National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)

Chapter 4 : Waste Management Measures

Part 4 : Waste management activities

19. Listed waste management activities

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(1)The Minister may by notice in the Gazette publish a list of waste management activities that have, or are likely to have, a detrimental effect on the environment.

 

(2)The Minister may amend the list by—
(a)adding other waste management activities to the list;
(b)removing waste management activities from the list; or
(c)making other changes to the particulars on the list.

 

(3)A notice referred to in subsection (1)—
(a)must indicate whether a waste management licence is required to conduct the activity or, if a waste management licence is not required, the requirements or standards that must be adhered to when conducting the activity;
(b)may exclude certain quantities or categories of waste or categories of persons from the application of the notice if the waste in question is—
(i)of such a small quantity or temporary nature that it is unlikely to cause pollution to the environment or harm to human health; or
(ii)adequately controlled by other legislation;
(c)may contain transitional and other special arrangements in respect of waste management activities that are carried out at the time of their listing; and
(d)must determine the date on which the notice takes effect.

 

(4)Until such time as the Minister has published a notice contemplated in subsection (1), Schedule 1 of this Act is applicable.

 

(5)The MEC, with the concurrence of the Minister, may by notice in the Gazette
(a)publish a list of waste management activities that have, or are likely to have, a detrimental effect on the environment in the province concerned; and
(b)when necessary, amend the list by—
(i)adding other waste management activities to the list;
(ii)removing waste management activities from the list; or
(iii)making other changes to the particulars on the list.

 

(6)A list published under subsection (5) by the MEC must include waste management activities listed in Schedule 1 or listed under section (1), if applicable.

 

(7)A list published under subsection (5) by the MEC applies to the relevant province only.

 

(8)A notice under subsection (1) or (5)—
(a)may contain transitional and other special arrangements in respect of waste management activities that are carried out at the time of their listing; and
(b)must determine the date on which the notice takes effect.

 

(9)For the purposes of administrative efficiency, the lists published under subsection (1) or (5) or Schedule 1 may divide the waste management activities into different categories.

 

(10)
(a)Before publishing a notice under subsection (1) or (5), or any amendment to such notice, the Minister or MEC, as the case may be, must follow a consultative process in accordance with sections 72 and 73.
(b)Paragraph (a) need not be complied with if the list contemplated in subsection (1) or (5) is amended in a non-substantive manner.