| (2) | [Subsection 2 deleted by section 8(a) of Act No. 26 of 2014]. |
| (3) | When exercising a power under subsection (1), the Minister or MEC must consider whether— |
| (a) | the diversity, complexity and competitive nature of the industry concerned would make it impractical for a category of persons other than an organ of state or provincial department responsible for environmental affairs to prepare the plan; |
| (b) | the knowledge or experience of the persons who are likely to be affected by the plan in the areas of waste reduction, re-use, recycling and recovery is limited; |
| (c) | the persons who are likely to be affected by the plan comprise of small, medium or micro enterprises; or |
| (d) | the person required to prepare a plan in accordance with section 28, or to revise or amend the plan in terms of section 32(1), has failed to do so. |
[Subsection 3 amended by section 8(b) of Act No. 26 of 2014]
| (4) | The Minister or MEC, as the case may be, may recover the costs of preparing an industry waste management plan from— |
| (a) | the person contemplated in section 28 who, after written notice, failed to prepare the plan; or |
| (b) | the person who is required to revise or amend the plan in terms of section 32(1), but has failed to do so. |
| (5) | An organ of state contemplated in subsection (1) and (2), respectively, may, by written notice, require any person to provide such information as may be necessary to prepare the industry waste management plan. |
[Subsection 5 amended by section 8(c) of Act No. 26 of 2014]
| (6) | An organ of state contemplated in subsection (1), must follow a consultative process in accordance with sections 72 and 73, unless that plan is being prepared as a result of a person who was required to prepare that plan failing to do so, in which case section 31(2) applies. |
[Subsection 6 amended by section 8(c) of Act No. 26 of 2014]
