)Hazardous waste exported from the Republic of South Africa.

Annexure 2

Reporting requirements in terms of Regulation 8(1)

The required quarterly information for reporting to the SAWIS, read with the Annexure 1 of these Regulations must include-
(a)the month and year to which the information applies;
(b)Categories of waste as detailed in Annexures 3 and 4;
(c)Source from which waste comes
(d)The quantity of waste reported in tons.

Annexure 3

General waste types for reporting to the SAWIS

Level 1Level 2 - Major Waste Type Level 3 -Specific Waste Type
General WasteNo.NameNo.Name
GW 01Municipal waste01 
GW 10Commercial and industrial waste01 
GW 13Brine01 
GW 14Fly ash and dust from miscellaneous sources01 
GW 15Bottom ash01 
GW 16Slag01Ferrous metal slag
02Non-ferrous metal slag
03Other
GW 17Mineral waste01Foundry sand
02Refractory waste
03Other
GW 18Waste of Electric and ElectronicEquipment (WEEE) from whichhazardous components/substanceshave been removed01Large Household Appliances
02Small Household Appliances
03Office, information & Communication Equipment
04Entertainment & ConsumerElectronics and toys, leisure,sports & recreational equipment and automaticissuing machines
05Lighting equipment
06Electric and Electronic tools
07Security & health careequipment
08Mixed WEEE
GW 20Organic waste01Garden waste
02Food waste
03Wood waste
GW 21Sewage sludge01Sewage sludge
GW 30Construction and demolition waste01 
GW 50Paper01Newsprint and magazines
02Brown grades
03White grades
04Mixed grades
GW 51Plastic01Polyethylene Terephthalate(PET)
02Polyvinyl Chloride (PVC)
03Low-density polyethylene(LPDE)
04Polypropylene (PP)
05Polystyrene (PS)
06Other
GW 52Glass01 
GW 53Metals01Ferrous metal
02Non-ferrous metal
GW 54Tyres01 
GW 99Other01 

Annexure 4

Hazardous waste types for reporting to the SAWIS

Level 1Level 2 - Major Waste TypeLevel 3 - specific waste type
Hazardous WasteNo.NameNo.Name
HW 01Gaseous waste01Gases (excluding Greenhouse gases)
02Obsolete ozone depleting gases
HW 02Mercury containing waste01Liquid waste containingmercury
02Solid waste containingmercury
HW 03Batteries01Lead Batteries
02Mercury Batteries
03Ni/Cd batteries
04Manganese dioxide and alkalibatteries
05Lithium & Lithium ionbatteries
06Nickel-metal hydride batteries
07Mixed batteries
HW 04POP Waste01PCB containing waste(>50mg/kg)
02Other POP-containing waste
HW 05Inorganic waste01Liquid and sludge inorganicwaste
02Solid inorganic waste
03Spent pot lining (inorganic)
HW 06Asbestos containing waste01Asbestos containing waste
HW 07Waste Oils01Waste oil
HW 08Organic halogenated and /orsulphur containing solvents01Solvents containing halogensand/or sulphur
HW 09Organic halogenated and/orsulphur containing waste01Liquids and sludgesccontaining halogens and/orsulphur
02Solids containing halogensand/or sulphur
HW 10Organic solvents without halogensand sulphur01Solvents without halogensand sulphur
HW 11Other organic waste withouthalogen or sulphur01Liquid and sludge organicwaste
02Solid organic waste
03Spent pot lining (organic)
HW 12Tarry and Bituminous waste01Tarry waste
02Bituminous waste
HW 13Brine01Brine
HW 14Fly ash and dust frommiscellaneous filter sources01Fly ash
HW 15Bottom ash01Bottom ash
HW 16Slag01Ferrous metal slag
02Non-ferrous metal slag
03Other
HW 17Mineral waste01Foundry sand
02Refractory waste
03Other
HW 18Waste of Electric and ElectronicEquipment (WEEE)01Large Household Appliance
02Small Household Appliances
03Office, information &Communication Equipment
04Entertainment & ConsumerElectronics and toys, leisure,sports & recreationalequipment and automatic issuing machines
05Lighting equipment
06Electric and Electronic tools
07Security & health care equipment
08Mixed WEEE
HW 19Health Care Risk Waste01Pathological waste
02Infectious waste and sharps
03Chemical waste
HW 20Sewage sludge01Sewage sludge
HW 21Miscellaneous01Miscellaneous
For mixtures, report under the waste type which represents the largest fraction of the waste under consideration. Report under a specific waste type e.g. mercury battery would be reported under mercury battery and not mercury containing waste.

Annexure 5

Waste management methods:

List of Recycling, Recovery, Treatment and Disposal (R, R, T & D) codes for categorization

CodeDescription
Recycling and Recovery
R1Direct recovery of energy from waste
R2Direct recovery of raw material from waste
R3Regeneration or rejuvenation of waste (solvents, carbons, acids & alkalis)
R4Recycling of organic substances
R5Recycling of metals and metal compounds
R6Recycling of other inorganic materials
Treatment (treatment not for the purposes of disposal)
T1Biological treatment (e.g. biodegradation, composting, biogas generation)
T2Physical treatment
T3Chemical treatment
T4Thermal treatment (incineration, pyrolysis, etc.)
Disposal
D1Disposal of waste to land (e.g. specially engineered landfill)
D2Disposal of waste to landfill (e.g. non-engineered landfill)
D3Storage/disposal of waste in surface impoundments (e.g. placement of liquid or sludge discards into pits, ponds, lagoons etc.)
D4Release of waste into water bodies (except seas/oceans)
D5Permanent storage (stabilization, micro-encapsulation, macro-encapsulation)
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History of this document

01 January 2013
Commenced

Note: See section 13.

13 August 2012 this version

Cited documents 1

Legislation 1
  1. National Environmental Management: Waste Act, 2008

Documents citing this one 0