National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)Chapter 4 : Waste Management MeasuresPart 1 : Priority wastes14. 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. |