| (1) | Where any activity results in the generation of waste that affects more than one province or where such activity is conducted in more than one province, the Minister may by written notice require a person, or by notice in the Gazette require a category of persons or an industry, that generates waste to prepare and submit an industry waste management plan to the Minister for approval. |
| (1A) | When exercising the power in terms of subsection (1), the Minister must consult every MEC of the province affected by the waste in question, or where the waste management activity is conducted, prior to taking a decision whether to approve the industry waste management plan or not |
[Subsection 1A inserted by section 7(a) of Act No. 26 of 2014]
| (2) | The MEC, with the concurrence of the Minister, may, in respect of any activity not contemplated in subsection (1) and which only affects that province concerned that results in the generation of waste, by written notice require a person, or by notice in the Gazette require a category of persons or an industry that generates that waste to prepare and submit an industry waste management plan to the MEC for approval. |
[Subsection 2 amended by section 7(b) of Act No. 26 of 2014]
| (3) | [Subsection 3 deleted by section 7(c) of Act No. 26 of 2014]. |
| (4) | When exercising a power under subsection (1) or (2), the Minister or MEC, as the case may be, must consider— |
| (a) | the impact or potential impact of the waste on health and the environment that is generated by the applicable person, category of persons or industry; |
| (b) | the environmentally sensitive nature of a natural resource or the amount of natural resources that is consumed in the manufacturing or production processes that result in the waste; and |
| (c) | the manner in which an industry waste management plan may contribute to— |
| (i) | the avoidance or minimisation of the generation of waste; |
| (ii) | the reduction of negative impacts on health and the environment; and |
| (iii) | the conserving of natural resources. |
| (5) | The Minister or MEC must, before exercising a power under subsection (1) or (2), as the case may be, consult the person, category of persons or industry to be affected. |
| (6) | The Minister or MEC, as the case may be, may give directions that an industry waste management plan must be prepared by an independent person, consistent with section 13A and 13B, at the cost of the person, category of persons or industry contemplated in subsection (1) or (2). |
[Subsection 6 amended by section 7(d) of Act No. 26 of 2014]
| (a) | A person, category of persons or industry contemplated in subsection (1) or (2) may elect to prepare, consistent with sections 13A and 13B, an industry waste management plan for approval in terms of this Part without being required to do so by the Minister or MEC. |
[Subsection (7)(a) amended by section 7(e) of Act No. 26 of 2014]
| (b) | When a person, category of persons or industry submits an industry waste management plan in terms of paragraph (a)— |
| (i) | subsections (4), (5) and (6) apply with the changes required by the context; and |
| (ii) | the Minister or MEC to whom the plan is submitted may exercise any of their respective powers set out in this Part in respect of that plan. |
